HomeMy WebLinkAboutSpecificationsCITY OF SUNNY ISLES BEACH
CENTRAL ISLAND DRAINAGE AND
STREET IMPROVEMENTS
BID NO. 05 -10 -01
CONTRACT DOCUMENTS AND SPECIFICATIONS
October 2005
TABLE OF CONTENTS
PROJECT NAME: Central Island Drainage and Street Improvements
City of Sunny Isles Beach Bid No. 05 -10 -01
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONTRACT CONDITIONS
DOCUMENTS No. Pages
00020
Notice to Bidders
1
00100
Instructions to Bidders
7
00300
Bid Form
4
00401
Bid Bond
2
00402
Public Entity Crimes Affidavit
2
00403
Trench Safety Act
1
00420
Information Required from Bidders
3
00500
EJCDC Standard Form of Agreement
9
00600
Payment Bond
2
00601
Performance Bond
2
00650
Acknowledgment of Conformance with O.S.H.A. Standards
1
00700
Standard General Conditions of the Construction Contract
42
00800
Supplementary Conditions
13
00900
Addenda Format
1
SPECIFICATIONS
DIVISION I - GENERAL SPECIFICATIONS 15
DIVISION II — SPECIAL PROVISIONS 16
09/24
' SECTION 00020
1 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY ISLES BEACH
1 is seeking sealed bids for the following work as specified.
CENTRAL ISLAND DRAINAGE AND STREET IMPROVEMENTS
City of Sunny Isles Beach Bid No.05 -10 -01
Sealed bids for the construction of the Central Island Drainage and Street Improvements consisting
' among other items of milling and resurfacing, concrete sidewalks, construction of a new storm drainage
system including 27 drainage wells, and miscellaneous signing and marking as described in the Summary
of Quantities sheet will be received by the Owner, City of Sunny Isles Beach.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by
the City Clerk until 10:00 AM, on Thursday, November 3, 2005 at the City of Sunny Isles Beach, City
Hall located at 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Bids received after this time
will be returned unopened. Bids submitted will be opened publicly and read aloud at this time.
Bidding Documents may be examined at the City of Sunny Isles Beach, at the above - referenced address.
Bidders may obtain complete sets of Bidding Documents at no cost, from the City of Sunny Isles Beach
at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, between October 3 and 25, 2005. Partial
sets of Bidding Documents will not be available. A Mandatory Pre -Bid Conference will be held at
10:00 AM on Wednesday October 26, 2005 at the City of Sunny Isles Beach.
Bid security in the amount of five percent (5 %) of the Total Bid must accompany the Bid in accordance
with the Instructions to Bidders.
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors
and informalities, and to accept the Bid, which best serves the interest of the Owner.
' For further information, contact the office of the City Engineer Beiswenger, Hoch and Associates Inc.
(954) 334 -9000
1
Jane Hines
City Clerk
City of Sunny Isles Beach
'
Publish Dates: October 3, 2005
October 10, 2005
END OF DOCUMENT
24/09 00020 -1
SECTION 00100
1
INSTRUCTIONS TO BIDDERS
1. DEFINITIONS OF TERMINOLOGY
1.1
Bidding Documents.- These include among others, the Advertisement for Bid, Instructions to
Bidders, Bid Form, Sample Bidding and Contract Forms, proposed Contract Documents as
defined in the General Conditions and any Addenda issued prior to receipt of bids.
'
the
1.2
Total Base Bid.- The amount stated on the Bid Form for which the Bidder offers to perform
Work as described in the Bidding Documents.
1.3
Unit Price Bid. - The amount stated in the Bid Form as a price per unit of measurement for
materials or labor as described in the Bidding Documents.
1.4
Addenda.- Written and graphic documents issued by the Engineer prior to the execution of the
Contract to modify or interpret the Bidding Documents.
1.5
General Conditions.- Latest Version of the Standard General Conditions of the Construction
Contract.
1.6
Owner.- The City of Sunny Isles Beach, also referred to as "City"
1.7
Any Capitalized terms contained here -in (e.g. Owner, Engineer, Work, Agreement, Contract)
and is not defined above are contained in the General Conditions Article 1 — Definitions and
Terminology.
2. BIDDING DOCUMENTS
2.1
Complete sets of Bidding Documents may be obtained from the office of the Engineer as stated
in the Advertisement for Bid.
2.2
Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither
the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting
from the use of incomplete sets.
2.3
Bidding documents consist of this project manual along with the following construction plans
'
titled:
Project Name: Central Island Drainage and Street Improvements
Bid No. 05 -10 -01
3. EXAMINATION OF DOCUMENTS AND SITE
'
3.1
Bidders shall visit the site of the proposed work and become familiar with the nature and extent
of work to be performed and local conditions that may affect the work.
'
3.2
The Bidding Documents were prepared to present an essentially accurate representation of
existing conditions, interpreted from available information on the site. The Bidder is not
relieved, however, of the responsibility of becoming fully informed as to existing conditions at
'
the site.
1 06/05 00100 -1
I3.3
Bidders shall examine existing site improvements, and conditions, utilities, and streets to
determine all conditions, which will affect the Work.
'
4. INTERPRETATION OF BIDDING DOCUMENTS
4.1
All questions requiring clarification or interpretation of the Bidding Documents shall be made
'
in writing and shall reach the office of the Owner at least 5 days prior to the date for receipt of
bids. Direct all requests to the attention of the City Manager, Bid 05 -10 -01 at the City of Sunny
Isles Beach, 18070 Collins Avenue, Fl. 33160; Phone: 305- 947 -0606, Fax: 305- 947 -3113.
1
4.2
Any modification or interpretation of the Bidding Documents will be made by Addendum to all
who are recorded by the Engineer as having received a complete set of Bidding Documents.
'
by
4.3
Interpretations or modifications of Bidding Documents made in any manner other than
Addendum will not be binding.
4.4
A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued,
and shall acknowledge their receipt in the Bid Form.
'
5. SUBSTITUTIONS
5.1
Bidders represent that their Bid is based upon the materials and equipment described in the
Bidding Documents.
5.2
Requests for substitutions will be considered prior to receipt of bids if they reach the Engineer
at least 5 days prior to the date for receipt of bids.
5.3
Acceptance by the Engineer of a proposed substitution will be issued in the form of an
IAddendum
or Substitution Request Form.
6. QUALIFICATION OF BIDDERS
6.1
If requested, the Bidder shall submit to the Engineer, prior to award of contract, a properly
completed Contractors Qualification Statement, along with any other evidence of his
1
satisfactory experience and ability to perform the proposed Work.
6.2
If requested by the Owner, the Bidder shall submit a certified financial statement, prepared
within the past 30 days, indicating current financial resources, liabilities, capital equipment, and
history
past performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following specific reasons:
a. Reason to believe that collusion exists among Bidders.
b. Determination of lack of competency as may be revealed by qualification statements,
1 financial statements, experience records, or other questionnaires.
C. The Bidder's uncompleted work load which in the judgment of the Owner, may cause
detrimental impact on prompt completion of this project.
' d. The Bidder is involved in any litigation against the Owner.
e. The Bidder has defaulted on any previous contract or is in arrears on any existing
contract.
f. The submittal of more than one proposal from an individual, firm, partnership,
corporation or association under the same or different names.
06/05 00100 -2
' g. The Bidder, or its principals, have outstanding code enforcement violations with the City
of Sunny Isles Beach.
' 6.4 It shall be a requirement of this bid that there are no related party transactions between the
bidder and any City employee, agent or contractor of the City. Any bidder who is a related
party, as noted herein, will be considered non - responsive and the proposal and bid bond will be
immediately returned. A bidder will be considered a related party if the bidder has an
ownership interest or is in any way related to an employee, agent, consultant or contractor of
the City, is a sub - consultant of an employee, agent, consultant or contractor, and can influence
1 the management or operating policy of the other to an extent that one of the transacting parties
might be prevented from fully pursuing its own separate interests.
7. PERFORMANCE OF WORK BY CONTRACTOR:
7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least
' forty percent (40 %) of the total amount of work to be performed under this contract. The
Contractor shall specify in its proposal the list of construction items that represent the 40% of
its contract bid amount. After the contract is awarded, and during the progress of the work, the
' Owner reserves the right to reduce the percentage of work performed by the contractor's own
forces.
8. BID PREPARATION
8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled in by
typewriter or written in ink.
' 8.2 State total base bid amount in both words and figures. In case of a discrepancy between the
two, the amount written in words shall govern.
1 8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a
sole proprietor, a partnership, a corporation, or other legal entity.
a. Individual.- provide name and post office address.
b. Partnership.- provide name and post office address of each member of the partnership.
C. Corporation.- provide name and post office address of person signing the form and legal
evidence of his authority to do so; names and addresses of the corporation president,
secretary and treasurer; name of state where chartered; and affixed with the seal of the
' corporation, attested by the secretary.
8.4 Bids shall include documentation required by the Florida "Trench Safety Act." The Trench
Safety Act form is included within the Bid Form Section for completion by the Contractor and
review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of
compliance with the applicable trench safety standards.
8.5 All Unit Price Bids requested on the Bid Form shall be bid.
9. BID SUBMITTAL
' 9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid security, the list of
Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope,
addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope
shall be further identified with the Project name, the Bidder's name and address, and the words
"BID ENCLOSED ".
' 06/05 00100 -3
i]
G
9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids
indicated in the Advertisement for Bids. Bids received after the time and date indicated for
receipt of Bids will be returned unopened.
10. BID SECURITY
10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in
Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of
five percent (5 %) of the amount of the total Bid.
10.2 Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure
to furnish the required bonds will be just cause for an annulment of the award with the amount
of the bid security being forfeited to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable surety companies shall be determined from the latest
United States Treasury Department's list of companies holding certificates of authority as
acceptable Sureties on Federal Bonds. Requirements for Acceptable Surety Companies are
outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award may be considered
until successful execution of the Contract and bonds; or the specified time for holding bids has
elapsed; or all Bids have been rejected.
11. MODIFICATION AND WITHDRAWAL OF BID
11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not
resubmit it. Bids may not be modified after submittal.
11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days
after the time and date designated for the receipt of bids.
12. OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the
Advertisement for Bids.
13. GOVERNING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and
regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety
standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the
period of construction of the Project. In compliance with current State of Florida statutes, the
Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner,
in conjunction with the Bid Form.
14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially complete by the date set
forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages
in accordance with the Supplementary Conditions and the Agreement.
06/05 00100 -4
15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
15.1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety
bonds of the forms contained herein:
Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to
100 percent of the Contract Sum, and including guaranteed repair and maintenance of all
defects due to faulty materials and workmanship that appear within one year after completion
of contract.
b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants
supplying labor and materials in the Work in an amount equal to 100 percent of the Contract
Sum.
A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of
' recognized standing, authorized to do business in the State of Florida and having been in
business with a record of successful continuous operation for at least (5) years.
In addition to the above minimum qualifications, the Surety Company must meet the following
' additional qualifications.
The City will accept a surety bond from a company with a rating of B ++ or better for bonds up
to $1 million, provided, however, that if any Surety Company appears on the watch list that is
published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the Surety Company based on the financial information
1 available to the City. A Surety Company that is rejected by the City may be substituted by the
bidder or proponent with a surety company acceptable to the City, only if the bid amount does
not increase.
a. The Surety Company shall have at least the following minimum ratings:
Amount of Bond Policyholder's Rating Financial Size Category
' 100,000 to 1,000,000 B ++ Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
' 2,000,001 to 5,000,000 A Class VII or higher
b. All Surety Companies are subject to review and approval by the Owner and may be rejected
' without cause. All bonds signed by an Agency must be accompanied by a certificate of
authority to act.
I 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the
Treasurer stating the surety company's license and certificate of authorization to do business in
the State of Florida.
1 06/05 00100 -5
15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed
1
on the latest U.S. Treasury Department list of companies holding certificates of authority as
acceptable sureties on Federal Bonds.
'
15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto a
certified and current copy of Power of Attorney, indicating the monetary limit of such power.
'
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of
' recognized standing, authorized to do business in the State of Florida and having been in
business with a record of successful continuous operation for at least (5) years.
In addition to the above minimum qualifications, the Surety Company must meet the following
' additional qualifications.
The City will accept a surety bond from a company with a rating of B ++ or better for bonds up
to $1 million, provided, however, that if any Surety Company appears on the watch list that is
published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City
shall review and either accept or reject the Surety Company based on the financial information
1 available to the City. A Surety Company that is rejected by the City may be substituted by the
bidder or proponent with a surety company acceptable to the City, only if the bid amount does
not increase.
a. The Surety Company shall have at least the following minimum ratings:
Amount of Bond Policyholder's Rating Financial Size Category
' 100,000 to 1,000,000 B ++ Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
' 2,000,001 to 5,000,000 A Class VII or higher
b. All Surety Companies are subject to review and approval by the Owner and may be rejected
' without cause. All bonds signed by an Agency must be accompanied by a certificate of
authority to act.
I 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the
Treasurer stating the surety company's license and certificate of authorization to do business in
the State of Florida.
1 06/05 00100 -5
r
16. SUBCONTRACTOR LIST
' 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and
major material suppliers proposed for the principal portions of the Work. Submit list on form
rprovided by the Engineer.
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection
to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an
acceptable substitute person or entity in accordance with Article 6.06 of the General
Conditions.
17. BID PROTEST
17.1 In the event of a timely protest, the City Manager or his designee shall stay the award of the
contract unless, after consulting with the City Attorney and the affected director, he determines
that the award of the contract without delay is necessary to protect substantial interests of the
Owner.
17.2 The City shall require a deposit from a protester to compensate the Owner for the expenses of
administering the protest. If the protest is decided in the protester's favor, the entire deposit
' shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit
shall be forfeited to the Owner. The deposit shall be in the form of a cashier's check and shall
be in the amount of 1% of the amount of the pending award, with a minimum deposit of $500
rand a maximum deposit of $10,000.
18. CONTRACT AWARD AND EXECUTION
18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or
without cause; to waive any informality or irregularity; or to accept the Bid which is in the best
interest of the Owner.
r18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder
whose Bid is in conformance with the Bidding Documents and does not exceed the funds
available.
18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the
executed Contract, along with required bonds and any other items requested, to the Owner
within 10 working days. Failure to do so will be deemed as a breach of agreement by the
Bidder and result in forfeiture of bid security as described in the Instructions to Bidders.
r 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed
90 days after the date of bid opening stated in the Advertisement for Bids.
' 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder
whose qualifications indicate the award will be to the best interest of the Owner and whose
proposal shall comply with the requirements of the Contract Documents. Time is of the essence
for this project and the time limits set in the proposal, if set by the bidder, will be accorded
weight by the Owner in the determination of the best proposal. In no case will the award be
made until all necessary investigations have been made into the responsibility of the low bidder
and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary
organization, capital and equipment to carry out the provisions of the contract to the satisfaction
of the Owner within the time specified.
r06/05 00100 -6
18.7 If the Contractor feels that a problem exists either prior to, or during the bid opening, he /she
1 shall contact the City (within 24 hours of the bid opening) and follow the City's current policy
for bid protests.
18.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid
' Schedule Items that would be in the best interest of the Owner.
19. CASH ALLOWANCES
' 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this
purpose only. The Contractor shall not proceed on any additional work to be covered by
I allowances until authorized in writing by the Engineer. Such work shall be approved by the
Owner, shall be within the scope of work defined by this Contract and shall not exceed the
amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be
retained by the Owner.
END OF DOCUMENT
1 06/05
00100 -7
IBid of (Name of Bidder
IAddress
SECTION 00300
1 Phone Fax:
' To furnish all materials, equipment and labor and to perform all work in accordance with the Contract
Documents for construction of: CENTRAL ISLAND DRAINAGE AND STREETS IMPROVEMENTS
located in the CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
' Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work
and is familiar with the nature and extent of the work and any local conditions that may in any manner
affect the work to be done.
' The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding
Documents, in the manner prescribed therein and to the standards of quality and performance established
by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or
i combination of items stipulated. Unit price line items shall include cost of implementing all applicable
safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the
sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual
' quantities required may increase or decrease. Bidder further agrees that payments will be made on the
basis of actual quantities placed and accepted in the construction
UNIT BID PRICE SCHEDULE
Item No.
Description
Estimated
Quantity
Unit
Unit Price
Estimated
Amount
101 -1
Mobilization
1.0
LS
102 -1
Maintenance of Traffic
365
LS/Da
102 -3
Commercial Material for Driveway Repair
500
CY
102 -14
Traffic Control Officer
100
MH
102 -61
Project Sign, See Special Provisions
3
Ea
1 09/24 00300 -1
t
'I
t
LI
102 -71 -11
Barrier Wall (Temporary)
100
LF
102 -71 -21
Barrier Wall (Relocation)
300
LF
104 -11
Floating Turbidity Barrier
100
LF
104 -13 -1
Staked Silt Fence
200
LF
109 -71 -1
Field Office (300 SF Min. )
365
Da
110 -1 -1
Clearing and Grubbing
15
LS /Ac
120 -1
Regular Excavation
1,434
CY
230 -2
Limerock Material (12" Thick)
377
CY
327 -70 -1
Milling of Existing Pavement (1" Avg.
Depth)
28,158
SY
331 -2
Type S -1 Asphaltic Concrete (3" Avg.
Depth)
3,969
Ton
425 -1 -351
Curb Inlet Type P -5 ( <10')
9
Ea
425 -1 -361
Curb Inlet Type P -6 ( <10 ")
18
Ea
425 -1 -521
Ditch Bottom Inlet Type C ( <10')
18
Ea
425 -1 -541
Ditch Bottom Inlet Type D ( <10')
47
Ea
N/A SD -2.8
Inlet Type P -11 (Dade County Standard
<10')
4
Ea
425 -2-41
Manhole Type P -7 <I0
33
Ea
425 -5
Manhole (Adjust)
35
Ea
430 - 171 -123
Pipe Culvert 15" RCP
107
LF
430 -171 -125
Pipe Culvert 18" RCP
7,386
LF
430 -171 -124
Pipe Culvert 24" RCP
4,365
LF
430 -941
Pipe Desilting
500
LF
440 -1 -60
Underdrain Type Special Swale Trench
5,605
LF
520 -1 -10
Concrete Curb and Gutter Type F
1,686
LF
520 -3
Concrete Valley Gutter 3' Wide)
1,439
LF
520 -6
Concrete Shoulder Gutter
779
LF
522 -1
Concrete Sidewalk 4" Thick
3,760
SY
522 -2
Concrete Sidewalk 6" Thick)
166
SY
523 -1 -2
Patterned/Textured Pavement (Stamped
Concrete)
39
SY
575 -14
Sodding St. Augustine (Including Fertilizing
and Watering)
24,775
SY
580 -327 -2
Relocation of Small Trees
20
Ea
1 09/24 00300 -2
i
700 -40 -1
Single Post Sign
130
AS
700 -46 -21
Relocate Single Post Sign
30
Ea
760 -3
Marker Pavement Retro Reflective
Colorless, red
65
Ea
7603
Marker Pavement Retro Reflective
Colorless, amber
558
Ea
711-4
Directional Arrows Thermoplastic 16 SF)
10
Ea
711 -33
Skip Traffic Stripe, (10' of 4" white
thermoplastic at 30' ski
10
LF
711 -35 -81
Solid Traffic Stripe, 8" white thermoplastic
550
LF
711 -35 -121
Solid Traffic Stripe, 12" white thermoplastic
1,940
LF
711 -35 -181
Solid Traffic Stripe, 18" white thermoplastic
428
LF
711 -35 -241
Solid Traffic Stripe, 24" white thermoplastic
614
LF
711 -37-41
Solid Traffic Stripe, 4" white thermoplastic
4.82
NM
711 -38-41
Solid Traffic Stripe, 4" yellow thereto lastic
4.11
NM
730 -70
Drainage Wells (Exfiltration Wells)
27
Ea
GRAND TOTAL
I(Written)
I
n
(Authorized Signature)
BID SECURITY
(Date)
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 5%-of the bid made
payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is
accepted, the undersigned fails to execute the Agreement and furnish and pay for the required
performance and payment bonds for the Owner within 10 calendar days after acceptance of the Bid;
otherwise said certified or cashier's check or bid bond will be returned to the undersigned.
The undersigned Bidder agrees to commence work within ten (10) calendar days after the date of written
Notice to Proceed, and further agrees to substantially complete the work within THREE HUNDRED
SIXTY FIVE (365) consecutive calendar days after the date of written Notice to Proceed subject to such
extensions of time allowed by the Conditions of the Contract.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty
(60) days after the scheduled closing time for receiving bids.
1 09/24 00300 -3
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing
between the date established as the date of substantial completion and the actual date of such substantial
completion of the contract work, the amount of $500.00 per calendar day.
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1. ,2. ,3. ,4. ,5.
Dated this day of
(month) (year)
Contractor:
Address:
SEAL
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
09/24 00300 -4
DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
BID
BID DUE DATE: October 28, 2005
PROJECT: (Brief Description including Location):
Central Island Drainage and Street Improvement in the City of Sunny Isles Beach, Florida,
between Collins Ave. (along the west side) and Causeway; 174`h Street (south limit) and 183rd
Street (north limit)
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
BIDDER SURETY
(Seal)
Bidder's Name and Corporate Seal
By:
Attest:
Signature and Title
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond 09/24 00401 -1
n
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of
Bidder's bid and the total amount of the bid of the next
lowest, responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1.1. If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety shall
pay to Owner the penal sum set forth on the face
of this Bond, and
1.2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum set
forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents and Contract
Documents.
' 3. This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
' delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding
' Documents and any performance and
payment bonds required by the Bidding
Documents and Contract Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed
to in writing by Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof).
' 4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
' from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
1
IBid Bond 09/24
5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue
notice of award agreed to in writing by Owner and
Bidder, provided that the total time for issuing notice of
award including extensions shall not in the aggregate
exceed 120 days from Bid Due Date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of default,
as required in Paragraph 4 above, is received by Bidder
and Surety and in no case later than one year after Bid
Due Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal delivery, commercial courier or by
United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be
effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable provision of this Bond conflicts with any
applicable provision of any applicable statute, then the
provision of said statute shall govern and the remainder
of this Bond that is not in conflict therewith shall
continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer
or proposal as applicable.
00401 -2
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 The City of Sunny Isles Beach, Florida
by
[print individual's name and title]
' for
[print name of entity submitting sworn statement]
' whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
1 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
' entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
' 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statues,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
' 2. An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management of
' an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or
a pooling of equipment or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a person as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
' into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders, employees, members,
1 and agents who are active in management of an 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 its officers, directors, executives,
09/24
Form PUR 7068 (Rev. 06/11/92) 00402 -1
n
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.
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
' determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (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.
tSworn to and subscribed before me this day of,
' Personally known
I
I
OR Produced identification
(Type of identification)
09/24
Form PUR 7068 (Rev. 06/11/92)
00402 -2
[signature]
2005.
Notary Public - State of
My commission expires
(Printed typed or stamped
commissioned name of notary public)
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
■
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
' determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (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.
tSworn to and subscribed before me this day of,
' Personally known
I
I
OR Produced identification
(Type of identification)
09/24
Form PUR 7068 (Rev. 06/11/92)
00402 -2
[signature]
2005.
Notary Public - State of
My commission expires
(Printed typed or stamped
commissioned name of notary public)
DOCUMENT 00403
TRENCH SAFETY ACT
(90 -96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price
are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1,
1990. The bidder further identifies the costs of such compliance to be summarized below:
Trench Safety
Measure
(Description)
A.
B.
C.
D.
Unit of
Measure
(LFSF)
Unit Unit Extended
(Quantity) Cost Cost
Total $
If applicable, the Contractor certifies that all trench excavation done within his control in excess of five
feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions
Article 125 -1 and Sub - article 125 -4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND
SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non - responsive.
Contractor agrees that the above safety compliances and costs are included in his bid package.
Signature of Bidding Contractor
END OF DOCUMENT
09/24 00403 -1
DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
1. Contractor's Name and Address:
2
3
4
9
Contractor's Telephone Number:
C'nntrartnr's I. iCAn3P.'
Primary Classification:
Number of years as a Contractor in construction work of the type involved in this Contract:
List the names and titles of all officers of Contractor's firm:
6. Name of person who inspected site or proposed work for your firm:
Name-
7
L*-]
A
Date of Inspection:
What is the last project of this nature you have completed?
Have you ever failed to complete work awarded to you; if so, where and why?
Name three individuals or corporations for which you have performed work and to which you
refer:
09/24 00420 -1
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10. List the following information concerning all contracts on hand as of the date of submission of
this proposal. (In case of co- venture, list the information for all co- ventures).
NAME TOTAL CONTRACTED %
OF CONTRACT DATE OF COMPLETION
PROJECT CITY VALUE COMPLETION TO DATE
(Continue list on inset sheet, if necessary)
1 1 . What equipment do you own that is available for the work?
12. What equipment will you purchase for the proposed work?
NOTE: Attach additional sheets if required.
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
09/24 00420 -2
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1
1
1
LIST OF SUBCONTRACTORS
The Bidder SHALL list below the name and address of each Subcontractor who will perform work
under this Contract in excess of one -half percent of the total bid price, and shall also list the portion of
the work which will be done by such Subcontractor. After the opening of Proposals, changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors
must be properly licensed.
Work to be Performed Subcontractor's Name /Address
1.
2.
3.
4.
7.
10.
NOTE: Attach additional sheets if required.
09/24
00420 -3
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
between-CITY OF SUNNY ISLES BEACH_(hereinafter called OWNER) and _
(hereinafter called CONTRACTOR).
in the year 20_ by and
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Drainage and Street Improvements in the Central Island Neighborhood, limited by the NE 183`d and
174" Streets along the north and south respectively and Collis Avenue (A1 A) and the
Dumfoundling waterway along the east and west sides respectively. The work includes asphalt
milling and resurfacing, street widening, bicycle paths, drainage structures and associated drainage
piping and the construction of 27 drainage (deep) wells, in addition to signing, marking and
miscellaneous concrete work, sidewalks, curb and gutter and valley gutters.
Article 2. ENGINEER.
The Project has been designed by: Beiswenger, Hoch and Associates Inc
1190 NE 163`d Street
1 North Miami Beach, Fl. 33162
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.
rArticle 3. CONTRACT TIMES.
3.1, The Central Island Street and Drainage Improvements project will be substantially completed
' within 365 calendar days after the date when the Contract Times commence to run as provided in
paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance
with Paragraph 14.07 of the General Conditions within 395 calendar days after the original date
Iwhen 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.
I Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Thousand
Five Hundred and 00/100 dollars ($1,500.00) for each day that expires after the time specified in
paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If
CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date
EJCDC STANDARD FORM OF AGREEMENT 09124 00500 -1
within the time specified in paragraph 3.1 for completion and readiness for final payment or any
proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER an additional One
Thousand and 00/100 dollars ($1,000.00) for each day that expires after the time specified in
Paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
' OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 4.1 below:
4.1 FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
' 15
(use words) figures
' As provided in Paragraph 11 .03 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
1 in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in
paragraph 11 .03.6 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
on the number of units completed) or, in the event there is no schedule of values, as provided in
1 the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal
1 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%
' EJCDC STANDARD FORM OF AGREEMENT 09124 00500 -2
11
J
II
i
[I
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 8.9) and the other related data identified in the Bidding
Documents including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of
the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
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 4.02 B 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.
IEJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -3
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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 9 inclusive).
8.2. Exhibits to this Agreement (page) A inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601
and consisting of 4 pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 00700 -1 to 00700 -42, inclusive).
8.6. Supplementary Conditions (pages 00800 -1 to 00800 -13, inclusive) and any
amendments thereto.
8.7. Specifications bearing the title General Specifications and consisting of 15 pages.
8.8. Drawings consisting of cover sheet and sheets numbered consecutively 2 thru 114
8.9. Addenda , inclusive.
8.10. CONTRACTOR's Bid.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to
N/A inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying or supplementing the Contract Documents pursuant
to Paragraph 3.04 of the General Conditions.
8.13 Amendments and Additions to the Standard General Conditions of the Construction
Contract and the Supplementary Conditions, identified as exhibits 01000 and 0100_
and consisting of N/A pages.
The documents listed in Paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the
General Conditions.
EJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -4
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J
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and
legal representatives in respect to all covenants, agreements and obligations
contained in the Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree
that the Contract Documents shall be reformed to replace such stricken provisions
or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
PROJECT NAME: Central Island Drainage and Street Improvements
Project No. 05 -10 -01
DESCRIPTION SHEET NO.
Cover Sheet
1
Typical Sections
2-4
General Notes and Miscellaneous Details
5
Summary of Quantities
6
Survey Control Plan
7
Survey Control Points
8
Curve Data and Coordinates
9
Plan Layout
10
Plan and Profiles
11 -37
Drainage Structures
38 -39
Drainage Details
40 -41
Pavement Core Results
42
Exfiltration Tests
43
Cross Sections
44 -91
Traffic Control Notes
92
Traffic Control Plans
93 -97
Signing and Marking Plans
98 -114
9.5.2. In accordance with the indemnification provision contained in the General
Conditions, the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY
ISLES BEACH, and BEISWENGER, HOCH AND ASSOCIATES Inc. and their official agents and
IEJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -5
t
employees, from or on account of any injuries or damages received or sustained by any
person or person during or on account of any operations connected with the construction of
all Work; or by or in consequence of any negligence in connection with the same; or by use
of any improper materials or by or on account of any act or omission of the said
CONTRACTOR, subcontractor, agents, servants, or employees; and
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 BEISWENGER, HOCH AND ASSOCIATES Inc. their official agents
and employees, by making them an additional insured, and shall not be modified or canceled
without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together
with any modification or additions be delayed beyond the time herein set because of lack of
performance by the Contract, it is understood and agreed that aside from any other liquidated
damage per day for such delay from such time until the work is completed and accepted as
herein provided, all costs of engineering and inspection on behalf of the OWNER will be
charged to the CONTRACTOR and deducted from any estimate or payment otherwise due and
payable to him from time to time. The costs of engineering and inspection which may be
charged to the CONTRACTOR by the OWNER under this article shall be equal to the
Engineer's charges to the Owner.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and 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 20_ (which is the Effective Date of the
Agreement).
ATTEST:
By
[CORPORATE SEAL]
Address for giving notices
[CORPORATE SEAL]
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
IEJCDC STANDARD FORM OF AGREEMENT 09124 00500 -6
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 ; and CONTRACTOR authorized to execute same.
ATTEST:
Jane Hines, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
Hans Ottinot, City Attorney
day of ,2005
CITY OF SUNNY ISLES BEACH, through its
City Commission
By:
Norman S. Edelcup, Mayor
day of ,2005
By:
Christopher J. Russo, City Manager
day of ,2005
(CITY SEAL)
EJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -7
CERTIFICATE AS TO CORPORATE PRINCIPAL
that
Dade County Florida for
is
behalf of the Corporation.
Signed and sealed this day of
certify that I am the of
and
who signed the Bid with City of Sunny Isles,
City Bid No. 05- 10 -01,
of said Corporation with full authority to sign said Bid on
20
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of , 20_.
My Commission Expires:
Notary Public
EJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -8
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
certify that I am the
of
who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
Central Island Drainage and Street Improvements, Beiswenger, Hoch and Associates Inc.
Project No. 05- 10 -01, 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)
sm
(Typed Name w/Title)
(Typed Name w/Title)
(Typed Name w/Title)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of 20_
My Commission Expires:
Notary Public
EJCDC STANDARD FORM OF AGREEMENT 09/24 00500 -9
t
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): Central Island Drainage and Street Improvements, City of Sunny Isles
Beach, Fl. 33160
PROJECT NAME: Central island Drainage and Street Improvements
City of Sunny Isles Beach, Fl. 33160
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
(Corp. Seal)
(Corp. Seal)
SURETY
Company
Signature:
Name and Title:
SURETY
Company
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)
J
1. 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:
1. 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 a xpense 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
11.11
funds earned by the Contractor in the performance of the Construction Contract
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 shall 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 furnish
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.
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.
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, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
PROJECT NAME
' Central Island Drainage and Street Improvements
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:
'CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
Signature:
Name and Title:
SURETY
(Corp. Seal) Company
00601 -1
Signature:
Name and Title:
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.
(Corp. Seal)
(Corp. Seal)
L
I
I
J
F1
1. 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. 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.L
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 a xpense 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:
L 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 trade 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 REPRESENTA TIVE (Architect, Engineer or other party):
00601 -2
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
18070 Collins Avenue
Florida, 33160
We acknowledge and agree that as
contractors for the construction of the "Central Island Drainage and Street 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
Beiswenger, Hoch and Associates Inc., Consulting Engineers against any and all legal
liability or loss the District or the Engineer may incur due to (Name of the Contractor)
failure to comply with such act.
ATTEST
ATTEST
By:
Title:
DATE
END OF DOCUMENT
07/04 00650 -1
CONTRACTOR
Ia
P�
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
' Issued and Published Jointly By
National Society of
All �, Professional Engineers A=
AMERICAN CONSULTING Professional Engineers In Private Practice AMERICAN SOCIETY OF
CIVIL ENGINEERS
ENGINEERS COUNCIL
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
1 AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
1-1
This document has been approved and endorsed by
The Associated General Contractors of America
Construction Specifications Institute
A Co.setiew
Hd..w,vy
These General Conditions have been prepared for use with the Owner- Contractor Agreements (No. 1910 -8 -A -1 or 1910 -
8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910 -50). For guidance in the
preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910 -17)
(1996 Edition). r
1 EJCDC No. 1910 -8 (1996 Edition)
r
0
�J
fl
�I
Copyright °1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
1
TABLE OF CONTENTS
'
'
'
'
1
'
1
1
ARTICLE 1 -
1.01
1.02
ARTICLE 2 -
2.01
2.02
2.03
2.04
2.05
2.06
2.07
ARTICLE 3 -
3.01
3.02
3.03
3.04
3.05
ARTICLE 4 -
4.01
4.02
4.03
4.04
4.05
4.06
ARTICLE 5 -
5.01
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
5.10
ARTICLE 6 -
6.01
6.02
6.03
6.04
6.05
6.06
6.07
6.08
6.09
6.10
6.11
6.12
6.13
6.14
6.15
DEFINITIONS AND TERMINOLOGY ...... ............................... 00700-6
.......... ...............................
Defined Terms 00700-6
................... .. 00700-8
Terminology .............. ................ .
PRELIMINARY MATTERS ............. ............................... 00700-9
Delivery of Bonds .. • • ....... • - - • • • . 00700-9
Copies of Documents ................ ............................... 00700-9
Commencement of Contract Times; Notice to Proceed ................... • • . • • . • 00700-9
Starting the Work .. ............................... ............... 00700-9
Before Starting Construction ............ . 00700-9
Preconstruction Conference ........... ............................... 00700- 10
Initial Acceptance of Schedules ......... ............................... 00700- 10
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700- 10
Intent ..................... 00700- 10
Reference Standards ............... ............................... 00700- 10
Reporting and Resolving Discrepancies .... ............................... 00700- 11
Amending and Supplementing Contract Documents ........................... 00700- 11
Reuse of Documents ............................... 00700- 11
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS .................... ..........................00700 - 11
Availability of Lands . 00700- 11
Subsurface and Physical Conditions ...... ............................... 00700- 12
Differing Subsurface or Physical Conditions . ............................... 00700-12
Underground Facilities ............. 00700 - 13
. ...............................
Reference Points 00700- 13
Hazardous Environmental Condition at Site .................:::::::::..... 00700 - 14
BONDS AND INSURANCE ... .00700 - 15
Performance, Payment, and Other Bonds 00700- 15
Licensed Sureties and Insurers ...... • • . • ....... • ... • ........ • ....... • . 00700-15
Certificates of Insurance ..... .... 00700- 15
CONTRACTOR's Liability Insurance ..... ............................... 00700-15
OWNER's Liability Insurance .......... ............................... 00700-16
Property Insurance 00700-16
Waiver of Rights .................. ............................... 00700-17
Receipt and Application of Insurance Proceeds .............................. 00700 - 18
Acceptance of Bonds and Insurance, Option to Replace . • . , . • ..... .... • . • .... • 00700-18
Partial Utilization, Acknowledgment of Property Insurer . 00700-18
CONTRACTOR'S RESPONSIBILITIES ........... • . • 00700-18
Supervision and Superintendence .... ............................... -.... 00700-18
Labor, Working Hours .............. ............................... 00700- 19
Services, Materials, and Equipment ...... ............................... 00700-19
Progress Schedule ................. ............................... 00700-19
Substitutes and "Or- Equals" ........... ........................ 00700-19
Concerning Subcontractors, Suppliers, and Others ..................... ....... 00700 -20
Patent Fees and Royalties ............ ............................... 00700-21
Permits ............................. ..........................00700-21
Laws and Regulations . 00700 -22
T axes ......................... ............................... 00700- 22
............: .......................... 00700- 22
Use of Site and Other Areas ...........................................
Record Documents . ....................r... ....................... 00700 -22
Safety and Protection .................... ..........................00700 - 2.3
Safety Representative ............... ............................... 00700 -23
Hazard Communication Programs ........... ......................... 00700 -23
00700-3
t
d
6.16 Emergencies ..................... ............................... 00700 -23
6.17 Shop Drawings and Samples ........... ............................... 00700 -23
6.18 Continuing the Work ................ ............................... 00700 -24
6.19 CONTRACTOR's General Warranty and Guarantee ........................... 00700 -25
6.20 Indemnification ................... ............................... 00700 -25
ARTICLE 7 - OTHER WORK .................... ............................... 00700 -26
7.01 Related Work at Site ................ ............................... 00700 -26
7.02 Coordination .................... ............................... 00700- 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ......... ............................... 00700 -26
8.01 Communications to Contractor ......... ............................... 00700 -26
8.02 Replacement of ENGINEER ........... ............................... 00700 -26
8.03 Furnish Data .................... ............................... 00700- 26
8.04 Pay Promptly When Due ............. ............................... 00700 -26
8.05 Lands and Easements; Reports and Tests ... ............................... 00700 -26
8.06 Insurance ...................... ............................... 00700 -27
8.07 Change Orders ................... ............................... 00700 -27
8.08 Inspections, Tests, and Approvals ....... ............................... 00700 -27
8.09 Limitations on OWNER's Responsibilities .. ............................... 00700 -27
8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 -27
8.11 Evidence of Financial Arrangements ...... ............................... 00700 -27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700 -27
9.01 OWNER'S Representative ............ ............................... 00700 -27
9.02 Visits to Site ..................... ............................... 00700 -27
9.03 Project Representative .............. ............................... 00700 -27
9.04 Clarifications and Interpretations ....... ............................... 00700- 28
9.05 Authorized Variations in Work ......... ............................... 00700 - 28
9.06 Rejecting Defective Work ............. ............................... 00700 -28
9.07 Shop Drawings, Change Orders and Payments .............................. 00700 -28
9.08 Determinations for Unit Price Work ...... ............................... 00700- 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 -28
9.10 Limitations on ENGINEER's Authority and Responsibilities ...................... 00700 -28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .... ............................... 00700 -29
10.01 Authorized Changes in the Work ........ ............................... 00700 -29
10.02 Unauthorized Changes in the Work ...... ............................... 00700- 29
10.03 Execution of Change Orders ........... ............................... 00700- 29
10.04 Notification to Surety ............... ............................... 00700 -29
10.05 Claims and Disputes ................ ............................... 00700 -30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 -30
11.01 Cost of the Work .................. ............................... 00700-30
11.02 Cash Allowances .................. ............................... 00700- 32
11.03 Unit Price Work .................. ............................... 00700 -32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 -33
12.01 Change of Contract Price .......... ............................... 00700 -33
12.02 Change of Contract Times ............ ............................... 00700 -33
12.03 Delays Beyond CONTRACTOR's Control .. ............................... 00700 -33
12.04 Delays Within CONTRACTOR's Control ... ............................... 00700 -34
12.05 Delays Beyond OWNER's and CON77ZACTOR's Control ..................... 00700 -34
12.06 Delay Damages .................................................. 00700 -34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ........................ .......................00700 -34
13.01 Notice of Defects .................................................. 00700- 34
13.02 Access to Work ...................... ip ........................... 00700 -34
13.03 Tests and Inspections ............... ............................... 00700 34
13.04 Uncovering Work .................. ............................... 00700 -35
13.05 OWNER May Stop the Work ........... ............................... 00700-35
13.06 Correction or Removal of Defective Work .. ............................... 00700 -35
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13.07
13.08
13.09
ARTICLE 14 -
14.01
14.02
14.03
14.04
14.05
14.06
14.07
14.08
14.09
ARTICLE 15 -
15.01
15.02
15.03
15.04
ARTICLE 16 -
16.01
ARTICLE 17 -
17.01
17.02
17.03
17.04
17.05
Correction Period ................. ...............................
Acceptance of Defective Work ....... • .. • • .... • ....
OWNER May Correct Defective Work .
PAYMENTS TO CONTRACTOR AND COMPLETION ........................
Schedule of Values ................. ...............................
Progress Payments ................. ...............................
CONTRACTOR's Warranty of Title ...... ...............................
Substantial Completion ...... .....................
Partial Utilization ................. ...............................
Final Inspection ...........................
......................
Final Payment
Final Completion Delayed .. ........ ...............................
Waiver of Claims .......
SUSPENSION OF WORK AND TERMINATION ............................
OWNER May Suspend Work ........... ...............................
OWNER May Terminate for Cause ....... ...............................
OWNER May Terminate For Convenience .. ...............................
CONTRACTOR May Stop Work or Terminate ...............................
DISPUTE RESOLUTION ............. ...............................
Methods and Procedures ............. ...............................
MISCELLANEOUS ................. ...............................
Giving Notice .................... ...............................
Computation of Times ............... ...............................
Cumulative Remedies .....................
Survival of Obligations ......... • ..... • ..... • ......................
Controlling Law ...
• • .. • ...... • ... • ... •
• . • • • . • • . • • • . • • • . •
......... • .. •
•
.
•
.
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GENERAL CONDITIONS
1 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1 1.01 Defined Terns
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A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda -- Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement —The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment —The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos - -Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents —The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements- -The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds — Performance and payment bonds and
other instruments of security.
9. Change Order —A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim - -A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents- -The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are-Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price —The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Tunes —The number of days or the dates
stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
,,recommendation of final payment.
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15. CONTRACTOR —The individual or entity with
whom OWNER has entered into the Agreement.
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16. Cost of the Work- -See paragraph 11.01.A for
definition.
17. Drawings —That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Date of the Agreement- -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. ENGINEER - -The individual or entity named as
such in the Agreement.
20. ENGINEER's Consultant —An individual or entity
having a contact with ENGINEER to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order - -A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements— Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition —The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste —The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations, Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens — Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
27. Milestone - -A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice ofAward- -The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed - -A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
30. OWNER —The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization- -Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs -- Polychlorinated biphenyls.
33. Petroleum — Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum,
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil
muted with other non - Hazardous Waste and crude oils.
34. Project—The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual —The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material — Source, special nuclear, or
byproduct material as.defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time
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37. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
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38. Samples — Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings - -All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site - -Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights -of -way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41. Specifications - -That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor - -An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion —The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and `substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions- -That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier —A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities —All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work - -Work to be paid for on the
basis of unit prices.
48. Work- -The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
49. Work Change Directive —A written statement to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment —A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction - related
aspects of .the Contract Documents.
1.02 Terminology
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A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination will be solely
to evaluate, in general, the completed Work for
compliance with the requirements of and information in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
C 1 / A�
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred
to in the Contract Documents, or has been damaged prior
to ENGINEER's recommendation of final payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract 7-itnes; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starting Construction
A. CoAMCTOR's Review of Contract Docamenta:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. • CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR. shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
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B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
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in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 Preeonstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to. ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications. and .interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
00700-10
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except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents
Contract Documents.
2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
A. The Contract Documents may be amended to provide
for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contact Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changes m
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may snake a Claim
therefor as provided in paragraph 10.05.
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B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then CONTRACTOR shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
1 00700-12
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
r b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of paragraphs 9.08
and 11.03.
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
' reasonably have been discovered or revealed as a
result of any examination, investigation, exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
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c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. Shawn or Indicated. The information and data shown
or indicated in the Contract Documents with respect. to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give written
notice to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the existence or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or -indicated or not shown or indicated
with seasonable accuracy in the Contract Documents and
that CONTRACTOR did not know of and could not
reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
Establish reference points for construction which in
EN &INEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700-13
I ,
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Envirotunental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON -
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning
the necessity for OWNER to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that such condition and any affected
area.is or.has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either parry may make a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may
make a Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own-forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
00700- 14
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in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
of paragraph 5.01.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's. other- obligations under the Contract
Documents, whether it is to be performed. by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
00700- 15
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR'S employees;
r 3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
1
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has- been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurance
has been issued, evidence satisfactory -to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all -risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
S,,ppplementary Conditions;
00700-16
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
1
4. cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
E. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will protect
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will
have no rights of recovery against any of the insureds or
additional insureds thereunder. OWNER and CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss covered by such
policies and any other property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWNER's property or the Work
caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
00700- 17
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
o*r insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
iJ
pursuant to paragraph 14.04, or after frial payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.13 shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
OWNER shall deposit in a separate account any money so
received and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof,
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
of such party by the Contract Documents, such party shall
notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the insurers
providing the property insurance -pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
with the
agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance
agreement among the parties in interest is reached, OWNER Contract Documents. CONTRACTOR shall be solely
as fiduciary shall adjust and settle the loss with the insurers responsible for the means,.methods, techniques, sequences,
and, if required in writing by any party in interest, OWNER and procedures of construction, but CONTRACTOR shall
as fiduciary shall give bond for the proper performance of not be responsible: for the negligence of OWNER or
such duties. ENGINEER in the design .or. specification of a specific
means, method, technique, sequence, or procedure of
5.09 Acceptance of Bonds and Insurance; Option to construction which is shown or indicated in and expressly
Replace required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5 on
the basis of non- conformance with the Contract Documents,
the objecting party shall so notify the other parry in writing
within 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. OWNER
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided as the
other may reasonably request. If either party does not
purchase or *maintain all of the Bonds and insurance required
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
COI)1TRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
00700-18
6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTPOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
' Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or- equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the circum-
stances described below.
1. -Or-Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by ENGINEER as an
"or- equal" item, in which case review and approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
1 00700- 19
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
r 2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qua:'fy as an "or- equal" item under
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paragraph 6.05.A.1, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for
review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.13.
ENGINEER will be the sole judge of acceptability. No
"or -equal" or substitute will be ordered, installed or utilized
until ENGINEER's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER will
advise CONTRACTOR in writing of any negative
determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense a special
performance guarantee or other surety with respect to any
substitute.
E. ENGINEER's Cost Reimbursement: ENGINEER will
record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants#or.evaluadng each such proposed
substitute.
F. CONTRACTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or -equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.13),
whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or other
indididual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
1 00700-20
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to .see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention, design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design, process, product, or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities per-forming -or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
disclosed by OWNER m the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall. indemnify and hold harmless
OWNER, ENGINEER, ENGD='s Consultants, and the
officers, - directors, partners, xmployees or agents, and other
consultants of each and any of-them from and against all
claims, costs, losses, and damages •(includbtg but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Permits
A r Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
O
construction permits and licenses. WNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
00700-21
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and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, .a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Wither Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or occupant
against OWNER, ENGINEER, or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con -
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work:CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
00700 -22
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Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work, these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGMER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and
ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.07.13 that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 Hazard Communication Programs
A. CONTRACTOR shall be responsible for coordinating
any exchange of material -safety : data sheets or other hazard
communication information required to he made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6:17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
r
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 -23
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submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop- Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine if the items covered by
the submittals will, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's .review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubminal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. r CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
00700 -24
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as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 COMRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of .a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction. of . tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any of them may be liable,
.regardless of - whether or. not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit:acts.
` C. The indemnificatiomobligations of CONTRACTOR
under paragraph 6.20.A•shall .not extend to the liability of
ENGINEER and ENGINEER'$ Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
00700 -25
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that it the primary cause of the injury or
daffnage.
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ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work and shall properly coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that rendef it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
.B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lands and Easements, Reports and Tests
Ar OWNER's duties in respect of providing lands and
casements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations
1 00700 -26
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and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
' A. OWNER is obligated to execute Change Orders as 9.02 Visits to Site
indicated in paragraph 10.03.
A. ENGINEER will make visits to the Site at intervals
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8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
appropriate to the various stages of construction as
ENGINEER deems necessary. in order to observe as an
experienced and qualified-design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without-limitation, -during or.-as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not - supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Projerpt Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700- 27
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representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
' other individual or entity will be as provided in the Supple-
mentary Conditions.
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9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
final and binding .(except as. modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER . and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or. Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER br 'CONTRACTOR : xnd will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity_ The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have. under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
1 00700- 28
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or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering: -
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.0l.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in kcordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by .ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the - provisions of the Contract
_ Documents . and applicable Laws and Regulations, but
during any..such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If.notice of any change.affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.13. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.13. Each Claim shall be
accompanied by claimant's written statement that the.adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is.
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a .forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.11, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days afar receipt of the last submittal of
the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 1 I - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the-basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.13.
1 00700 -30
1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Such employees shall
include without limitation superintendents, foremen, and
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on
the Work. Payroll costs shall include, but not be limited
to, salaries and wages plus the cost of fringe benefits,
which shall include social security contributions, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The .expenses .of-performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
,discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
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3. Payments made by CONTRACTOR tc
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facHi-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost, for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.13),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall . include . settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be .included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of 'cost -plus, the. costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost oT the Work shall
not include any of the following items:
1 00700-31
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CQNTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of, job classifications
referred to in paragraph 11.0l.A.1 or specifically
covered by paragraph 11.01 A.4, all of which arc to be
I considered administrative costs covered by the
CONTRACTOR's fee.
' 2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
Idelinquent payments.
4. Costs due to the negligence of CONTRACTOR,
' any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, .. the
correction of defective Work, disposal of materials or
' equipment wrongly supplied, and making good any
damage to property.
1
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.13.
C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost -plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown -
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, arl other expenses contemplated for the allow-
ances have been included in the Contract Price and not
in the allowances, and no demand for additional payment
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the.sum of the unit price for each
separately identified item of .Unit Price Work times the
estimated quantity of each item as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. Each unit price will be deemed to include an amount
considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately
identified item.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
' 00700 -32
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from: the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the parties are unable to agree as
to the amount of any such increase or decrease.
' ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
' A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
' notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.05.
' B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03 );
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph 12.01.C.2); or
3, where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.13.2, on the basis of the Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CON77ZACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
' 1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under paragraphs
11.0l.A.1 and 11.0l.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.0I.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of paragraph
12.0l.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.1 and
11.0l.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under paragraphs 11.01.A.4, 11.0l.A.5,
and 11.01.13;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease.in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease, and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.0l.C.2.a through 12.0l.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will be
extended in an amount equal to the time lost due to such
delay if a Claim is made therefor as provided in paragraph
12.02.A. Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work az� contemplated by
1 00700 -33
1
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections,
tests, or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.0 and 13.03.13 below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.13
shall be paid as provided in said paragraph 13.04.13; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to
be inspected, -tested,. or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates
of inspection or approval.
D. CONTRACTOR shall be responsible for arranging
and obtaining and shall pay all costs in connection with any
inspections, tests, or approvals required for OWNER's and
ENGINEER's acceptance. of materials or equipment to be
incorporated in the Work; or acceptance of materials, mix
designs, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
1 00700 -34
s
1
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of work
of others); and OWNER shall be entitled to an appropriate
decrease in the Contract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If, however, such
Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension,of
the Contract Times (or Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court, or arbitration. or . other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
,.torily correct or.repair or remove:antl replace any damage to
other : Work, to the. work --of- others or other land or areas
.resulting therefrom.. If.CONTRACTOR does not promptly
comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
repaired or may have the rejected Work removed and
replaced, and all Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
casts of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial
Completion of all the Work, the correc,::)n period for that
1 00700 -35
LJ
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of fmal payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
attributable to OWNER's evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such
acceptance occurs prior to ENGINEER's recommendation of
final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other.professionals and all court or
arbitration or other dispute resolution costs) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against CON-
TRACTOR, and a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work; and OWNER shall be entitled to an
appropriate decrease in the Contract Price. If the parties are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
r
1 00700 -36
�I
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice, or other docu-
mentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered
by appropriate property insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications
for Payment.
3. The amount of retainage with respect to pro-
gress payments will be as stipulated in the Agreement.
B. Review of Applications
1. ENGINEER will, within 10 days after receipt of
each Application for Payment, either indicate in writing.
a recommendation of payment and present . the
Application to OWNER or return the Application to
CONTRACTOR indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
Work as an-experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under paragraph 9.08, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents; or (ii) that
there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid
additionally by OWNER or entitle OWNER to withhold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including fmal payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
_ sequences,-or procedures of.construction, or the safety
precautions and programs - incident thereto, or for CON -
TRACTOR's failure to- comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, on to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
1 00700 -37
5. ENGINEER may refuse to recommend the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the representa-
tions to OWNER referred to in paragraph 14.02.13.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent :_ ispections or tests,
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
' defective Work or complete Work in accordance
with paragraph 13.09; or
d. ENGINEER has actual knowledge of •the
occurrence of any of the events enumerated in para-
graph 15.02.A.
' C. Payment Becomes Due
1. Ten days after presentation of the Application
' for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.13) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
1 b. Liens have been filed in connection with�the-
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
' the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
1 a set -off against the amount recommended, or
d. OWNER has actual knowledge of the occur -
rence of any of the events enumerated in paragraphs
' 14.02.B.5.a through 14.02.B.5.c or paragraph
15.02.A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining aftt, deduction of the amount so withheld.
0071
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to
by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfaction the reasons for
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.1.
14.03 CONTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for. Payment,. whether incorporated in the Project
or not, will pass to OWNER no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate . a tentative .list _ of .items to be completed or
corrected before -final -payment:_ OWNER shall have seven
.days .after receipt of the tentative certificate during which to
make written objection- to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tent=tive certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
)0 - 38
t
ties pending final payment between OWNER and
CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
insurance.
14.06 Final Inspection
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such
deficiencies.
14.07 Final Payment
1 00700 -39
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked -up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5:04.13.7; (ii) consent of the
surety, . if any, -to final payment; and (iii) complete end
legally effective releases -or waivers (satisfactory to
OWNER) of all Lien rights-arising out of or Liens filed
in connection with the Work. _
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way-be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in M. CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Application for Payment, indicate in
writing ENGINEER's recommendation of payment and
present the Application for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
' recommendation of ENGINEER, and .without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
1 balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
' paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of Claims.
' 14.09 Waiver of Claims
A. The making and acceptance of final payment will
1 constitute:
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any. portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the
Work on the date so fixed. CONTRACTOR shall be allowed
an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such
suspension if CONTRACTOR makes a Claim therefor as
provided in paragraph 10.05.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
.1. CONTRACTOR's persistent failure to perform
-the -Work in accordance -,,nth the Contract Documents
(including, but -not limited to, failure to supply sufficient
skilled: workers or, suitable materials or .equipment or
failure to adhere to the progress schedule established
under paragraph 2.07 as adjusted from time to time
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER, or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in paragraph
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
00700 -40
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the services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere, and fuiish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration
or other dispute . resolution costs) sustained by OWNER
arising out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to. CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
' 2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more,.than .90 - consecutive days by
OWNER or.,under-an order of court or- other-public-authority,
or ENGINEER fails to. act. on any.Application for Payment
within 30 days after it- is submitted,--or OWNER fails for 30
days to pay CONTRACTOR any sum fmally determined to
be due, then CONTRACTOR may, upon seven days written
notice to OWNER and ENGINEER, and provided OWNER
or ENGINEER do not remedy such suspension or failure
within that time, terminate the Contract and recover from
OWNER payment on the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
NEER has failed to act on an Application for Payment within
30 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise.for expemses.or damage
directly attributable-to :CONTRACTOWs stopping-.the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either May otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
[0-14K0141 Z. I
ARTICLE 17 - MISCELLANEOUS
I17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will 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 the giver of the notice.
' 17.02 Computation of Times
A. When any period of time is referred to in the
' Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
' jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
' A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
' to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
' warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
1 Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
1 17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accordance
' with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
' termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
1 00700 -42
' SECTION 00800
FIRST AMENDED SUPPLEMENTARY CONDITIONS
The following supplements modify, change from or add to the Standard General
Conditions of the Construction Contract, EJCDC Document 1910 -8, 1996 Edition. Where
any Article of the General Conditions is modified or any Paragraph, Subparagraph or
Clause thereof is modified or deleted by these supplements, the unaltered provisions shall
remain in effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to Paragraph 1 .01 .28 entitled "Notice of Award ":
"When requested by OWNER, the Notice of Award may be issued by the
ENGINEER."
1 Add the following sentence to Paragraph 1.01.29 entitled "N otice to Proceed ":
"When requested by OWNER, the Notice to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.01 50:
1.51 ARCHITECT /ENGINEER - The person, firm or corporation named as the
' ENGINEER in the Agreement.
1.52 Provide - As used in the Project Manual, means to furnish and install,
complete and ready for intended use.
1.53 Product - As used in the Project Manual, includes materials, fabrications,
systems and equipment.
1.54 Project Manual - The volume of written construction documents, including the
Bidding Documents, sample forms, and the Contract Documents, such as the
Conditions of the Contract and the Specifications.
1 .55 Retainage - The percentage of the Contract Price, retained by Owner from the
progress payments to the Contractor for Work performed until the Work is
completed. It shall be payable to Contractor in accordance with the Contract
Documents.
ARTICLE 2 - PRELIMINARY MATTERS
1 Add the following to Paragraph 2.01:
"If the Work is to be commenced prior to execution of the Agreement in response
to a letter of intent, CONTRACTOR shall, prior to commencement of the Work,
submit evidence satisfactory to OWNER that such bonds will be furnished."
SUPPLEMENTARY CONDITIONS 09/24 00800 -1
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In the first line of Paragraph 2.02. change the term "...ten..." to read:
"...six(61... .
Delete Paragraph 2.03. and replace with the following:
"The date of commencement of the Work is the date established in a Notice to
Proceed."
Add the following to Paragraph 2.05.:
"D. CONTRACTOR shall perform no portion of the Work at any time without
Contract Documents or, where specified, approved Shop Drawings for such portion
of the Work.
E. By executing the Contract, CONTRACTOR represents that he has visited the
site, familiarized himself with the local conditions under which the Work is to be
performed, and correlated his observations with the requirements of the Contract
Documents."
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING, REUSE
Add the following to Paragraph 3.02.A.:
"3. Sections of Division One - General Requirements govern the execution of all
sections of the Specifications."
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS
In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read:
"...bidding requirements... ".
In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read:
"...bidding requirements... ".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain... ", insert the words:
"...in a company or companies licensed to do business in the State of Florida,... ".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle. ", insert the words:
"..., or arising out of operation of laws and regulations for damages because of
bodily injury or death of any person or for damage to property."
SUPPLEMENTARY CONDITIONS 09/24 00800 -2
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis
including:
i. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
V. Contractual Liability.
vi. Owned, non -owned and hired motor vehicles.
vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a.
Workers' Compensation, etc. under
paragraphs 5.4.1 and 5.4.2:
1.
State
Including employers
liability limits $ 1,000,000
each accident,
$1,000,000 disease
policy limit, $1,000,000
disease each employee
2.
Applicable Federal
Statutory
(e.g. Longshoreman's and /or Maritime)
3.
Employer's Liability
$ 1,000,000.00
b.
Contractor's Liability Insurance under
Article 5.4, which shall also include
completed operations and product
liability coverages and eliminate the
exclusion with respect to property
under the care, custody and control of
custody and control of Contractor:
1.
General Aggregate (Except Products -
$ 1,000,000.00
Completed Operations)
2.
Products - Completed Operations
$ 1,000,000.00
Aggregate
3.
Personal and Advertising Injury (Per
$ 1,000,000.00
Person /Organization)
4.
Each Occurrence (Bodily Injury and
$ 1,)00,000.00
SUPPLEMENTARY CONDITIONS 09/24 00800 -3
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy.
Add the following names:
OWNER - City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ENGINEER - Beiswenger, Hoch and Associates Inc
1190 NE 163`d Street
North Miami Beach, Fl. 33162
10. The additional liability coverage for ENGINEER is not to be construed as to
requiring, in any way, that either OWNER or CONTRACTOR be obligated to
SUPPLEMENTARY CONDITIONS 09/24 00800 -4
Property Damage)
5.
Property Damage liability insurance will
$ 1,000,000.00
provide Explosion, Collapse and
Underground coverages where
applicable.
6.
Professional Liability, Errors &
$ 1,000,000.00
Omissions insurance for architects,
engineers and other consulting
professionals
7..
Excess Liability
General Aggregate
$ 1,000,000.00
Each Occurrence
$ 1,000,000.00
8.
Professional Liability Insurance, as it
S 1,000,000.00
applies
C.
Automobile Liability under paragraph
5.4.6:
1.
Bodily Injury:
Each Person
$ 1,000,000.00
Each Accident
$ 1,000,000.00
Property Damage:
Each Occurrence
$ 1,000,000.00
OR
2.
Bodily Injury and Property Damage
Combined Single Limit:
Each Occurrence
$ 1,000,000.00
Aggregate
$ 1,000,000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy.
Add the following names:
OWNER - City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ENGINEER - Beiswenger, Hoch and Associates Inc
1190 NE 163`d Street
North Miami Beach, Fl. 33162
10. The additional liability coverage for ENGINEER is not to be construed as to
requiring, in any way, that either OWNER or CONTRACTOR be obligated to
SUPPLEMENTARY CONDITIONS 09/24 00800 -4
supply insurance protecting ENGINEER for its liability emanating from
professional errors or omissions.
' 11 In conformance with the requirements of Section 725.06, Florida Statutes,
the specific considerations for CONTRACTOR's promises are:
' a. One dollar (51.00) in hand paid by OWNER, ENGINEER, and ENGINEER's
employees to CONTRACTOR, receipt whereof is hereby acknowledged and
' the adequacy of which CONTRACTOR accepts as completely fulfilling the
obligations of OWNER, ENGINEER, and ENGINEER's employees under the
requirements of Section 725.06, Florida Statutes, and;
' b. The entry of OWNER and CONTRACTOR into the construction contract
because, but for CONTRACTOR's promises as contained in the General
Conditions, OWNER would not have entered into the construction contract
with CONTRACTOR."
Add the following after Paragraph 5.06.E:
"F. The form of policy for this coverage shall be Completed Value.
' G. If, under the provisions of this insurance, there are mandatory deductibles, or if
OWNER elects to increase the mandatory deductibles or purchase this insurance
with voluntary deductible amounts, then OWNER shall be responsible for payment
1 of the full amount of the deductible in the event of a paid claim."
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Add the following after Paragraph 6.05.F:
"G. The use of asbestos or asbestos -based fiber materials is prohibited in this
Project."
Add the following after Paragraph 6.08:
"6.0 8.A. The OWNER will secure and pay for only the following governmental
charges and inspection fees:
6.08.8. CONTRACTOR shall pay for all building permits and charges of utility
owners for connections to the Work, and OWNER will pay charges of such utility
owners for capital costs related thereto such as plant investment fees."
SUPPLEMENTARY CONDITIONS 09/24 00800 -5
a.
b.
special assessments,
capital connection fees,
c.
threshold and special inspection fees,
d.
permanent utility meter installation fees,
e.
permanent utility hook -up fees, and
f.
impact fees.
6.08.8. CONTRACTOR shall pay for all building permits and charges of utility
owners for connections to the Work, and OWNER will pay charges of such utility
owners for capital costs related thereto such as plant investment fees."
SUPPLEMENTARY CONDITIONS 09/24 00800 -5
Add the following after the last sentence in Paragraph 6.10:
In accordance with Article 18 hereto, entitled "Owner provided Material" the
Owner may directly purchase all materials and equipment identified in the Contract
Documents for incorporation into the Project.
Delete the last sentence of Paragraph 6.12. and substitute the following:
' "These shall be available to ENGINEER for examination during construction and
shall be delivered "to ENGINEER for OWNER upon Substantial Completion of the
Work."
At the end of Paragraph 6.13.6, add the following sentences:
"The Occupational Safety and Health Administration excavation safety standards,
29 CFR 1926.650 Subpart P trench safety standards are in effect during the period
of construction of the Project. In compliance with current State of Florida statutes,
the Contractor or subcontractor performing trench excavation work on the Project
shall comply with the applicable trench safety standards."
In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows:
"...(including but not limited to fees and charges of ENGINEER, other engineers,
architects, attorneys and other professionals, particularly including, but not limited
to reasonable ENGINEER's attorney's fees, and court costs)... ".
' ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
Change the first sentence of Paragraph 9.01 A. to read as follows:
"If OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during
the construction period."
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
Add the following:
' "10.06. Without invalidating the agreement, Owner may, at any time execute
appropriate Change Orders for additions and /or deletions in the work of up to 25%
of the total contract amount, without a change in the contract unit prices bid."
iARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Replace 13.03.6. with:
I"All testing shall be paid for by the Contractor."
ISUPPLEMENTARY CONDITIONS 09/24 00800 -6
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Add the following sentence to Paragraph 13.07.A.:
"Specific and special warranties specified in the Contract Documents are in
addition to, and not in lieu of, the contractors general warranty. CONTRACTOR
shall not be relieved of general warranty obligations by the specification of specific
products or procedures."
13.09. In the first sentence of the paragraph OWNER, change the first line from "If
Contractor fails within a reasonable time after written notice of Engineer..." to read:
"If Contractor fails within ten (10) calendar days after written notice of
Engineer..."
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days
before each progress payment is scheduled (but not more often than once a month), ...
to read:
"By no later than the first day of the month, ... ".
Following Paragraph 14.02.A.3 add:
4. An original Partial Release of Lien is required from the General Contractor
along with the application for Payment No. 1 and for each subsequent
application thereafter. For each application for payment (excluding
Application No. 1) the Contractor shall submit with the application Partial
Releases of Liens for all Notice to Owners that have been received for the
project by the Owner and Engineer ".
5. With each Application for Payment, the Contractor shall submit supporting
records and other evidence, in a form and amount acceptable to the City
and the Engineer, to demonstrate the expenses incurred and the Work
performed. This shall include, but not be limited to documentation related
to the purchase of Owner- Provided Material (if applicable) and the reduction
in the Contract Sum as a result of such expenditures.
6. Each application for Payment shall be based on the most recent schedule of
values submitted by Contractor in accordance with the Contract
Documents. The schedule of values shall allocate the entire guaranteed
maximum Contract Price among the various portions of the Work, except
that the Contractor's Fee shall be shown as a separate item. The schedule
of values shall be prepared in such form and supported by such data to
substantiate its accuracy as the Engineer may require. This schedule, unless
objected to by the Engineer, shall be used as a basis for reviewing the
Contractor's A pplications for Payment.
7. Applications for payment shall show the percentage of completion of each
portion of the Work as of the end of the period covered by the Application
for Payment. The percentage of completion shall be the lesser of: (1) the
SUPPLEMENTARY CONDITIONS 09/24 00800 -7
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percentage of that portion of the Work which has actually been completed;
or (2) the percentage obtained by dividing (a) the expense that has actually
been incurred by the Contractor on account of that portion of the Work for
which the Contractor has made or intends to make actual payment prior to
the next Application for Payment by (b) the share of the Contract Price
allocated to that portion of the Work in the schedule of values.
8. Subject to the provisions of the Contract Documents, the amount of
progress payments shall be computed as follows:
a) take that portion of the Contract Price properly allocable to the
computed Work as determined by multiplying the percentage of
completion of each portion of the Work in the schedule of values.
Pending final determination of the costs to the Owner of changes in
the Work, amounts not in dispute shall be included in the Application
for Payment along with Change Order, Work Change Directive or
Written Amendment indicating the parties' agreement with all or
part of such costs for additional Work.
b) add the portion of the Contract Price properly allocable to materials
and equipment delivered and suitably stored at the site for
subsequent incorporation in the Work, or, if approved in advance by
Owner, suitably stored off -site at a location agreed upon in writing.
c) add the Contractor's Fee, less the ten percent (10 %) Retainage. The
Contractor's Fee shall be computed upon the Cost of the Work
described in the preceding clauses at the rate in accordance with
Paragraph 11.01.0 or, if the Contractor's Fee is stated as a fixed
sum, then it shall be an amount that bears the same ratio to that
fixed -sum fee as the Cost of the Work in the two preceding clauses
bears to a reasonable estimate of the probable Cost of Work upon
completion.
d) subtract the aggregate of the previous payments made by the
Owner;
e) subtract the shortfall, if any, indicated by the Contractor in the
supporting records and other evidence as mutually agreed between
the Owner or Engineer and Contractor to demonstrate expenditures
incurred to substantiate prior Applications for Payment, or resulting
from errors subsequently discovered by Owner, or designee;
f) subtract the amounts, if any, for which the Architect has withheld or
nullified Certificate for Payment in accordance with the provisions of
the Contract Documents."
In Paragraph 14.02.6., change the beginning of the sentence: from "Ten days..." to read:
"Forty -five days... ".
In Paragraph 14.02.C.1, insert the following:
2. The Contractor shall promptly pay each subcontractor, upon receipt of payment
from the Owner, out of the amount paid to the Contractor on account of such
Subcontractor's portion of the Work, the amount to which said Subcontractor
SUPPLEMENTARY CONDITIONS 09/24 00800 -8
' is entitled, reflecting percentages actually retained from payments to the
Contractor on account of such Subcontractor's portion of the Work. The
' Contractor shall, by appropriate agreement with each Subcontractor, require
each Subcontractor to make payments to Subsubcontractors, if such
Subsubcontractors are permitted by the Contract Documents, to make
' payments to Subsubcontractors in the same manner.
3. Neither the Owner nor the Engineer shall have an obligation to pay or see to the
payment of money to a Subcontractor, except as provided by law.
' 4. Payment by Contractor to material suppliers shall be treated in the manner as
provided in Paragraph 14.02.C.2.
5. Except with the Owner's prior approval, payments to Subcontractors shall be
' subject to Retainage of not less than ten percent (10 %). The Owner and the
Contractor shall agree upon a mutually acceptable procedure for review and
approval of payments and retention for Subcontractors.
' 6. Upon mutual agreement by Owner and Contractor, payment in full may be
made to those Subcontractors whose Work is fully completed during the early
stages of the Project. Notwithstanding Paragraphs 14.02.A.8 and 14.02.C.5
' above, at such times as the Work as set forth in the schedule of values has
been 50% completed, and upon mutual agreement of the Owner and
Contractor, no further Retainage shall be withheld from progress payments with
' respect to such portion of the Work. Agreement as to any such reduction in
retained amounts will not constitute a waiver of or otherwise prejudice the
Owner's right to subsequently reinstate full retainage, as to that subcontractor,
' should circumstances justify such action in the Owner's s ole judgment.
7. Upon Substantial Completion of the entire Work of the Contractor, a sum,
sufficient to increase payments to the Contractor to one hundred percent
(100 %) of the Contract Sum, less amounts, if any for incomplete Work and
unsettled claims, shall be paid to Contractor with the next sequential payment
application after Substantial Completion is obtained.
' Delete Paragraph 14.05 and replace with the following:
A. The Owner may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate agreement
with the Contractor, provided such occupancy or use is consented by the
' insurer, in accordance with Paragraph 5.06.A.5 and as authorized by public
authorities having jurisdiction over the Work. Such partial occupancy or use
may commence whether or not the portion is substantially complete, provided
' Owner and Contractor have accepted in writing the responsibilities assigned to
each of them for payments, Retainage, if any, security, maintenance, heat,
utilities, damage to Work and insurance, and have agreed in writing concerning
' the period for correction of Work and commencement of warranties required by
the Contract Documents. When the Contractor considers a portion substantially
complete, the Contractor shall prepare and submit a comprehensive list to the
Engineer of the items to be completed or corrected prior to final payment. The
Failure to include an item on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
Consent of the Contractor to partial occupancy or use shall not be
ISUPPLEMENTARY CONDITIONS 09/24 00800 -9
' unreasoanbaly withheld. The stage of the progress of the Work shall be
determined by written agreement between the Owner and the Contractor, or if
no agreement is reached, by decision of the Engineer.
B. Immediately or prior to such partial occupancy or use, the Owner, Contractor,
and Engineer shall jointly inspect the area to be occupied or the portion of the
Work to be used in order to determine and record the condition of the Work.
' C. Unless otherwise agreed upon, partial occupancy or use of a portion or portions
of the Work shall not constitute acceptance of the Work not complying with the
Contract Documents."
After the least sentence in Paragraph 14.04.B, insert the following:
' "C. Once 1) the definitive certificate of completion has been issued to the Owner
and the Contractor and 2) once consent of the surety, if any, has been
obtained, the Owner shall make payment of Retainage applying to such Work or
designated portion thereof. Such payment shall be adjusted for Work that is
incomplete or not in accordance with the requirements of the Contract
Documents."
After the last sentence in the Paragraph 14.04.13, insert the following:
"Final payment, constituting the entire unpaid balance of the Contract Price, shall
be made by the Owner to the Contractor when the Contractor has fully performed
the Contract except for Contractor's responsibility to correct Work as provided in
Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which
extend beyond final payment and after the Engineer sends written notice to Owner
that the Work is acceptable and in accordance with Paragraphs 14.07.B and
14.07.C."
Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following:
"The final Application for Payment shall be accompanied (except as previously
delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or the Owner's
property might be responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise been satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final
payment is currently in effect and will not be canceled or allowed to be expired
until at least 30 days' prior written notice has been given to the Owner, (3) a
written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of the surety, if any, to final payment, and (5) if required
by the Owner, other data establishing payment or satisfaction of obligations, such
as receipts, releases, and waivers of liens, claims, security interests of
encumbrances arising out of the Contract, to the extent and in such form as may
be designated by the Owner, (6) all documentation as required by the Contract
SUPPLEMENTARY CONDITIONS 09/24 00800 -10
' Documents, and (7) acceptance by the Owner and governing agencies. If a
Subcontractor refuses to furnish a release or waiver required by the Owner, the
Owner may require that the Contractor furnish a bond or other collateral
satisfactory to the Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor shall refund to the
' Owner all money that the Owner may be compelled to pay in discharging the lien,
including all reasonable attorneys' fees and costs. The final payment will become
due when the Contractor submits the information above to the Engineer."
' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.6., insert the following after the words ... such
excess...; ":
(including but not limited to fees and charges of ENGINEER, other engineers,
architects, attorneys and other professionals, particularly including, but not limited
to reasonable Engineer's attorney's fees, a nd court costs)... ".
ARTICLE 16 - DISPUTE RESOLUTION
1 Delete this Article in its entirety.
ARTICLE 17 — MISCELLANEOUS
' Add 17.05.6:
"The ven ue for any cause of action shall be Miami -Dade County."
After Article 17 add the following article:
ARTICLE 18 — OWNER- PROVIDED MATERIALS
The Contractor and Owner desire to enter into an arrangement whereby certain purchases
under the Contract may be made by the Owner as a result of Owner's status of being
exempt from sales and use tax.
L
�11
Notwithstanding anything in the Contract to the contrary, the Owner shall directly
purchase all materials and equipment identified in the Contract Documents as
required for incorporation into the Project ( "Owner - Provided Materials"). The
Owner does hereby grant to the Contractor the full authority as an agent of the
Owner to prepare, place and execute Purchase Orders for and in the name of the
Owner for all Owner- Provided Materials. The Contractor as agent of the Owner
shall sign such Purchase Orders.
2. The Owner will be liable for the timely payment for all Owner- Provided Materials.
The Contractor will submit requisitions for orders of Owner - Provided Materials to
the Owner for approval when required. Vendors will render statements ( "OPM
Invoices ") to the Owner for any Owner- Provided Materials purchased. The Owner
SUPPLEMENTARY CONDITIONS 09/24 00800 -11
1
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t
will provide copies of all OPM Invoices to the Contractor upon approval by the
Owner. After reviewing the OPM Invoices, the Contractor will return these OPM
Invoices with proper back up to the Owner for payment. The Owner shall make
payment directly to the respective vendors as provided in the OPM Invoices. The
Owner will send such vendor payments along with Contractor payment to the
Contractor who will, as Owner's agent, distribute such vendor payments to the
respective vendors in return for Releases of Lien. The Owner will provide
Contractor with any tax exemption certificates or other documents required or
useful to provide to the vendors of Owner- Provided Materials to evidence the tax -
exempt status of the Owner.
3. The Contract Price and shall be reduced by the sum of all Costs of the Work paid
by the Owner for Owner- Provided Materials plus any applicable sales and use tax
amounts initially included in the Contract Sum and GMP for such Owner- Provided
Materials.
4. The Contractor shall maintain separate accounting records for all transactions
carried out under the authority of this Agreement. Such records shall be open to
the Owner during normal business hours of the Contractor.
5. The Contractor shall select, obtain approvals, submit samples, price shop drawings,
pursue, receive, inspect, and accept or reject all Owner- Provided Materials
purchased in the manner described herein per the Contract. The Contractor shall
remain responsible for the proper installation of all Owner- Provided Materials and
will continue to warrant its installation of these Owner - Provided Materials as
provided in the Contract. This Agreement will not be an acceptable excuse for
delay to the construction schedule.
6. The authority granted the Contractor hereunder may be revoked by the Owner at
any time upon written notice delivered to the Contractor at its offices
at: , during normal business hours.
7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not
be reduced as a result of any Owner - Provided Materials deduct change orders; i.e.,
the Contractor's Fee shall continue to apply to the total sum of all remaining Costs
of the Work plus the costs of all Owner- Provided Materials and plus the applicable
tax amounts. Likewise, all agreed charging rates based on the Contract Price,
including without limitation for bonds and insurance, shall continue to be charged
based on the total sum of the Contract Price amount plus the costs of all Owner -
Provided Materials and plus the applicable tax amounts."
END OF DOCUMENT
ISUPPLEMENTARY CONDITIONS 09/24 00800 -12
IN WITNESS WHEREOF, the parties hereto have made and executed this First Amended
Supplemental Conditions on the respective dates under each signature: City of Sunny
Isles Beach through its City Commission, signing by and through its Mayor, authorized to
execute same by Commission action on the day of and
CONTRACTOR authorized to execute same.
ATTEST:
Jane Hines, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
Hans Ottinot, City Attorney
ATTEST:
[CORPORATE SEAL]
Address for giving notices
CITY OF SUNNY ISLES BEACH, through its
City Commission
By:
Norman S. Edelcup, Mayor
day of ,2005
By:
Christopher J. Russo, City Manager
day of 2005
By
[CORPORATE SEAL]
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
day of 2005 (CITY SEAL)
SUPPLEMENTARY CONDITIONS 09/24 00800 -13
SECTION 00900
Addendum No. 1
to
Contract documents
CITY OF SUNNY ISLES BEACH
CITY BID No. 05 -10 -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.
All other documents, specifications, drawings, terms and conditions remain the
same.
Bidders must acknowledge receipt of Addendum on Page 00300 -4.
END OF SECTION
07/04 900 -1
DIVISION I
GENERAL SPECIFICATIONS
Definitions:
Whenever the following terms or pronouns in place of them appear in the Contract Documents,
the intent and meaning shall be interpreted as follows:
a. City: Sunny Isles Beach, Florida, the public body, agency, or instrumentality, which is a
party hereto and for which this Contract is to be performed.
' b. Commission or City Commissioners: The present Board of City Commissioners of
Sunny Isles Beach the legal representative of the City, or their successors in office.
'C. City Manager: The administrative agent acting for and on behalf of the City
Commission.
d. Department: The "Florida Department of Transportation Standard Specifications for
Road and Bridge Construction" 2004 edition, which are part of the Contract Documents.
Wherever the term "Department ", "State of Florida Department of Transportation" or
"Director" appears, it shall be understood to mean the "City" or the "Engineer" as
applicable, and as defined herein.
' e. Engineer: The City's Director of Public Works or his authorized representative
Beiswenger, Hoch and Associates, consulting engineers.
' f. Force Account: Basis of Payment for "Extra Work ".
g. Inspector: An authorized representative of the "Engineer" assigned to make all necessary
inspections of the materials furnished by the Contractor and of the work performed by the
Contractor.
' h. Bidder: Any individual, firm, or corporation submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
Contractor: The party of the second part to the Contract. The person, firm, or
corporation, holders of a current Certificate of Competency applicable to the type of work
to be performed, with whom a Contract has been made directly or through accredited
representatives that may have entered into a Contract with the City of Sunny Isles Beach,
(City) Florida, and who is primarily liable for the acceptable performance of the work for
which he has contracted and also for the payment of all legal debts pertaining to the
work.
j. Subcontractor: A person, firm or corporation supplying labor and materials or labor for
work under subcontract at the site of the project.
1 k. Emergency: A temporary unforeseen occurrence or combination of circumstances, which
endangers life or property and calls for immediate action or remedy.
IGeneral Specifications 09/24 Page 1 of 15
n
1. Surety: The corporate bond company or individual which is bound by the Contract Bond
with and for the Contractor, who is primarily liable, and which engages to be responsible
for his acceptable performance of the work of which Contract has been made and for his
payment of all debts pertaining thereto.
m. Plans: The official approved Plans, or exact reproductions thereof, which show the
location, character, dimensions, and details of the work to be done and which are to be
considered as a part of the Contract supplementary to this agreement.
n. Specifications: The directions, provisions, and requirements contained herein or attached
hereto, together with all written agreements made or to be made, setting out or relating to
the method and manner of performing the work or to the quantities and qualities of
materials and labor to be furnished under the Contract.
o. Contract: The Contract shall include the Request for Proposal, Instructions to Bidders,
Plans, General Specifications, Special Provisions, and Contract Bond. F.D.O.T. Standard
Specifications for Road and Bridge Construction shall govern, also any and all
Supplemental Agreements required to complete the construction of the Project in a
substantial and acceptable manner.
1
P. Contract Bond: Also known as the "Contractor's Performance and Payment Bond" or
"Performance Bond ". A Cash Bond, furnished by the Contractor, or a Surety Bond
furnished by the Contractor and his Surety as a guaranty of good faith that he will execute
the work in accordance with the terms of the Contract.
' q. Bid Bond: A Cash Bond furnished by the Contractor or a Surety Bond furnished by the
Contractor and his Surety with the bid as a guaranty of the Bidder's good faith, ability and
readiness to execute the Contract and the Contract Bond.
r. Special Provisions: Specific clauses including the "Instructions to Bidders" and the
' General Covenants and Specifications and Supplemental Agreements, if there be any,
setting forth conditions peculiar to the project under consideration.
IJI
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Cash Bond: A certified check or cashier's check furnished by the Contractor in lieu of a
Surety Bond for either a Bid Bond or a Contract Bond, or a Maintenance Bond covering
the same required amounts and providing the same guarantee as contained in the
respective Surety Bond.
A certified check or cash amount shall be furnished simultaneously with the respective,
completed approved form of Cash Bond provided to the Contractor previously by the
City as part of the Contract Documents. The Contractor may deposit the above -
mentioned check or cash with the Finance Director of the City prior to the Bid opening
date and attach a receipt from. the above County Officer to his bid as evidence of his
compliance with the requirements contained herein.
t. Maintenance Bond: A Cash Bond or approved form of security furnished by the
Contractor or by the Contractor and his Surety as a guaranty of good faith that he will
perform any maintenance or repairs in accordance with the terms of the Contract.
General Specifications 09/24 Page 2 of 15
' U. Material: Materials incorporated in the Project, or used or consumed in the performance
of the work.
'V. Retainage: Amount retained equivalent to 10% of each invoiced to be restituted to the
Contractor within 60 days after acceptance by the City of work. The City will not accept
' Substitution of Securities for Retainage.
2. Plans and Specifications
' The specifications referred to herein shall include General Specifications and Special Provisions
written by the City and attached hereto.
The Plans and Specifications, along with all other documents that make up and constitute the
Contract, shall be followed in strict accordance as to work, material, and dimensions except when
the Engineer may authorize, in writing, an exception.
Dimensions given in figures are to hold preference over scaled measurements from the drawings;
However, the Engineer shall decide upon all discrepancies and the Contractor shall not proceed
when in doubt as to any dimension or measurement.
The Contractor shall be furnished four (4) copies, free of charge, of the Plans and Specifications;
1 two (2) of which shall be preserved and always kept accessible to the Engineer and Contractor's
authorized representatives. Additional copies of the Plans and Specifications may be obtained
from the City at the cost of reproduction.
' 3. Intention:
It is intended that these Contract Documents and the accompanying Plans and Specifications
' which make up and constitute the Contract shall cover all aspects of the work with explicit
provisions, and it is understood that the Contractor has, by personal examination and inquiry if
necessary, satisfied himself as to the local conditions and as to the meaning, requirements and
reservations of the Plans and Specifications; for after the letting, no deviation will be allowed
from the Engineer's interpretation of the Plans and Specifications and the Contract.
' In case errors or omissions are discovered, they are to be corrected or supplied by the Contractor
without extra cost to the City according to the apparent intention of the designing engineer. Work
or materials strictly extra are hereinafter provided for.
' 4. Notice and Service Thereof:
All notices given by the City under the provisions of this Contract shall be in writing and may be
' served in any of the following manners:
a. By delivery of such notice to the Contractor or to any officer of the Contractor if said
Contractor be a corporation, or to any agent or superintendent of the Contractor.
b. By mailing such notice by Certified mail to the address of the Contractor shown on the
' Contractor's Proposal for bid.
5. Datum:
IGeneral Specifications 09/24 Page 3 of 15
All elevations are referred to U.S. Coast and Geodetic Survey Datum, unless otherwise noted on
the Plans.
' 6. Base Lines and Bench Marks:
The Engineer will be the only person in charge of establishing Base Lines and Bench Marks
(BM's). The Contractor shall layout his work from these engineering control points and shall be
responsible for all measurements in connection with the construction, subject to check and
correction by the Engineer. The Contractor shall furnish all labor and material, at his expense,
' necessary to facilitate engineering control of the work.
7. Payment of Test by City:
Except when otherwise specified in the Special Provisions, the expense of all tests requested by
the Engineer will be borne by the City. Procedure for making tests required by the Engineer will
' be in conformance with the Florida Department of Transportation Specifications for the particular
material involved. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for
all retesting shall be deducted from the final payment made to the Contractor.
' 8. Engineer:
The supervision of the execution of this Contract is vested wholly in the Engineer, and the orders
of the City Manager are to be given through him. The instructions of the Engineer are to be
strictly and promptly followed in every case. The Contractor may designate a foreman or other
representative to receive such instructions in his absence, and failing to do so, he will be held
' responsible for the execution of any instructions it may be necessary to give in his absence.
The Engineer is to have free access to the materials and the work at all times for laying out,
measuring, inspecting or directing the same, and the Contractor is to afford him all necessary
facilities and assistance for so doing. The Engineer's stakes, grades or lines are to be preserved
by the Contractor, or reset at the Contractor's expense.
' To prevent all disputes and litigations, it is agreed by the parties hereto that the Engineer shall
decide all questions, difficulties and disputes of whatever nature which may arise relative to the
' interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the
character, quality, amount and value of any work done and materials furnished under or by reason
of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be
final and conclusive upon the parties thereto.
Inspectors shall have no authority to permit deviations from, or to relax any of the provisions
of these General Specifications without the written permission or instruction of the Engineer, or
to delay the Contract by failure to inspect the materials and work with reasonable promptness.
The payment of any compensation, whatever may be its character or form, or the giving of any
gratuity, or the granting of any valuable favor by the Contractor to any Inspector, directly or
indirectly, is strictly prohibited and any such act on the part of the Contractor will constitute a
violation of this Contract.
' The Engineer will appoint such inspectors as are necessary to pass upon the amount, quality and
character of the materials to be supplied or to supervise the execution of the work contemplated
Iunder this Contract. The duties and functions of such officials are purely supervisory and their
1 General Specifications 09/24 Page 4 of 15
11
decisions are to be binding only in the absence of the Engineer, and shall be subject to his review,
when in the judgment of the inspectors the work or materials are not in accordance with the
Specifications, they shall have the power to stop the work, which shall not be resumed until the
Engineer has rendered his decision upon the matter in dispute.
9. Quantities:
The right is reserved to change the Plans and Specifications consistently with the general intention
of the Contract for any part of the work or materials, either before or after constructions has
begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to
be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract.
10. Supervision and Inspection:
The structures herein considered are to be constructed for the City by the Contractor in
accordance with the Specifications and accompanying Plans. The Engineer may give instructions
or directions to supplement the Plans and Specifications. These shall be binding upon the
Contractor and upon all his subcontractors, employees and agents of every kind. The Contractor
shall not retain in connection with the work any employee, agent or subcontractor whose presence
shall be deemed prejudicial to the work. Where words "Directions or', "Approval of', and
similar phrases occur in these Specifications, such directions and approvals are understood to be
functions of the Engineer and his representatives.
The Contractor's procedure and methods of construction may be of his own selection provided
they secure results, which satisfy the requirements of the Plans and Specifications. Permission by
the Engineer to use any particular device or method of construction shall not relieve the
Contractor from full responsibility for any failure, which may arise therefrom.
' All materials and every process and operation of manufacture, construction, and erection shall be
subject to inspection at all times, and the Engineers and their representatives shall have free
access to all parts of the work of construction and erection. Every facility desired for inspecting
' the workmanship and testing the qualities of material shall be furnished by the Contractor, and the
City shall have the right to take suitable samples of all materials for testing or examination.
Except when otherwise specified herein, the City, at the City's expense, shall make all required
' tests. Rejected materials shall be removed promptly from the vicinity of the work; and
workmanship and processes deemed to be faulty should be corrected immediately upon request.
The Contractor shall remove, reconstruct, replace and make good, as may be directed, without
' charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance,
shall not relieve the Contractor from the obligation to make good defects whenever discovered.
If the Engineer requests it, the Contractor shall at any time before final acceptance of the work
' remove or uncover such portions of the finished work as may be directed. After examination, the
Contractor shall restore said portions of the work to the standard required by the Specifications.
Should the work thus exposed or examined prove acceptable, the uncovering or removing and
' replacing of the covering or making good of the parts removed shall be paid for as "Extra
Work ", but should the work so exposed or examined prove unacceptable, the uncovering or
removing and the replacing of the covering or making good of the parts removed shall be at the
' Contractor's expense. No work shall be done, nor materials used, without suitable supervision or
inspection by the Engineer or his representative. Failure to reject any defective work or material
shall not in any way prevent later rejection when such defect is discovered or obligate the City to
final acceptance.
IGeneral Specifications 09/24 Page 5 of 15
All materials, processes and workmanship other than cement, treated lumber and metal work and
its manufacture, will be inspected at the site of the structure. If the Contractor desires that any of
' them be inspected elsewhere, the Engineer will inspect them at the place designated by the
Contractor, but all expenses, including a reasonable per diem to the Engineer, incurred in making
such inspection shall be borne by the Contractor, and shall be paid monthly or shall be deducted
' from the monthly estimates by the City and paid to the City. An Inspection Bureau designated by
the Engineer shall do treated lumber testing at the mills. When the structure is ready for final
inspection, the Contractor shall so notify the Engineer in writing. After defects or omissions noted
' during such final inspection are made good, the work will be accepted and final estimate
rendered.
It is expressly understood that the Contractor is in all respects an independent contractor for this
work, notwithstanding under certain conditions he is bound to follow the directions of the
Engineer, and is in no respect an agent, servant, or employee of the City.
11. Materials and Workmanship:
The Contractor shall provide the services of all workmen, mechanics, tradesmen and other
employees trained and skilled in their various occupations; and all materials except such as may
be specifically excluded in the drawings or specifications; and shall construct completely ready
for its intended purpose, the structure or parts thereof covered by the Contract, and the Plans and
' Specifications. These Plans and Specifications intend to provide for the structure or parts thereon
under consideration to be fully completed and suitable in every feature for the purpose designed,
and the Contractor shall supply all materials and work incidental to, or described or implied as
incidental to, the construction included under this Contract, notwithstanding any omission in the
drawings or specifications. Wherever not explicitly described, materials and workmanship of
every kind shall be first class. The Contractor shall perform his work in proper sequence to the
I work of other Contractors and to acts or operations of the City, and shall properly join his work to
existing or new construction.
12. Contract Security:
The Contractor agrees to execute and deliver simultaneously with the executed Contract, a
Contractor's Performance and Payment Bond on bond forms accepted by the City. The Bond(s),
in the amount of One Hundred Percent (100 %) of the Contract amount may be in the form of a
Surety Bond written through a local surety bond agency, rated as to Management and Strength as
set forth on Section 100, Article 15 and the following Paragraphs:
' On bond amounts of 500,000 or less, the provisions of Section 287.0935, Florida Statutes (2004,
as amended) shall be in effect and surety companies not otherwise qualifying with this paragraph
may optionally qualify by:
1. Providing evidence that the surety has twice the minimum surplus and capital required by
the Florida Insurance Code at the time the invitation to bid is issued,
2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code,
and
3. Providing a copy of the currently valid Certificate of Authority issued by the United
States Department of the Treasury under ss. 31 U.S.C. 9304 -9308.
IGeneral Specifications 09/24 Page 6 of 15
' 13. Plant and Program of Construction:
The Contractor shall supply all plant, tools, and equipment of every kind, ample in quantity and
capacity, in good working order and suitable in character to carry on the work of his Contract
' according to the approved program.
Precaution shall be exercised at all times for the protection of persons and property. The safety
' provisions of the Occupational Safety and Health Act of 1970 (Public Law 91 -596) and other
applicable laws, building and construction codes shall be observed. Machinery, equipment and
other hazards shall be guarded in accordance with the safety provisions of the "Manual of
' Accident Prevention in Construction ", published by the Associated General Contractors of
America, to the extent that such provisions are not in contravention of applicable law.
General Specifications 09/24 Page 7 of 15
b. Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury
entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount
'
shall not exceed the underwriting limitations as shown in this circular.
c. The attorney -in -fact or other officer who signs a Contract Bond for a surety company must file
'
with such bond a certified copy of his power of attorney authorizing him to do so. The surety's
resident Florida Agent must countersign the Contract bond.
The Contractor may in lieu of a surety bond, submit a cash bond, conditioned upon the faithful
performance of the work in strict accordance with this Contract and with the Plans and
Specifications and the completion of the same free from all liens and within the time limit herein
specified. The said Bond shall be so worded as to make the Contract a part thereof and shall
contain a clause providing the right of suit or action for whose benefit said bond shall be executed
as disclosed by the text of said Bond and Contract to the same extent as if he or they were the
obligee or obligee therein specifically mentioned, and all such persons shall be held or deemed to
be obligee thereof.
Section 255.05, Florida Statutes, as amended, provide for the following conditions to be made in
all Performance and Payment Bonds relating to public projects.
"A claimant, except a laborer, who is not in privity with the Principal and who has not received
for his labor, materials, or supplies shall, within forty -five (45) days after beginning to
payment
furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a
notice that he intends to look to the bond for protection.
A claimant who is not in privity with the Principal and who has not received payment for his
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 Principal and to the Surety written
notice of the performance of the labor or delivery of the materials or supplies and of the non-
payment.
'
A no action for the labor, materials, or supplies may be instituted against the Principal or the
Surety unless both notices have been given. No action shall be instituted against the Principal or
the Surety on the bond after one (1) year from the performance of the labor or completion of
delivery of the materials or supplies ".
' 13. Plant and Program of Construction:
The Contractor shall supply all plant, tools, and equipment of every kind, ample in quantity and
capacity, in good working order and suitable in character to carry on the work of his Contract
' according to the approved program.
Precaution shall be exercised at all times for the protection of persons and property. The safety
' provisions of the Occupational Safety and Health Act of 1970 (Public Law 91 -596) and other
applicable laws, building and construction codes shall be observed. Machinery, equipment and
other hazards shall be guarded in accordance with the safety provisions of the "Manual of
' Accident Prevention in Construction ", published by the Associated General Contractors of
America, to the extent that such provisions are not in contravention of applicable law.
General Specifications 09/24 Page 7 of 15
' 14. Force Account Work:
All extra work done on a "Force Account" basis shall be performed by such labor, tools and
' equipment as may be specified by the Engineer and will be paid for in the following manner:
a. For all labor and foremen in direct charge of the specified operations, the Contractor shall
receive the current local rate of wages for each and every hour that said labor and
foremen are actually engaged in such work, to which shall be added an amount equal to
twenty five percent (25 %) of the sum thereof which shall be considered as full
' compensation for general supervision and the furnishing and repairing of small tools and
ordinary equipment used on the Contract, such as picks, hand shovels, plows, scrapers,
road graders, etc.
b. For all materials used, the Contractor shall receive the actual cost of such materials,
delivered at the site, as shown by original receipted bills, but no percentage shall be
' allowed on it. The City retains the right to audit all work performed on a force account
basis for a period of one (1) year after acceptance of the work by the City.
C. For any special equipment or machinery, such as power driven rollers, tractors, trucks,
shovels, drills, concrete mixers, pumps and hoists, required for the economical
performance of the work, the Engineer shall allow the Contractor a reasonable rental
price for each and every hour that said special equipment is in use on the work, to which
sum no percentage shall be added.
The Compensation, as herein provided, shall be received by the Contractor as payment in full for
extra work done on a "Force Account" basis.
The Contractor's representative and the Inspector shall prepare records of extra work done on a
' "Force Account" basis at the end of each day. Copies of these records shall be made in duplicate
upon forms provided for this purpose by the Inspector and signed by both the Inspector and the
Contractor's representative; one copy being forwarded, respectively, to the Engineer or his
authorized representative and to the Contractor.
All claims for extra work done on a "Force Account" basis shall be submitted, as hereinbefore
provided, by the Contractor upon certified statement, to which shall be attached original receipted
bills covering the cost of and the freight charges, and hauling on all materials used in such work,
and said statements shall be submitted to the Engineer on the current estimate of the month in
' which the work was actually done.
15. Hurricane or Disaster Services:
' The Contractor, by accepting the award of this Contract, recognizes and agrees that should a
hurricane or other severe and catastrophic natural disaster affect the Miami Dade County area
during the performance of the work, the Contractor shall provide services contracted for, during
the Contract period, at the unit prices bid to the City, at the same or different locations from those
covered by this contract. For emergency services and conditions not addressed by this Contract,
the Contractor agrees to negotiate reasonable prices and terms with the City for any disaster relief
work required by the City. In all instances, the Contractor agrees to negotiate reasonable time
extensions for performance of disaster relief work.
IGeneral Specifications 09/24 Page 8 of 15
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16. Legal Restrictions, Permits and Traffic Provisions:
The Contractor shall procure, at his own expense, all necessary licenses and permits and shall
give due and adequate notices to those in control of all properties, which may be affected by his
operations. The Contractor shall conform to all applicable laws, regulations, or ordinances with
regard to labor employed, hours of work and his general operations.
The Contractor shall so conduct his operations that he shall not close any thoroughfare nor
interfere in any way with traffic on railway, highways, or on water, without the written consent of
the proper authorities.
17. Royalties on Patents
All fees or royalties for any patented articles or operations of construction used in this structure or
any part thereof of any materials, tools, implements, machinery, fixtures or anything used by the
Contractor, shall as indicated in Section 700, paragraph 6.07.
18. Liabilities, Damages and Accidents:
The Contractor shall indemnify and hold harmless the City and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs
of defense, which the City or its officers, employees, agents, construction supervision
representatives or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the Agreement by the Contractor or its employees, agents, servants, partners,
principals or subcontractors.
The Contractor shall pay all claims and losses in connection therewith, and shall investigate and
' defend all claims, suits or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon.
The Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
' The Contractor shall store materials and shall be responsible for and shall maintain partly or
wholly finished work during the continuance of the Contract and until the final acceptance of the
structure. If any materials or part of the work were lost, damaged, or destroyed by any cause or
means whatsoever, the Contractor shall satisfactorily repair and replace the same at his own cost.
' The Contractor shall maintain suitable and sufficient guards and barriers, and at night, suitable
and sufficient light for the prevention of accidents.
19. Assignment of Contract:
Neither the Contract, nor any part thereof, nor any monies due or to become due thereunder, may
be assigned by the Contractor without the prior written approval of the City.
IGeneral Specifications 09/24 Page 9 of 15
1 20. Insurance:
Prior to execution of the Contract by the City and commencement of work, the Contractor must
obtain all insurance required under this paragraph and submit it to the City for approval. All
insurance shall be maintained until work has been completed and accepted by the City.
The Contractor shall furnish to the City of Sunny Isles Beach:
1. Original Certificate(s) of Insurance which clearly indicate that he has obtained the
insurance coverage required in paragraphs a, b, c and d.
2. Original Policies, which indicate the coverage required in paragraphs a and f.
Both certificates and policies will all indicate no modification or change in insurance shall be
made without thirty (30) days written advance notice to the City of Sunny Isles Beach, c/o the
' City Manager.
a. Worker's Compensation Insurance as required by Chapter 440, Florida Statutes.
' b. Public Liability Insurance on a Comprehensive basis, in an amount not less than $
1,000,000.00 per occurrence for Bodily Injury and Property Damage combined.
'C. Contractual Liability Insurance - covering all liability arising out of the terms of the
Contract Documents.
' d. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used
in connection with the work, in an amount not less than $500,000 per occurrence for
Bodily Injury and Property Damage combined.
e. Owner's Protective Liability Insurance - issued in the name of the City as sole insured, in
amounts as indicated in (b) above. This policy must be endorsed to indicate that any
premium, whether deposit or final, will be the sole obligation of the Contractor.
E When so required in the Special Provisions, the Contractor shall obtain Completed Value
Builders' Risk Insurance - on an "All Risk" basis in an amount not less than one hundred
(100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of the Board of City Commissioners, and the Contractor, as their interests
may appear.
The Public Liability Insurance coverage as required in paragraph (b) above shall include those
classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the
operations of the Contractor in the performance of this Contract.
All insurance policies required above shall be issued in companies authorized to do business
' under the laws of the State of Florida, with the following qualifications as to management and
financial strength:
' The company must be rated no less than "B" as to management and no less than Class "V" as to
financial strength, by the latest (1986 or later) edition of Best's Insurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City
' Risk Management Division.
General Specifications 09/24 Page 10 of 15
Note: See Special Provisions for any modifications to these insurance requirements.
' 21. Annulment of Contract
If the Contractor fails to begin the work under Contract within the time specified, or fails to
' perform the work with sufficient workmen and equipment or with sufficient materials to insure
the prompt completion of said work, or shall perform the work unsuitably or cause it to be
rejected as defective and unsuitable, or shall discontinue the prosecution of the work, or if the
' Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or
insolvency, or allow any final judgment to stand against him unsatisfied for a period of 48 hours,
or shall make an assignment for the benefit of creditors or from any other cause whatsoever shall
not carry on the work in an acceptable manner, the Engineer may give notice in writing to the
Contractor and his Surety of such delay, neglect or default, specifying the same.
' If the Contractor, within a period of ten (10) days after such notice, shall not proceed in
accordance therewith, then the party of the first part shall, upon written certificate from the
Engineer of the fact of such delay, neglect or default, and the Contractor's failure to comply with
' such notice, have full power and authority, without violating the Contract, to take the prosecution
of the work out of the hands of said Contractor, to appropriate or use any or all materials and
equipment on the ground as may be suitable and acceptable, and may enter into an agreement for
the completion of said Contract according to the terms and provisions thereof, or use such other
' methods as in his opinion shall be required for completion of said contract in an acceptable
manner.
' All costs and charges incurred by the City, together with the cost of completing the work under
Contract, shall be deducted from any monies due or which may become due said Contractor. In
case the expense so incurred by the City shall be less than the sum which would have been
' payable under the Contract, if it had been completed by said Contractor, then the said Contractor
shall be entitled to receive the difference. In case such expense shall exceed the sum which would
have been payable under the Contract, then the Contractor and the Surety shall be liable, and shall
' pay to the party of the first part the amount of said excess. If a Cash Bond was furnished in lieu of
a Surety Bond, the Contractor shall be solely liable and all reference herein to joint liability
between the Contractor and the Surety shall be deleted and all expenses incurred by the City
under the conditions stipulated in this Article shall be recovered from the Contractor by enforcing
the provisions of the Cash Bond.
' 22. Notice to Proceed:
For Contracts wherein a specified number of days for completion is stated in the Bid Form, the
effective date of the "Notice to Proceed with Contract Work" will be established during the
' Pre - Construction Conference which is held shortly after the Award of Contract and which is
attended by members of the Public Works Department, the Contractor, representatives of utility
companies, and others affected by the work. The effective date shall be set as a date not later than
' ten (10) calendar days after the date of execution of the Contract Documents, unless a later date
acceptable to both parties is agreed upon.
' 23. Commencement, Delays and Completion of Work:
After complete and final execution of the Contract, and after reconciliation of any details or
conditions, which may directly or indirectly interfere or conflict with work of the Contract, the
General Specifications 09/24 Page 11 of 15
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' Engineer will issue a Notice to Proceed with Contract Work" to the Contractor. The effective
date on which work of the Contract is officially authorized to commence will be established and
' stated in said Notice and the Contractor shall commence work on said date.
If the Contractor should be delayed in the progress of the work included in the Contract by
unforeseeable causes beyond his control, the City Manager may extend the time for completion of
' the work upon recommendation of the Engineer and approval.
Requests for extension of time must be submitted in writing to the Engineer within ten (10) days
' from the beginning of such delay. Extensions of time cannot legally be approved unless the
written request is submitted in time to permit it to be acted upon before the Contract expiration
date. To allow sufficient time for administrative procedures required to obtain action by the City
Manager, the Engineer must receive a request for time extension at least sixty (60) calendar days
prior to Contract expiration date.
Liquidated damages resulting from factors beyond the control of the Contractor, which occur too
late to allow the City Manager may waive time for action by the City Manager approving a time
extension. Such waiver shall be granted only when the Engineer determines that the delay is
' beyond the control of the Contractor, and in this event the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in the completion of the work is due:
a. To any order duly issued by the City changing the Contractor's approved work schedule;
' b. To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of
' the City, acts of another Contractor in the performance of a Contract with the City, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather;
and
'C. To any delays of subcontractors or suppliers occasioned by any of the cause specified in
subparagraphs (a) and (b) above.
Provided further that the Contractor shall, within ten (10) days from the beginning of such delay,
notify the Engineer, in writing, of the causes of the delay, the Engineer shall ascertain the facts
and extent of the delay and notify the Contractor within a reasonable time of his decision in the
matter. The Contractor shall assume all risks resulting from delays except that should the City,
by act or omission, cause delays which result in actual loss to the Contractor, reimbursement
thereof will be adjusted and allowed by the City only after being notified in writing by the
Contractor at the time of the delay and after being given an opportunity to verify such money
losses as they occur.
' No payment or adjustment will be allowed the Contractor as reimbursement for any other delays
whatsoever, regardless of by what or by whom caused, even though by other Contractors on the
same work, or by times, seasons, or weather; other than amounts provided in the Contract for
payment which shall be understood to include and cover all risks due to delays except as stated in
the foregoing.
' If the Contractor fails to complete the work within the time limit, and if the City should
nevertheless permit the Contractor to continue and complete the same without official extension
of time in writing, such permission shall not modify nor waive any liability of the Contractor for
IGeneral Specifications 09/24 Page 12 of 15
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damages arising from non - completion of work within the time limit, but all such liabilities shall
be subject to continuation in full force against the Contractor.
24. Materials and Supplies:
It is understood and agreed by and between the parties hereto that the materials to be used in any
work performed under this Contract and specifications, with the exception of structural metal
work, machinery and treated lumber, shall be purchased to the extent possible from or through
merchants located within the City of Sunny Isles Beach, Florida.
25. "Or Equal" Clause:
Whenever a material, article or piece of equipment is identified on the Plans or in the
Specifications by reference to manufacturers or vendors names, trade names, catalog numbers, or
otherwise, it is intended merely to establish a standard; and, any material, article, or equipment of
1 other manufacturers and vendors which will perform or serve the requirements of the general
design will be considered equally acceptable provided the material, article, or equipment so
proposed, is, in the opinion of the Engineer, equal in substance, quality and function. It shall not
' be purchased or installed by the Contractor without the Engineer's prior written approval.
26. Plans and Working Drawings:
' Certain plans supplied by the City accompany and supplement these Contract Documents. The
City through its Engineer shall have the right to modify the details of these plans, to supplement
these plans with additional plans or with additional information as the work proceeds, all of
' which shall be considered as plans accompanying these Specifications herein generally referred to
as the "Plans ". In case of disagreement between the Plans and Specifications, the Specifications
shall govern.
The Contractor shall prepare whatever detailed working drawings are necessary to enable him to
fabricate, erect and construct all parts of the work in conformity with the Plans and Specifications.
Working drawings shall include shop drawings and erection diagrams for structural steel.
Working drawings shall be submitted to the Engineer in quintuplicate; two sets will be returned to
the Contractor approved or showing the changes or corrections required; if changes or corrections
are required, five copies shall be resubmitted until they are approved.
The Contractor shall report any errors or discrepancies found in the drawings to the Engineer,
who will make or approve necessary corrections. The City shall not be responsible for errors or
' minor discrepancies of the Contractor's drawings, even though approved, or for minor errors or
minor discrepancies of the Engineer's drawings.
1 Payment for working drawings, revisions thereof, and for copies furnished, shall be included in
the amounts bid for materials or Work. The Contractor shall furnish as many sets of paper
blueprint copies for working drawings as the City and the Engineer may need for the Work. The
Contractor should allow a minimum of fourteen (14) calendar days for the City's approval of shop
drawings.
' 27. Explosives:
No explosives or blasting shall be used or done in the project.
' General Specifications 09/24 Page 13 of 15
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Subcontractors:
The Contractor is as fully responsible to the City for the acts and omissions of his subcontractors
and of persons either directly or indirectly employed by said subcontractor, as he is for the acts
and omissions of persons directly employed by him. Nothing contained in the Contract
Documents shall create any contractual relations between any subcontractor and the City.
Final Cleaning -Up
Upon completion of the work specified herein and before acceptance and final payment shall be
made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded
materials and temporary structures. All disposal of materials, rubbish and debris shall be made at
a legal disposal site or by other prior approved manner. Material cleared from the site and
deposited on adjacent or nearby property will not be considered as having been disposed of
satisfactorily.
Non - Discrimination in Employment:
In accordance with this Proposal, the Contractor agrees to make no discrimination because of
race, color, creed or national origin with respect to employment or personnel on this project, and
that all persons having the experience and skill necessary to perform the Work shall be afforded
equal opportunity of employment for the Work to be performed at the site of this Project.
Conflict of Interest Ordinance:
The Contractor agrees to abide and be governed by Miami -Dade County Ordinance No. 72 -82
(Conflict of Interest Ordinance), as amended, and the provisions of chapter 330 of the code of the
City of Sunny Isles Beach, which is incorporated herein by reference as if fully set forth herein, in
connection with its Contract obligations hereunder.
Independent Private - Sector Inspector General ( IPSIG):
The City shall have the right but not the obligation to retain the services of an independent
private- sector inspector general ( IPSIG) who may be engaged to audit, investigate, monitor,
oversee, inspect and review the operations, activities and performance of the Contractor and City
in connection with this Contract. The scope of services performed by an IPSIG may include, but
are not limited to, monitoring and investigating compliance with Contract Specifications; project
costs; and investigating and preventing corruption and fraud.
The IPSIG may perform its services at all levels of the contracting and procurement process
including but not limited to project design, establishment of bid specifications, bid submittals,
activities of the Contractor, its officers, agents and employees, lobbyists, city staff and elected
officials.
Upon (10) ten days written notice to the Contractor from an IPSIG, the Contractor shall make all
requested records and documents available to the IPSIG for inspection and copying. The IPSIG
shall have the right to examine all documents and records in the Contractor's possession, custody
or control which in the IPSIG's sole judgment pertain to performance of the Contract, including
but not limited to original estimate files, bid and change order estimates, worksheets, proposals
and agreements from and with successful and unsuccessful subcontractors and suppliers, all
project - related correspondence, memoranda, instructions, financial documents, construction
General Specifications 09/24 Page 14 of 15
documents, bid and contract documents, back - charge documents, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the aforesaid
documents and records.
The provisions in this paragraph shall apply to the Contractor, its officers, agents and employees.
The Contractor shall incorporate the provisions in this paragraph in all subcontracts and all other
agreements executed by Contractor in connection with the performance of the Contract.
j Nothing in this Contract shall impair any independent right of the City to conduct audit or
investigative activities. The provisions of this paragraph are neither intended nor shall the
Contractor or third parties construe them to impose any liability on the City.
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General Specifications 09/24 Page 15 of 15
. DIVISION II
SPECIAL PROVISIONS
1. General:
The applicable portions of the 2004 Edition of the FLORIDA DEPARTMENT OF
TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION and its supplements as amended by the General Specifications and the following
Special Provisions, and the, the applicable portions of the SOUTH FLORIDA BUILDING CODE and
the PUBLIC WORKS MANUAL OF MIAMI -DADE COUNTY, shall apply to this project. All are
hereby made a part of this Contract.
Unless otherwise noted, all page references in the Special Provisions refer to the FLORIDA
DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION, 2004 edition.
2. Location of Work:
The location where the work is to be performed shall be in the City of SunnyIisles Beach, Central
Island neighborhood, between Collins Avenue (SR A 1 A) and the Intracoastal Waterway and NE
170 Street and NE 183`a Street. The exact location and limits of construction are shown in the Plans
accompanying these Contract Documents.
3. Scope of Work:
The project consists of construction of the storm sewer system throughout the Central Island
neighborhood as indicated on the construction plans; sub - surface drainage; exfiltration wells (deep
wells), pavement milling and resurfacing; pavement overbuilt and resurfacing; street widening,
1 pavement markings and signing; tree relocation and miscellaneous tasks to complete the work.
4. Plans:
jThe plans accompanying these Contract Documents are entitled: "CENTRAL ISLAND DRAINAGE
AND STREET IMPROVEMENTS" prepared for, THE CITY OF SUNNY ISLES BEACH,
September, 2005
5. Limitation of Operations:
Section 8-4.1 - Night Work: Add the following to this sub article:
No work shall be done at all on Saturday, Sunday and designated holidays or any day between the
hours of 5:00 p.m. and 8:00 a.m., except such work as is necessary for the proper care and protection
of the work already performed, or, except that permission to do such work may be secured from the
Engineer.
1 6. Proiect Sign:
The Contractor shall construct three (3) "PROJECT SIGNS" (4' x 8' in size) in accordance with a
sketch to be provided by the City. The signs shall be constructed of 1/2 -inch Marine Plywood,
framed, with supports to be anchored to the ground, newly painted and lettered according to the
' sketch.
Special Provisions 09/24 Page 1 of 16
The signs shall be painted and lettered in accordance with professional outdoor sign painting
standards as to layout, symmetry, proportion, clarity, neatness and use of weather- resistant colors and
materials.
1 The Contractor shall place the signs, securely braced and mounted, as directed by the Engineer. All
materials shall be provided by the Contractor and the signs shall remain the property of the
Contractor at the completion of the Contract: No work shall commence until the Project Signs are
secured in Place. Project signs will be paid under Item No. 102 -61.
7. Permits and Licenses:
Section 7 -2.1 - General: This sub - article is amended to include the following:
Permits which are issued by the City of Sunny Isles Beach, and Dade County Department of
Environmental Resource Management for construction within the public right -of -way, as well as
additional permits, which may be required by other agencies, including those required for tree
removal, will be the responsibility of the Contractor.
' The Contractor is encouraged to read cautiously the specific conditions of the permits in order to
comply fully with their requirements. Any expenditure caused by these specific conditions and not
1 covered in the Bid Form shall be included in the Bid Price of this project.
Additional permits, which may be required by other municipalities, F.D.O.T. or agencies, including
those requiring pollution control appurtenances, tree removal and/or tree relocation, water lines,
iamong others will be the responsibility of the Contractor. The actual amount paid for the permits will
be reimbursed to the Contractor out of the Contingency Allowance. Original receipts must be
presented to the Engineer.
8. Field Office:
The Contractor will provide at his expense, an air conditioned field office for the use of the Engineer,
of not less that three hundred (300) square feet area. The office shall have a lockable door with two
(2) keys furnished to the Engineer and a least two (2) operable windows of a minimum total area of
1 twelve (12) square feet. The office shall be equipped with electric lighting and at least four (4) dual
110 volt receptacles. New furnishing to be supplied by the Contractor shall include: Two (2) desks
with two (2) chairs each, One (1) lockable steel vertical filing cabinet (4 drawer -legal size), One (1)
table having a surface area of 3 X 5 feet, with six (6) chairs; a metal locker (anchored to the floor) of
a size suitable for storing field testing and surveying equipment. A telephone shall also be provided
for the convenience of the Engineer. Cost of electricity and telephone services shall be the
responsibility of the contractor during the entire construction period.
' This office and its equipment, in particular the telephone, shall not be used by the Contractor.
No work shall commence until the Field Office is completely set up and the electricity, telephone and
air conditioning (or heat) are functioning, unless authorized by the Engineer.
1 9. Site Investigation:
Section 2 -4 - EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND
ISITE OF WORK: This article is expanded to include the following:
The Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors
have satisfied themselves as to the nature and location of the work, the general and local conditions
Special Provisions 09/24 Page 2 of 16
including, but not restricted to those bearing upon transportation and traffic maintenance; disposal,
handling and storage of materials; access roads to the site; the conformation and conditions of the
I work area; and the character of equipment and facilities needed preliminary to and during the
performance of the work.
Failure on the part of the Contractor to completely or properly evaluate any factors of costs prior to
bidding shall not form a basis for additional compensation if he is awarded the Contract.
10. Performance of Work:
Section 5 -8.2 - CONTRACTOR'S SUPERINTENDENT: This sub article is expanded to include the
following:
The Contractor will furnish a qualified superintendent who will be present at all times during the
course of the work, and shall be authorized to act for the Contractor. The Contractor shall keep on the
job sufficient personnel, and equipment to meet the requirements of the work.
The plant and equipment shall be kept in a satisfactory operating condition and capable of safely and
1 efficiently performing the work as set forth in the Plans and Specifications. The equipment and all
operations shall be subject to inspection by the Engineer at all times. The Contractor shall submit for
approval by the Engineer a description of the type of materials and equipment to be used; and the
method of procedure to be used in the performance of the work.
11. Restoration of Property:
Section 7 -11.1- PRESERVATION OF PROPERTY: This sub article is expanded to include:
Property public or private if damaged during construction or removed for the convenience of the
work, shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the
Engineer, prior to the final acceptance of the work. Such facilities shall include, but are not limited
1 to: signalization equipment and miscellaneous hardware removed from the construction site,
driveways, walls, fences, footings or underground utilities. This section also includes the reposition
of damage to streets beyond the normal trench excavation, pavement milling and utility relocation
(when applicable). Reposition of pavement at trench excavation shall be included in storm sewer
construction unit price.
Note: All street name signs and mail boxes shall remain in place during the period of construction
' except those that are required to be relocated due to interference with the actual construction. All
signs or mail boxes that are relocated or damaged by the Contractor during the course of the work
shall be re- installed or replaced at the proper location, as soon as possible at the Contractor's cost.
Prior to the removal of any traffic control signs that interfere with the construction, the Contractor
shall provide temporary signing or other provisions to assure a continuous flow of traffic under at
1 least the same conditions as previously existed. All signs that are found to be unserviceable shall be
reported to the City of Sunny Isles Beach Director of Public Works.
12. Utilities:
Section 7 -11.6 UTILITIES: This sub - article is expanded to include:
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Special Provisions 09/24 Page 3 of 16
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The Contractor shall make all necessary arrangements with the utility companies concerned for
maintenance of their lines during the construction period. In the event that a complete relocation of
utilities is required, but has not been accomplished prior to the effective date of the "Notice to
Proceed ", the Contractor, nevertheless shall commence work under this Contract, and shall schedule
his work to avoid interference with the utility relocation work.
The City of Sunny Isles Beach will not be liable for any delay or added expense the Contractor
experiences due to the activities of utility companies, nor shall the City be held responsible for any
damages to any utilities due to any actions by the Contractor.
Note: The Contractor shall contact the Underground Utilities Notification Center (1- 800 - 432 -4770)
and the Underground Notification for Florida Power and Light Company (789 -2020) at least forty-
eight (48) hours prior to commencing any trenching or excavation on this Project. These telephone
numbers are for reference only, it is the contractor's responsibility to verify them and make the
necessary contacts with the utility companies prior to commencing his work
Community Small Business Enterprises (CSBE)
A two percent (2.0 %) Community Small Business Enterprises (CSBE) Subcontractor Goal has been
established for this project. Compliance with this CSBE percentage is required for all contractors
submitting a bid for this project. See "Supplemental General Conditions" which are bound herein and
are made part of the Specifications and Contract Documents. In order to allow time for the CSBE
Subcontractor participation presentation and the review of said presentation, no Contractor may
withdraw his bid for a period of up to three hundred (300) calendar days after the bid opening.
Disregard anything to the contrary within these Contract Documents.
Pre -Bid Conference:
A Mandatory Pre -Bid Conference will be held as follows:
TIME: 10:00 a.m.
DATE: Wednesday, October 26, 2005
PLACE: 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Telephone (305) 947 -0606
The Pre -Bid conference is being held primarily to answer any questions regarding this Project and is
Mandatory to attend. Bidders that chose not to attend this Mandatory Pre -Bid Conference will be
automatically disqualified.
Pre - Construction Conference:
Section 8 -3.5 — PRE- CONSTRUCTION CONFERENCE: This Sub article is expanded to include:
After the Award of Contract and prior to the issuance of the "Notice to Proceed ", a Pre - Construction
Conference will be held with the Contractor, members of the City's Public Works Department and
other Agencies, representatives of Utility Companies, and other contractors affected by the work. The
time and place of this conference will be set by City Manager.
Special Provisions 09/24
Page 4 of 16
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At the Pre - Construction Conference, the Contractor must provide: Two copies of a detailed
construction schedule program showing the proposed starting and completion dates for each work
phase or bid item. The work classification should be sub - divided to the extent necessary to provide
Iadequate detail and shall also include such items as mobilization, field office setup, shop drawing
review, and equipment and materials delivery, etc.
1 16. Award of Contract and Time for Completion:
The Contract Award shall be to the qualified bidder submitting the lowest bid, whose proposal
complies with all the requirements necessary to render it formal.
All work under the terms of this Contract shall be completed within THREE HUNDRED SIXTY
FIVE (365) calendar days from the effective date of the Notice to Proceed.
17. Test Results:
The City assumes no responsibility for the accuracy of the test results as shown in the Plans and
Specifications. They are included only as a general indication of the materials likely to be found
adjacent to the holes bored at the site of the proposed Work. The Contractor shall examine this date
and make his own interpretation of the subsoil investigation and other preliminary data, and he shall
base his bid on his opinion of the conditions likely to be encountered.
The bidder's submission of his proposal shall be considered "prima facie" evidence that he has made
his examination as described in Section 2, Article 4 of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction.
1 18. As -Built Drawings:
Three (3) sets of complete "As -Built Drawings" giving information relative to location and depth of
pipes, manholes, etc., shall be accurately recorded by the Contractor and submitted to the engineer
prior to final acceptance of the work. All elevations shall be taken by a Florida Registered Surveyor
and shown on the record drawings.
19. Maintenance of Traffic (Section 102)
Section 102 -1.1 - DESCRIPTION: This sub article is amended to include:
And the applicable portions of the Metropolitan Miami Dade County Public Works Manual, Part 1,
1 Standard Details, as pertain to the maintenance of traffic, are part of these Contract Documents.
Traffic control notes and details pertaining to the Maintenance of Traffic (Traffic Control) are
included in the Plans for this Project.
No work shall commence on this Project or any portion thereof without implementation of the
Maintenance of Traffic Plan. Excavated or other material stored adjacent to, or partially upon a
roadway pavement, shall be adequately marked for traffic safety at all times.
The Contractor shall provide the necessary access to all adjacent property during construction.
Special attention is called to the provisions contained in sub - article 102 -5.5, "Access for Residences
and Business ".
The Contractor shall also provide access at all times to South Florida Water Management District
Special Provisions 09/24 Page 5 of 16
(SFWMD) areas, during all phases of construction.
Special attention shall be given for safely directing the flow of pedestrian and vehicular traffic. At the
1 discretion of the Engineer, the City may require the Contractor to call for and hire off -duty police
officers for directing the traffic and maintaining safety if in any way his operations will curtail the use
of the streets, roads and work areas specified herein.
For bidding purposes, the Lump Sum (LS/DA) item 102 -1, Maintenance of Traffic as indicated in the
Bid Form of the Proposal, shall be for the provisions and Maintenance of Traffic Devises during the
entire length of the project. All devises needed for maintenance of traffic as directed by the Engineer
shall be included on and paid for under Pay Item No. 102.1
No separate payment shall be made for other Maintenance of Traffic devises provided by the
Contractor
Section 102 -6 DETOURS: This sub - article is amended to include:
Traffic may be detoured only upon approval of the Director of the Public Works Department.
20. Maintenance of Traffic Devises:
All maintenance traffic control devises (including signs) shall be furnished by the Contractor.
Barriers (including warning lights), barricades, construction signs, flashing arrow boards, and high
intensity flashing lights shall be in accordance with the Manual on Uniform Traffic Control Devises
for Streets and Highways, U. S. Department of Transportation Federal Highway Administration
(ANSI D6.1 el 989) the State of Florida Department of Transportation Roadway and Traffic Design
Standards for Design Construction.
Maintenance and Utility Operations for Streets and Highways on State Maintained Systems, Public
Works Manual of Metropolitan Miami -Dade County, and the latest revisions of the aforementioned
manuals.
As a minimum, the following traffic control devises shall be provided for maintenance of traffic as
directed by the Engineer
ITEM NO. DESCRIPTION
102 -74 -1 Barricades (Temporary Type I and II)
102 -74 -2 Barricades (Temporary Type III)
102 -60 Work Zone Signs (Temporary)
102 -77 High Intensity Flashing Lights (Temporary Type B)
Note: Type "B" Low Intensity Flashing Warning Lights are to be provided and attached to the
barriers, signs, and barricades, as required and recommended in the latest edition of (ANSI D6.le-
1989). At the City's request, additional Traffic Control Devises may be added during construction.
Payment shall be as per pay item 102 -1.
21. Floating Silt Barrier (Section 104)
The Work required under this Section shall be paid for at the contract unit price bid per linear foot of
' Floating Silt Barrier as indicated in the Bid Form of the Proposal. Such price and payment shall be
Special Provisions 09/24 Page 6 of 16
full compensation for: (1) furnishing, (2) installation, (3) routine maintenance, and (4) removal upon
1 completion and final acceptance of the work specified under the terms of this Contract.
Note: Particular attention should be given that in case of repeated pollution, or silting, the City
reserves the right to employ outside assistance or to use City forces to provide the necessary
corrective measures. Any such costs incurred, including the engineering costs will be charged to the
contractor and appropriate deductions made from the monthly progress estimate.
j22. Clearing and Grubbing (Item No. 110 -1)
The contract unit price bid as indicated in the Bid Form of the Proposal shall be full compensation for
all work required for Clearing and Grubbing; including, but not limited to, removal of asphalt
pavement, tree removal, trash, debris, tree trimming, removal of drainage structures, and plugging of
existing drainage system left in place, among others, within the entire length of the project.
23. Earthwork Related Operations (Section 120)
' 24.01 Grading
The Contractor shall include the cost of all grading in the unit price bid for the appropriate items.
Any additional grading required within the limits of the project, should be included in the clearing
and grubbing pay item. No separate payments will be made for any grading required on this project.
24.02 Regular Excavation (Item No. 120 -1)
Regular Excavation shall consists of the excavation and the utilization, and satisfactory disposal, of
all materials necessary for street widening, side ditches, and lateral ditches, within the right -of -way,
except as may be specifically shown to be paid for separately.
24. Stabilizing (Section 160)
Section 160 STABILIZING: Delete the words "Bearing Value" or "Limerock Bearing Ratio Method"
where they occur throughout this section and substitute the words "California Bearing Ratio ".
Delete all contrary references to density requirements and substitute the following:
Compaction - The density requirements for all, street widening and sub grade involved in this Section
shall be a minimum ninety -five percent (95 %) for non - roadway areas and ninety -eight percent (98 %)
for roadway areas (street widening), of maximum density as determined by AASHTO T -180. Delete:
"do not apply density requirements where constructing narrow widening strips 4 feet or less"
from section 120 -9.4
Delete all mention of Bearing Value requirements entirely and substitute the following:
California Bearing Ratio Requirements: Suitability of the soil to be compacted shall be determined by
the California Bearing Ratio Test as outlined in ASTM D 1883 -87. Tests shall be made on each
1 separate course, generally before the materials have been compacted.
Any areas where the materials have a C.B.R. value of less than Thirty (30) at ninety -five (95) percent
of the maximum density as determined by AASHTO T -180 shall be stabilized (or further stabilized)
Special Provisions 09/24 Page 7 of 16
IJ
as specified herein.
' Section 160 -4- MATERIALS — Add the following:
Except that the limerock used for stabilization shall have a minimum of at least fifty percent (50 %)
carbonates of calcium and magnesium.
Section 160- 7.2.1.2 Under tolerances in Bearing Value Requirements-
, Delete this sub - article and substitute the following:
There shall be no under tolerance in the C.B.R. permitted.
Section 160 -10 BASIS OF PAYMENT: Delete this article and substitute the following:
Payment for stabilizing sub -grade shall be included under Contract Unit Price Bid Limerock
Material.
25. Limerock Base Construction (Section 200)
1
25.01 General
The work specified under this Section shall consist of the construction of a base course composed of
Limerock. It shall be constructed on a sub -grade prepared in accordance with Section 120 -9.4 of the
FLORIDA DEPARTMENT OF TRANSPORTATION'S STANDARD SPECIFICATIONS FOR
ROAD AND BRIDGE CONSTRUCTION. That portion of the street bed immediately below the
proposed base course, in both cuts and fills, shall be scarified, graded, shaped and compacted to
conform to the lines, grades and cross section shown in the Plans or as directed by the Engineer.
25.02 Sub -grade
Within the entire limits of the proposed sub - grade, the minimum density acceptable at any location
shall be ninety -five 95 percent, of maximum density, as determined by AASHTO T -180.
tPrior
to placing the base, the sub -grade will be inspected by the Engineer to ascertain whether or not
the Work satisfies the requirements as to specified density, lines, grades and cross section.
Where trenches for widening strips are not of sufficient width to permit the use of standard
compaction equipment, any compaction effort required shall be accomplished by, trench rollers, or
other type compaction equipment approved by the Engineer.
It shall be the Contractor's responsibility to maintain the required density until the base is placed on
the sub grade.
25.03 Limerock Base
' The base shall have an overall compacted thickness as specified and noted in the Plans. When the
specified compacted thickness of the base is greater than eight inches, it shall be constructed in two
(2) equal lifts. Each lift shall be graded and compacted to a density of not less than the above
1 mentioned percentages of maximum density as determined by AASHTO T -180. The minimum
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density acceptable at any location along the traveled roadway shall be ninety -eight (98) percent of
such maximum density. The minimum percent of carbonates of calcium and magnesium in the
Limerock Material will be fifty (50).
After spreading of the first lift is completed, the entire surface shall be scarified and shaped so as to
produce the required grade and cross section after compaction. Prior to placing the second lift, the
first course shall be cleaned of all foreign material and blade and brought to a surface cross section
approximately parallel to that of the proposed finished base. Prior to spreading of any material for
the upper course, the density tests for the lower course shall be made and the Engineer shall have
determined that the required compaction has been obtained.
After the spreading of the material for the second course is completed, its surface shall be finished
and shaped so as to produce the designed grade and cross section after compaction, and free of scabs
and lamination.
a. At the option of the Engineer, unless the use of forms is specifically called for in the Plans, the
base may be constructed six (6) inches wider in lieu of using forms. These extra widths will not be
measured for payment and shall be provided at no additional expense to the City.
b. Upon the Engineer's approval of the Limerock Base, it shall be primed with a prime coat having a
minimum curing period of forty eight (48)- hours.
c. Under no circumstances will the Engineer allow the prepared base to remain un- surfaced pending
completion of other Work remaining on the Project.
1 d. The quantity of Limerock Base, determined as provided in this Section, shall be paid for at the
Contract Unit Price Bid as indicated in the Bid Form of the Proposal. Such price and payment shall
be full compensation for all the work specified for the complete construction of the base course as
specified herein, including the necessary preparation and compaction of the sub - grade, correcting all
defective surfaces of the sub -grade and/or deficient thickness and priming of the base course.
Note: The areas of base course to be measured for payment shall include the areas of extra base
required at various intersections. The cost of replacing base materials removed only for the
construction of underground items shall be included in the Bid Price for the various items.
26. Prime and Tack Coats for Base Courses (Section 300)
Section 300 -7.1 - GENERAL: This article is expanded to include the following:
A Prime Coat is required for all Limerock Base Construction and the cost will be included in the Unit
Price Bid for Limerock Base per cubic yard as noted in the Bid Form of the Proposal. No separate
payment shall be made for the Prime Coat or its application.
27. Bituminous Material- Payment Adiustment (Item 300 -1 -999)
Section 9 -2.1 - ITEMS INCLUDED IN PAYMENT: This sub - article is expanded as follows:
The bid unit price for bituminous materials (asphalt concrete, prime and tack coat) will be adjusted to
reflect changes, both increase and decrease, in the asphalt price index, based on the average of the
current bituminous materials prices at Port Everglades, from that in effect during the month in which
ISpecial Provisions 09/24 Page 9 of 16
P = The price per unit bid for the asphalt concrete.
D = The differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price
Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of the date
bid, and the price per gallon of the liquid asphalt in the month in which the material is incorporated in
the project.
N = Number of gallons of liquid asphalt per unit bid.
f. The payment adjustment for prime coat and tack coat shall be based on the differential in the per
gallon price of the prime or tack, in accordance with the asphalt price index for the prime or tack,
from the price per gallon in the month of the date bid and the price per gallon in the month in which
the material is incorporated into the project for each gallon of prime or tack coat utilized.
g. A price adjustment will be made only when the current asphalt price index for the month the
material was incorporated into the project varies by 5% or more from the index that was applicable
during the month that bids were received.
h. The Contractor shall make available to the Engineer any tickets, scale weights, etc. needed to
determine the number of gallons of liquid asphalt utilized in the preparation of the asphalt concrete.
j. A 'Bituminous Material (Adjustment)" allowance item has been included on the Bid Form. The
printed amount indicated is only an estimate. The payment will be in accordance with the above
Special Provisions 09/24 Page 10 of 16
bids were received for this contract. The Contractor will not be given the option to reject this cost
adjustment of bituminous materials. This adjustment will be made in accordance with the following
criteria:
a. Price adjustment will apply only to the price of bituminous material, based on the above mentioned
asphalt price index and will not reflect variations in the cost of transportation from the terminal to the
job site, cost of aggregates or any other factors involved in the composition or pricing of asphalt.
b. Price adjustments will be made for all bituminous material incorporated in the asphalt pavement,
whether paid for under a separate bid item for asphalt concrete or under other items which include the
cost of bituminous material.
c. The adjusted unit price for bituminous material will be used in preparing monthly progress
payments.
'
d. No price adjustment reflecting any further increases in the cost of bituminous material will be
made for any month after expiration of the allowable contract time including any extensions that may
be granted.
e. The adjusted unit price for asphalt concrete shall be calculated for the month during which the
material was incorporated into the project, in accordance with the following formula:
Pa= P +(DxN)
Pa = Adjusted unit price for asphalt concrete (to be calculated separately for each month during
which the bituminous material is used and will reflect an increased or decreased price).
P = The price per unit bid for the asphalt concrete.
D = The differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price
Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of the date
bid, and the price per gallon of the liquid asphalt in the month in which the material is incorporated in
the project.
N = Number of gallons of liquid asphalt per unit bid.
f. The payment adjustment for prime coat and tack coat shall be based on the differential in the per
gallon price of the prime or tack, in accordance with the asphalt price index for the prime or tack,
from the price per gallon in the month of the date bid and the price per gallon in the month in which
the material is incorporated into the project for each gallon of prime or tack coat utilized.
g. A price adjustment will be made only when the current asphalt price index for the month the
material was incorporated into the project varies by 5% or more from the index that was applicable
during the month that bids were received.
h. The Contractor shall make available to the Engineer any tickets, scale weights, etc. needed to
determine the number of gallons of liquid asphalt utilized in the preparation of the asphalt concrete.
j. A 'Bituminous Material (Adjustment)" allowance item has been included on the Bid Form. The
printed amount indicated is only an estimate. The payment will be in accordance with the above
Special Provisions 09/24 Page 10 of 16
procedure and may be less than or greater than the amount indicated on the bid form. This amount
shall be included in the Grand Total.
28. Type S -I Asphaltic Concrete (For this section refer to FDOT Standard Specifications for Road
and Bridle Construction 2000 (Issue)
Section 334 -3 - GENERAL COMPOSITION OF MIXTURE: The following is added to this article:
Where hand placing and finishing of Type S -I Asphalt Concrete is permitted for small and irregular
areas, such as turnouts, crossovers, driveways, etc., the portion of the Grade No. 16 coarse aggregate
retained on a No. 4 sieve may be omitted from the mixture and the percent by weight of the coarse
' aggregate passing the No. 4 sieve and retained on the No. 10 sieve shall be within the range specified
for the total coarse aggregate in the mix.
Page 271, Section 331 -4.3.1 - Mix Design: Delete this sub - article and replace with the following:
No work shall be started on this portion of the Contract until the Contractor has conferred with the
Engineer and, if deemed necessary, has submitted samples of all materials to be used to a laboratory
approved by the Engineer for either:
Note: The Contractor shall apply the asphalt concrete over all existing sanitary sewer manhole
covers, valve boxes, etc., which have not been properly adjusted, so as to provide a smooth level
surface. It will be the Contractor's responsibility to mark the locations of openings that are covered
with new asphalt during the paving. These locations will be painted with an X, and the final
adjustment, where necessary, of all existing utility openings will be made by the Contractor, after the
resurfacing has been completed.
ISpecial Provisions 09/24 Page 11 of 16
1. Preparation and establishment of a mix design, or
2. The verification of conformity to specifications of a job mix formula submitted by the Contractor,
if the plant has previously operated in conformity with the same material specifications as used in this
Contract.
Page 279, Section 331 -7 — Basis for Payment: Delete this sub - article and substitute the following:
for by for in the
When the quantities of Type S -I Asphalt Concrete are to be paid the ton, as called
proposal, the pay quantities shall include only the weight of the asphalt in place, completed and
accepted.
In determining the tonnage to be paid for, the weights of the mixture shall be determined from batch
weights, truck scale weights, or other methods approved by the Engineer.
Payment for all bituminous material, including tack coat, shall be included in the payment for asphalt
Concrete. Such payment shall be based on the contract unit price bid as indicated in the Bid Form of
the Proposal
The Contract Unit Price Bid, as indicated in the Bid Form of the Proposal, shall be full compensation
for all Work specified under this Section (including the applicable requirements of Sections 320 and
330).
Note: The Contractor shall apply the asphalt concrete over all existing sanitary sewer manhole
covers, valve boxes, etc., which have not been properly adjusted, so as to provide a smooth level
surface. It will be the Contractor's responsibility to mark the locations of openings that are covered
with new asphalt during the paving. These locations will be painted with an X, and the final
adjustment, where necessary, of all existing utility openings will be made by the Contractor, after the
resurfacing has been completed.
ISpecial Provisions 09/24 Page 11 of 16
Use type S -I asphalt concrete for driveway reposition and transition pavement feathering between
existing and new surfaces.
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29. Inlets, Manholes and Junction Boxes (Section 425)
The applicable portions of the Metropolitan Miami -Dade County Public Works Manual (latest
edition), Part 1, Standard Details, as pertain to the design and construction of drainage wells and
structures, are part of these Contract Documents.
Section 425 -6.7 - BACKFILLING: Add the following to this sub - article:
Select material shall be used for backfill adjacent to riser inlets, manholes and drainage well
structures as detailed in the Plans. It shall consist of well - graded limerock or limerock and sand fill.
Sand or fill having a high proportion of sand will not be accepted as select fill. All selected fill shall
be approved by the Engineer prior to placing. No separate payment will be made for select fill, but
shall be included in the Unit Price Bid for each particular item as indicated in the Bid Form of the
Proposal.
Section 425 -8.2 - Adjusting Structures: This sub - article is expanded to include:
Upon completion of the Work, and prior to acceptance and final payment all such structures will be
inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned.
30. Adjustment or Relocation of Valve, Meter, Mail Boxes and Pull Boxes (Section 425 -8.2)
The Work under these pay items includes any adjustments, relocation (raising, or lowering) of
existing valve, meter, mail boxes and pull boxes.
When relocation of the box is required, the Contractor shall make all necessary arrangements with the
utility companies, as the utility companies are responsible to relocate the valves and meters and valve
and meter boxes. Relocation of mail boxes are the Contractor's responsibility
31. Concrete Pipe (Section 449)
449 -4.1 Special Requirements:
t
Rubber gaskets for concrete pipe joints shall comply with section 420.
ISpecial Provisions 09/24 Page 14 of 16
Concrete Pipe shall meet the design requirements of the class of pipe called for on the Bid Form of
the Proposal. Pipe design shall be based upon requirements set forth in ASTM C 76 or Special
Design which meet the requirements of ASTM C 655. For pipe designated as Class S, the pipe design
will meet the requirements for ASTM C 655 and the 0.01" crack and ultimate D -loads given on the
Roadway and Traffic Design Standards, Index Number 205.
The Process of manufacture and the details of the pipe design, including strength of the concrete, will
comply with the Standard Operating Procedure for the Inspection of Precast Drainage Products.
At the Contractor's option non - reinforced pipe up to and including 36" diameter, may be used in
place of reinforced concrete pipe designated Class S, Class I, Il, IIl, and IV. Non - reinforced pipe
shall meet the requirements of ASTM C 985 and the ultimate D -loads given on the Roadway and
Traffic Design Standards, Index Number 205. such pipe shall be properly marked.
Plugging of existing pipes to be abandoned in place shall comply with section 430 4.5
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Rubber gaskets for concrete pipe joints shall comply with section 420.
ISpecial Provisions 09/24 Page 14 of 16
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32. Sodding (Section 575)
The specifications for sodding shall conform to the applicable portions of Section 575 with the
following exception:
Incorporate the following to the applicable section, deleting all references that are contrary: The
Contractor is required to mow all sodded areas immediately prior to final acceptance of the Work by
the City.
The payment for mowing, maintaining the sod in a moist condition for a period of at least two weeks,
as well as payment for the water and fertilizer shall be included in the Contract Unit Price Bid for
Sodding, as indicated in the Bid Form of the Proposal.
33. Tree relocation
A. General
1. Scope:
Provide all labor, materials, equipment, transportation, watering supervision and all related work for
root pruning, trimming of limbs, loading and unloading, hauling and planting trees or palms in
locations indicated on the drawings or as directed by the Engineer included herewith.
2. Maintenance:
The contractor shall be responsible for the maintenance after the relocation of the trees or palms.
B. Materials:
1. Backfill Material:
The existing material excavated from the planting pit is to be used as backfill.
2. Water:
The Contractor shall provide potable water by an approved method by the Engineer
3. Pruning Paint:
Pruning Paint shall be asphalt base and contain ingredients that are antiseptic and aid healing of the
wound. There shall not be any growth inhibitors in the pruning paint.
C. Execution: (Preparation of Plant Material to be relocated)
1. Pruning:
Trees shall be root pruned six (6) weeks prior to relocation. No backhoes or trenchers shall be used in
the process.
Pruning of the canopy shall be executed just prior to root pruning. The extend of pruning shall be the
minimum needed to reduce shock resulting from severing of roots, however, no branches larger that
one (1 ") inch diameter shall be trimmed other than at the branch collar.
Special Provisions 09/24 Page 15 of 16
Interior sucker growth and dead wood shall first be removed, followed by selective pruning of
branches and limbs. Limbs that run through the tree crown shall be removed before other limbs are
removed. Pruning shall not destroy the tree. All cuts shall be made outside of the branch collar.
Backfill trench within twenty -four (24) hours after root pruning with coarse sand. Trees shall be
watered in at this time to eliminate air pockets in the backfill. Bracing and guying of trees after root
pruning:
Bracing and guying at time of severing roots shall be provided if required by the County
representative(s) to support trees during the root regeneration period. Such work shall provide
stability and support to the extent that trees are maintained in a vertical position for duration of the
root regeneration period.
2. Watering Schedule: Please see section (SP 53).for watering schedule after tree planting
3. Guarantee of relocated trees and palms:
iAll trees and palms that are relocated shall be guaranteed for a period of six (6) months after
relocation.
' END OF DOCUMENT
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Special Provisions 09/24 Page 16 of 16