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CITY OF SUNNY ISLES BEACH
BEACH ACCESS SIGNS
Prepared by:
Calvin, Giordano V' Associates, Inc.
Engineers Surveyors Planners
1800 Eller Drive. Suite 600
Fort Lauderdale. Florida 33316
Phone: 954.921.7781 Fax: 954.921.8807
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No. 06 -01 -02
February 2006
SET to
FOR BIDDING PURPOSES ONLY
CITY OF SUNNY ISLES BEACH
BEACH ACCESS SIGNS
Contract Documents
and
Specifications
Calvin, Giordano ' Associates, Inc.
Engineers Surveyors Planners
�` 1800 Eller Drive, Suite 600
Fort Lauderdale, Florida„ 16
Phone:954.921.7781 Fax:9�4.921.8807
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No. 06 -01 -02
February 2006
CITY OF SUNNY ISLES BEACH
BEACH ACCESS SIGNS
Contract Documents
and
Specifications
IgCalvin, Giordano V' Associates, Inc.
Engineers Surveyors Planners
1800 Eller Drip e, Suite 600
Fort Lauderdale. Florida 3' 16
Phone:954.921.7781 Fax:951.92L8807
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No. 06 -01 -02
February 2006
TABLE OF CONTENTS
PROJECT NAME
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No.06 -01 -02
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
CONTRACT
DOCUM
00020 Notice to Bidders
00100
Instructions to Bidders
00300
Bid Form
00401
Bid Bond
00402
Public Entity Crimes Affidavit
00403
Trench Safety Act
00420
Information Required from Bidders
00500
EJCDC Standard Form of Agreement
00600
Payment Bond
00601
Performance Bond
00650
Acknowledgment of Conformance with O.S.H.A. Standards
00700
General Conditions
00800
Supplementary Conditions
00900
Addenda
IFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
1.01 General
1.02 Preconstruction Requirements
1.03 Submitals by Fabricator
1.04 Warranty
1.05 Maintenance
DIVISION 2 — PRODUCTS
2.01 Sign Materials
2.02 Fabrication of Signs and Supports
2.03 Shop Application of Sign Finishes
2.04 Artwork
2.05 Shop Application of Graphics
02/06
03- 4122.E
2.06 Application of Sign Elements
DIVISION 3 - EXECUTION
3.01
Delivery
3.02
Guarantee
3.03
Fabrication Errors
DIVISION 4 - AMERICANS WITH DISABILITIES ACT (ADA)
DIVISION 5 - BIDDING
5.01 Bidding Requirements
DIVISION 6 - SIGNS DETAIL AND PLANS
0 2;06 ii 03 4122.E
ii
SECTION 00020
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY
ISLES BEACH is seeking sealed bids for the following work as specified.
BEACH ACCESS SIGNS
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No. 06 -01 -02
Sealed bids for the construction of the Beach Access Signs consisting of the
furnishing and installation of Beach Access Signs in accordance with requirements
of the Contract Documents 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 Tuesday, March 7, 2006
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.
' Bidders may obtain complete sets of Bidding Documents from the City of Sunny
Isles Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at no cost.
Partial sets of Bidding Documents will not be available.
17,
Bidding Documents may be examined at the City of Sunny Isles Beach, at the
above - referenced address.
Bid security in the amount of five percent (5 %) of the Total Bid or $5,000.00,
whichever is less, must accompany the Bid in accordance with the Instructions to
Bidders.
02/06 00020 -1 03- 4122.E
' 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 c/o Calvin, Giordano
& Associates, Inc. at (954) 921-7781.
03 -4122. E
SECTION 00100
INSTRUCTIONS TO BIDDERS
DEFINITION OF TERMS
1.1 Bidding Documents - these include 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.
1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder offers to
perform the 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 — 1996 Version of the Standard General Conditions of the
Construction Contract.
1.6 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.
BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of the City of
Sunny Isles Beach 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:
' a. Beach Access Signs
Bid No. 06 -01 -02
CGA Project No. 03- 4122.E
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.
02/06 00100 -1 03- 4122.E
I 3.3 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 Project Engineer at Calvin,
Giordano & Associates, Inc., 1800 Eller Drive Suite 600, Fort Lauderdale, FL 33316;
Fax: 954- 921 -8807; Phone: 954- 921 -7781.
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.
4.3
Interpretations or modifications of Bidding Documents made in any manner other than by
'
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
Addendum 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 Providers Qualification Statement, along with any other evidence of
his 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 30 days of the date of Owner's request, indicating current financial
resources, liabilities, capital equipment, and past history 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, 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.
01,06
00100 -2 03- 4122.E
' 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.
g. The Bidder, or its principals, have outstanding code enforcement violations with
the City of Sunny Isles Beach, which have not been corrected and dismissed in
' accordance with Chapter 14, of the Code of 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 employee, agent or provider of the City of Sunny Isles Beach. Any
1 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 provider of the City, is a sub - consultant of an employee,
agent, consultant or provider, and can influence 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 PROVIDER:
i7.1 The Provider 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.
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 provider's own forces.
02/06
00100 -3
03- 4122.E
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.
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
Provider 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.
02/06
00100 -3
03- 4122.E
9. BID SUBMITTAL
9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid security, the list of
Subproviders, 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 ".
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.
20. 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 or $5,000.00, whichever is
less.
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.
t
02/06 00100 -4 03- 4122.E
' 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 Provider (and his Surety) shall be liable for liquidated
' damages in accordance with the Supplementary Conditions and the Agreement.
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:
a. 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.
15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and
' listed 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.
' 1. 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 available to the
City. A Surety Company that is rejected by the City may be substituted by the
I bidder or proposer with a surety company acceptable to the City, only if the bid
amount does not increase.
02/06
00100 -5 03- 4122.E
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.
' 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.
16. SUBPROVIDER LIST
16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subproviders
and major material suppliers proposed for the principal portions of the Work. Submit list
on form provided 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
1 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/her designee shall stay the award
of the contract unless, after consulting with the City Attorney and the affected director,
he /she 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 and a maximum deposit of $10,000.
18. BID EVALUATION, 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.
18.2 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
Ithe funds available.
02/06
00100 -6 03- 4122.E
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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 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.
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.
18.6 If the Provider feels that a problem exists either prior to, or during the bid opening, he /she
shall contact the City (within 24 hours of the bid opening) and follow the City's current
policy for bid protests.
18.7 City Commission approval of the award of any contract in excess of $10,000 shall be
required.
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.
CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this
purpose only. The Provider shall not proceed on any additional work to be covered by
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
00100 -7
03- 4122.E
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SECTION 00300
Bid of 11'
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To furnish all materials, equipment and labor and to perform all work in accordance with the Contract
Documents for construction of: Beach Access Signs located in the CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
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
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
02/06 00300-1% 03- 4122.E
BEACH ACCESS SIGNS
UNIT PRICE BID SCHEDULE
Item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. -7
1. Furnish New Beach Access Sign as Per Plans &V
21 EA 12-0 7. 2,5-0, 3V 7
2. Furnish New Post as Per Plans /,, `V
21 EA
(lam it
SUBTOTAL
II.
3. Mobilization and Demolition (Not to Exceed
5% of Total Bid Amount)
4. Maintenance of Traffic
5. Contingency (5% of Total Bid Amount)
SUBTOTAL GENERAL
GRAND TOTAL (Items I -II)
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02/06 00300 -2 03- 4122.E
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BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of the bid or
$5,000.00, whichever is less 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 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 10 days after the date of written Notice to
Proceed, and further agrees to substantially complete the work within 70 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 also agrees to complete the entire work within 70 days after the Contract time
commences to run.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60
days after the scheduled closing time for receiving bids.
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.
The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day
elapsing between the date established as the date of final completion and the actual date of final
completion of the contract work, the amount of $500.00 per calendar day.
t
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(p 00 00300 -3 03- 4122.E
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1. �12. ,3. ,4. ,5._
Dated this � day of .
(month) (year)
� i
Provider: PUS =' S i � 't �N C
Address: 321D R"T"Ji1c, kyE 5.11, ft— 3's ) (A)
SEAL
Attachments:
Subprovider List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
0-"()0 00300 -4 03-4122.E
OFFICIAL CHECK
ONL t t c sco
CHECK NO.
63- 1557166C'
19081
DATE AMOUNT
03!06/2006 * 5 000.00
PAY
■FIVE THOUSAND DOLLARS AND ZERO CENTS
TO THE
ORDER City of Sunny Isles
F
Sin Bit Band AUTHORIZED S16n
MEMO.
100 7 11' 1908 111' �:0 6 60 1 S S 7 6j: S0000 7 2 1611
tilUUtK
DOCUMENT 00401
BID BOND
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:
PROJECT (Brief Description including Location):
Beach Access_ Signs
Sunnv Isles Beach. Flor
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
Bidder's Name and Corporate Seal
By:
Signature and Title
Attest:
(Seal)
Surety's Name and Corporate Seal
By:
Attest:
(Seal)
Signature and Title
(Attach Power of Attorney)
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 00401 -1 03- 4122.E
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
Bid Bond
r
r_�
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
03-4122.E
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 OTq C) 5LIWNV ISLEG BEfICA
[print name of the public ntity]
by M • 0 fzfiiZ, p iOOQT "
[ iint individual's name and title]
for 1105 5L Ec)Ni S E't, iiG12 rte, 1I c -
[print name of ntity submitting sworn statement]'
whose business address is
_20 MArti m. &f�
and (if applicable) its Federal Employer Identification Number (FEIN) is 105-01 a 8 9 -1q
' (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
' 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or 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. 1 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,
and agents who are active in management of an entity.
Form PUR 7068 (Rev. 06/11/92)
00402 -1
03- 4122.E
[1
11
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,
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.
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 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY
AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT
IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
n A N ✓ � /
[signature]
Sworn to and subscribed before me this day of "11-ec A , 200
Personally known
OR Produced identification
(Type of identification)
Form PUR 7068 (Rev. 06/11/92)
00402 -2
Notary Public - State of
sslon
aria E. Lora
=, ission #DD157256
es: OGt nd Th�b
an is nding Co., Inc.
(Prifitid/lyped or stamped
commi sioned name of notary public)
03- 4122.E
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 Unit of
Measure Measure
(Description) (LFSF)
A.
B. A
C.
D.
Unit Unit Extended
(Quantity) Cost Cost
Total $
If applicable, the Provider 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 Subarticle 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.
Provider agrees that the above safety compliances and costs are included in his bid
package.
Signature of Bidding Provider
END OF DOCUMENT
02;06 00403 -1 03- 4122.E
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. Provider's Name /Address: R �Tqq—po E r 1 NC'
2. Provider's Telephone Number: �305� �I gwo2-
3. Provider's License:
Primary Classification:
4. Number of years as a Provider in construction work of the type involved in this Contract:
5. List the names and titles of all officers of Provider's firm:
6. Name of person who inspected site or proposed work for your firm:
Name: k"C'We 0 0�ZT(
Date of Inspection: 3. �� 2
7. What is the last project of this nature you have completed?
1 fjE -1tAs l?N cf- ti0pil � J
8. Have you ever failed to complete work awarded to you; if so, where and why?
KO
021/06 00420 -1 0-,-4122.E
r
J
10
Name three individuals or corporations for which you have performed work and to which you
refer:
(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?
/\/4 "- 9
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.
tiZ 06 00420 -2 03- 4122.E
Tl2N��T
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 VALUE COMPLETION
TO DATE
�0 9hW
-3 • I
f�
a 100 � L4 ap
Ali'
,:;Inr. -g Al a- C,
MIS l�y
MI✓ M1
u4rc" 1Ho,cco 4 �a
%�`�
(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?
/\/4 "- 9
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.
tiZ 06 00420 -2 03- 4122.E
LIST OF SUBPROVIDERS
The Bidder SHALL list below the name and address of each Subprovider 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 Subprovider. After the opening of Proposals, changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subproviders
must be properly licensed.
Work to be Performed Subprovider's Name /Address
1. I V ! 14l 1,60,X 2/9 . yy Z / 7JT;�- K
2.
3.
4.
5.
6.
7.
8.
9.
10.
NOTE: Attach additional sheets if required.
02/06 00420 -3 � 03- 4122.E
I
C
J
u
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND PROVIDER
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 20 by and
between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and
hereinafter called PROVIDER).
OWNER and PROVIDER, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
PROVIDER shall complete all Work as specified or indicated in the Contract Documents as defined
in the "Standard General Conditions of the Construction Contract" 1996 Edition "General
Conditions." The Work is generally described as follows:
Beach Access Signs
Article 2. ENGINEER.
The Project has been designed by: CALVIN, GIORDANO & ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all
duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIMES.
02/06
3.1. The work will be substantially completed within 70 days after the date when the
Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions,
and completed and ready for final payment in accordance with Paragraph 14.07 of the
General Conditions within 70 days after the date when the Contract Times commence to run.
3.2. LIOU /DATED DAMAGES. OWNER and PROVIDER recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays,
expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is
not completed on time. Accordingly, instead of requiring any such proof, OWNER and
PROVIDER agree that as liquidated damages for delay (but not as a penalty) PROVIDER shall
pay OWNER Five Hundred and 00/100 dollars ($500.00) for each day that expires after the
time specified in Paragraph 3.1 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if PROVIDER shall neglect, refuse or fail to complete
the remaining Work within the time specified in Paragraph 3.1 for completion and readiness
for final payment or any proper extension thereof granted by OWNER, PROVIDER shall pay
OWNER Five Hundred 00/100 dollars ($500.00) for each day that expires after the time
specified in Paragraph 3.1 for completion and readiness for final payment.
00500 -1
03-4122.E
P,
Article 4. CONTRACT PRICE.
OWNER shall pay PROVIDER for completion of the Work in accordance with the Contract
' Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, a Lump Sum of: N/A
(use words) figures
All specific cash allowances are included in the above price and have been computed in
accordance with Paragraph 11.02 of the General Conditions;
plus
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in this Paragraph 4.2:
LJ
UNIT PRICE WORK
ESTIMATED UNIT TOTAL
NO. ITEM UNIT QUANTITY PRICE ESTIMATED
Refer to Exhibit "A" (-)
TOTAL OF ALL UNIT PRICES
The Contract Price is $
As provided in Paragraph 11.03 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
in Paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in
Paragraph 11 .03.13 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
PROVIDER 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 PROVIDER'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 the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
02/06 00500 -2 03- 4122.E
r I
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 PROVIDERS control arise (as determined by
1 the OWNER) the OWNER may allow the total payment to the PROVIDER to increase
to 98% of the contract price (with the balance being retainage), less such amounts
as ENGINEER shall determine, only after receipt of the final as- builts and upon
substantial completion of the project and in accordance with Paragraph 14.02 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said Paragraph 14.07.
1 Article 6. INTEREST. (Not Applicable)
Article 7. PROVIDER'S REPRESENTATIONS.
' In order to induce OWNER to enter into this Agreement PROVIDER makes the following
representations:
7.1. PROVIDER has examined and carefully studied the Contract Documents (including the
Addenda listed in Paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
' 7.2. PROVIDER 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. PROVIDER 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. PROVIDER 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 4.02.1. of the General Conditions. PROVIDER 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 PROVIDER is entitled to rely as provided
02/06 00500 -3 03- 4122.E
FJ
in Paragraph 4.02 of the General Conditions. PROVIDER acknowledges that such reports and
drawings are not Contract Documents and may not be complete for PROVIDER's purposes.
PROVIDER 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. PROVIDER
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 PROVIDER and safety precautions and programs incident
thereto. PROVIDER 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. PROVIDER 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. PROVIDER has correlated the information known to PROVIDER, information and
1 observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
7.7. PROVIDER has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that PROVIDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to PROVIDER, 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 PROVIDER
concerning the Work consist of the following:
8.1. This Agreement (pages 1 to10 inclusive).
8.2. Exhibits to this Agreement (page) N /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 1 to 42 , inclusive).
8.6. Supplementary Conditions (pages 0800 -1 to 00800 -7 , inclusive).
8.7. Specifications bearing the title Beach Access Signs and consisting of 5
divisions, as listed in Table of Contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered 1 through 2, inclusive
with each sheet bearing the following general title: SEE ARTICLE 9
00500 -4 03 -4122. E
' 8.9. Addenda , inclusive.
8.10. PROVIDER's Bid (pages _ inclusive).
i8.11. Documentation submitted by PROVIDER prior to Notice of Award (pages N/A to
inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to Paragraph 3.04
' of the General Conditions.
The documents listed in Paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the
General Conditions. In the event of a conflict between the Contract Documents, the provisions of
this Agreement shall control.
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.
t9.3. OWNER and PROVIDER 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 PROVIDER, 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
Beach Access Signs
CGA Project No. 03- 4122.E
02/06 00500 -5 03 -41 22.E
DESCRIPTION SHEET NO.
Cover
New Signs 1 of 2
New Posts 2 of 2
9.5.2. The PROVIDER agrees to indemnify and save harmless the CITY OF SUNNY ISLES
BEACH, AND CALVIN GIORDANO & ASSOCIATES, INC., Civil Engineers - Planners- Surveyors,
their officers and employees, from or on account of any injuries or damages received or
sustained by any person or person during or on account of any operations connected with the
construction of these roadway improvements; or by or in consequence of any negligence in
connection with the same; or by use of any improper materials or by or on account of any act
or omission of the said Provider, subprovider, agents, servants, or employees; and
9.5.3. The PROVIDER agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than
$1,000,000 for injuries, including willful death, to any one person and subject to those same
limits for each person, in an amount not less that $1,000,000 for damages as a result of
each occurrence and property damage insurance and in an amount not less than $1 ,000,000
for damages on any one occurrence. Such policy shall specifically protect the CITY OF
SUNNY ISLES BEACH, AND CALVIN, GIORDANO & ASSOCIATES, INC., Civil Engineers -
Planners- Surveyors, their agents and employees, by making them an additional insured, and
shall not be modified or canceled without thirty (30) days written notice to the CITY OF
SUNNY ISLES BEACH. Certificates evidencing the coverage stated herein shall be provided
simultaneously with PROVIDER'S execution of this agreement.
' 9.5.4 Should the final completion and acceptance of the work herein embraced together
with any modification or additions be delayed beyond the time herein set because of lace of
performance by the Contract, it is understood and agreed that aside from any other liquidated
damage per day for such delay from such time until the work is completed and accepted as
herein provided, all costs of engineering and inspection on behalf of the Owner will be
charged to the provider 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 Provider by the Owner under this article shall be equal to the Engineer's
charges to the Owner.
00500 -6 03-4122.E
1
� I
� I
I I
1
1
1
1
1
1
1
1
1
1
1
IN WITNESS WHEREOF, OWNER and PROVIDER have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, PROVIDER and ENGINEER. All portions of the
Contract Documents have been signed, initialed or identified by OWNER and PROVIDER or
identified by ENGINEER on their behalf.
This Agreement will be effective on
Agreement).
ATTEST:, %•
By
20 (which is the Effective Date of the
[CORPORATE SEAL] [CORPORATE SEAL]
Address for giving ot'ces
License No. fi / I to fi l
Agent for service of process
(If PROVIDER is a corporation, attached
evidence of authority to sign).
00500 -7
03 -41 22.E
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
PROVIDER authorized to execute same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Jane Hines, City Clerk
Norman S. Edelcup, Mayor
day of ,20
Approved as to form and legal sufficiency By:
Office of the City Attorney Christopher J. Russo, City Manager
By:
Hans Ottinot, City Attorney
day of 20_
day of ,20
(CITY SEAL)
02/06 00500 -8 03-4122.E
it
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, )A6:AVP, H. WTIZ certify that I am the F— of
INC and that
who signed the Bid with City of Sunny Isles,
Dade County Florida for N - _
CGA Project No. 0 3 ,
is V 72 of said Corporation with full authority to sign said Bid on
behalf of the Corporation.
Signed and sealed this % day of Y C h, 20�
(SEAL) k':�!4—nz
Signature
Typed w /Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this day of IgaYC" , 20 D?O
My Commission Expires:
0 2;'06
,YP�a Mare, E. Lora
00500 -9
Notary Public
03-4122.E
i I
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I I
[I
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
jj
certify that I am the - of
who
signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
Calvin, Giordano & Associates, Inc.
l/ �
Project No. d 3 - 71ZZ - , and that the following persons have the authority to sign
payment requests on behalf of the Corporation:
,( z---% 11 fi A--,q / k �" - , , , /
(SiWaature)
(Signature)
(Typed Name w /Title)
(Typed Name w /Title)
' (Signature) (Typed Name w /Title)
Signed and sealed this 7 day of /L�,4 Y CJ-\ , 20060
(SEAL)
Signature
Alf
Typed w /Title
STATE OF FLORIDA
COUNTY OF BROWARD
' SWORN TO AND SUBSCRIBED before me this day of IL-14 v Ok , 20�1
Maria E. Lora
'p''
"• '- 157256
My Commission Expires: _ ,� `: Commi�glo
� MIrl, lit Ad
-« '••: pir � 10, 2006
Notary Public
02/06 00500 -10 03 -4122. E
t
Payment Bond
Any singular reference to Provider, Surety, Owner or other party shall be considered plural where applicable.
' PROVIDER (Name and Address):
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):
SURETY (Name and Principal Place of Business):
Beach Access Signs
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
' Amount: $
Modifications to this Bond Form:
PROVIDER AS PRINCIPAL
Company
Signature:
Name and Title:
(Corp. Seal)
SURETY
Company
Signature:
Name and Title:
(Corp. Seal)
PROVIDER AS PRINCIPAL SURETY
Company (Corp. Seal) Company (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
'EJCDC No. 1910 -28B (1984 Edition) 00600 -1
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Providers of America, American Institute of Architects, American Subproviders Association, and the Associated Specialty
Providers.
F�
t
1-1
1
1. The Provider 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
Provider:
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 Provider 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 Provider and the Surety,
and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Provider 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
Provider 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 Provider:
1. Have furnished written notice to the Provider 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
Provider, or not received within 30 days of furnishing the
above notice any communication from the Provider by which
the Provider 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
Provider.
5. If a notice required by Paragraph 4 is given by the Owner to the Provider
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 e 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 Provider 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
Provider furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Provider in the performance of the Construction Contract
are dedicated to satisfy obligations of the Provider 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 Provider 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 Provider shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice
by Surety, the Owner or the Provider, 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 Provider 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
Provider or with a subprovider of the Provider 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
Provider and the Provider's subproviders, 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
Provider 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 Provider 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):
00600 -2
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 Providers of America, American Institute of Architects, American Subproviders Association, and the Associated Specialty
Providers.
r Performance Bond
IAny singular reference to Provider, Surety, Owner or other party shall be considered plural where applicable.
IPROVIDER (Name and Address): SURETY (Name and Principal Place of Business):
(Corp. Seal)
(Corp. Seal)
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):
Beach Access Signs
City of Sunny Isles Beach
BOND
'
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
PROVIDER AS PRINCIPAL
SURETY
Company
(Corp. Seal) Company
Signature:
Signature:
Name and Title:
Name and Title:
PROVIDER AS PRINCIPAL
SURETY
'
Company
(Corp. Seal) Company
Signature:
Signature:
'
Name and Title:
Name and Title:
'
00601 -1
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 Providers of America, American Institute of
Architects, American Subproviders Association, and the Associated Specialty
Providers.
(Corp. Seal)
(Corp. Seal)
I. The Provider and the Surety, jointly and severally, bind themselves, their a
heirs, executors, administrators, successors and assigns to the Owner for the 6
performance of the Construction Contract, which is incorporated herein by
reference.
r2. If the Provider performs the Construction Contract, the Surety and e
Provider shall have no obligation under this Bond, except to participate in r
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1. The Owner has notified the Provider and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Provider Default and has requested and attempted to
arrange a conference with the Provider 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 Provider and the Surety agree, the Provider 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 Provider Default: and
3,2, The Owner has declared a Provider Default and formally
terminated the Provider's right to complete the contract. Such
Provider Default shall not be declared earlier than twenty days
' after he Provider and he 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 provider 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 ta ke one of the following actions:
4.1. Arrange for the Provider, 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 providers: or
4.3. Obtain bids or negotiated proposals from qualified providers
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 he provider 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 Provider's defau It: or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new provider and with reasonable promptness under
the circumstances:
I. 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 to part,
without further notice the Owner shall be entitled to enforce any remedy
vailable to the Owner.
After the Owner has terminated the Provider's right b complete 4. 1,
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 Provider under he Construction Contract, and the
esponsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To he 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 Provider for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Provider's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. tuConsttruct on damages,
Contract, actual damages caused by e m delayed
performance or non - performance of the Provider.
7. he Provider that are lunrela unrelated hetConstruc on Contracts and the l Balance of
the Contract Price shall not be reduced or set off on account of any such
person or entity other than othe Owner or'its heirs, executors, administrators, tB t or
successors.
g. 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 Provider
Default or within two years after the Provider 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 Provider shall be mailed or
delivered to the address shown on the signature page.
11. When his 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 that this Bond shall be construed as deemed s atutory bincorporated d nd not eas a common nlaw
bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Provider under the Construction Contract after all
proper adjustments have been made, including allowance to the
Provider of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which
the Provider is entitled, reduced by all valid and proper payments
made to or on behalf of the Provider under he Construction
Contract.
12.2. Construction Contract: The agreement between the Owner and
the Provider identified on the signature page, g
Contract Documents and changes thereto.
12.3. Provider Default: Failure of the Provider, 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 Provider as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY —Name, Mdress and Telephone)
AGENT or BROKER: OWNER'S REPRESENTA TIVE (Architect, Engineer or other party)
00601 -2
EJCDC No. ugh the joint of Edition)
Prepared through thf America, American Institute of Architects, American Subprov ders Association, and the AommatteedeSpec Associated
General Providers o
Providers.
k,
r
u
i
i
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
2�� 15 � S Y r � r that as roviders
��r,.. � JV` ar.knnwledoe and as ee p
for the construction of the "PROJECT NAME ", that we have the sole responsibility for
compliance with all requirements of the Federal Occupational Safety and Health Act of
1970, and all State and Local Safety and Health regulations, and agree to indemnify and
hold harmless the City of Sunny Isles Beach, and Calvin, Giordano & Associates, Inc.,
Consulting Engineers against any and all legal liability or loss the District or the Engineer
may incur due to failure to comply
ATTEST
� -i
By
Title
DATE
END OF DOCUMENT
00650 -1
PROVIDER
03- 4122.E
I *
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
0, Issued and Published Jointly By
National Society of
Professional Engineers Im
AMERICAN CONSULTING Professional Engineers In Private Practice AMERICAN SOCIETY OF
ENGINEERS COUNCIL CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
i
1
� I
Construction Specifications Institute
bCorbfr�ciion
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 EICDC 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
EICDC No. 1910 -8 (1996 Edition)
AMERICAN CONSULTING ENGINEERS COUNCIL
'
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
'<
The Associated General - Contractors of America
i
1
� I
Construction Specifications Institute
bCorbfr�ciion
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 EICDC 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
EICDC No. 1910 -8 (1996 Edition)
[I
1
Copyright °1496
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washinrpton, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
ITABLE OF CONTENTS
ARTICLE I -
DEFINITIONS AND TERMINOLOGY ................... . .................
00700-6
'
1.01
1.02
Defined Terms .................... ...............................
Terminology ...................... ...............................
00700-6
00700-8
ARTICLE 2 -
PRELIMINARY MATTERS ............. ...............................
00700-9
2.01
2.02
Delivery of Bonds .............. . ... ...............................
Copies of Documents .. . ............. ...............................
00700-9
00700 - 9
2.03
Commencement of Contract Times; Notice to Proceed ..... . ....................
00700-9
2.04
Starting the Work . . .............. ............................... .
. 00700-9
2.05
Before Starting Construction ........... ...............................
00700-9
2.06
Preconstruction Conference ....... . ....................... . ..........
00700- 10
2.07
Initial Acceptance of Schedules ......... ...............................
00700- 10
ARTICLE 3 -
3.01
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....... . ............
Intent ......................... ...............................
00700- 10
00700- 10
3.02
Reference Standards ............... ...............................
00700- 10
3.03
3.04
Reporting and Resolving Discrepancies .... ...............................
Amending and Supplementing Contract Documents ...........................
00700-11
00700- 11
3.05
Reuse of Documents ................ ...............................
00700- 11
ARTICLE 4 -
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS ..............................................
00700- 11
4.01
......... ..........................
Availability of Lands .
00700- 11
4.02
Subsurface and Physical Conditions ...... ...............................
00700- 12
4.03
4.04
Differing Subsurface or Physical Conditions . ...............................
Underground Facilities .
00700-12
00700- 13
4.05
Reference Points .. . ............... ...............................
00700- 13
'
4.06
ARTICLE 5 -
Hazardous Environmental Condition at Site . ...............................
BONDS AND INSURANCE ............ ...............................
00700- 14
00700- 15
5.01
Performance, Payment, and Other Bonds .. ...............................
00700- 15
5.02
Licensed Sureties and Insurers ......... ...............................
00700-15
5.03
Certificates of Insurance .............
00700- 15
5.04
...............................
CONTRACTORSs Liability Insurance .
00700-15
5.05
OWNER's Liability Insurance .......... ...............................
00700-16
'
5.06
5.07
Property Insurance ............. ............................... � ...
Waiver of Rights
00700-16
00700-17
5.08
Receipt and Application of Insurance Proceeds ..............................
00700-18
5.09
Acceptance of Bonds and Insurance; Option to Replace ........................
00700-18
5.10
Partial Utilization, Acknowledgment of Property Insurer .
00700-18
ARTICLE 6 -
... • .............. • • • • •
CONTRACTOR'S RESPONSIBILITIES .
00700- 18
6.01
Supervision and Superintendence ......... ...............................
00700-18
'
6.02
6.03
Labor, • Working Hours ........... • .. ...............................
Services, Materials, and Equipment .
00700- 19
00700- 19
6.04
Progress Schedule ................. ...............................
00700- 19
6.05
6.06
Substitutes and "Or -E4=Ls " ........... ...............................
Concerning Subcontractors, Suppliers, and Others ............................
00700-19
00700 -20
6.07
Patent Fees and Royalties ............ ...............................
00700-21
6.08
Permits ........................ ...............................
00700-21
6.09
Laws and Regulations
- 22
6.10
Taxes ............ . ....:.. ..........................00700
00700 -22
6.11
Use of Site and Other Areas .............: ..........................
00700 -22
6.12
6.13
Record Documents ..................... r ..........................
Safety and Protection ............... ...............................
00700 -22
00700 -23
6.14
Safety Representative ............... ...............................
00700 -23
6.15
Hazard Communication Programs ........... .........................
00700 -23
00700-3
I
1
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 ................ ...............................
007()0-26
7.02
Coordination ... ............................... . ................
00700 -26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ..... . . ............................... . .
00700 -26
8.01
Communications to Contractor ......... ...............................
00700 -26
8.02
Replacement of ENGINEER ........... ...............................
()0700-26
8.03
Furnish Data .................... ...............................
00700 -26
8.04
Pay Promptly When Due ............. ...............................
00700 -26
8.05
Lands and Easements; Reports and Tests ... ...............................
()0700-26
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 ............................... . .......... . ..
()07()0-27
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 1 I -
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 CONTRACTOR'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 ...................... ...........................
00700 -34
13.03
e
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
Correction Period ................. ...............................
00700-35
13.08
13.09
Acceptance of Defective Work .......... ...............................
OWNER May Correct Defective Work ...........................
00700 -36
00700 -36
ARTICLE 14 -
• ........
PAYMENTS TO CONTRACTOR AND COMPLETION .
00700 -36
14.01
Schedule of Values ................. ...............................
00700 -36
14.02.
Progress Payments ........ ...............................
00700 -37
14.03
. ........
CONTRACTOR's Warranty of Title .
00700 -38
14.04
Substantial Completion .............. ...............................
00700 -38
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14.05
14.06
Partial Utilization ................. ...............................
Final Inspection .
00700 - 39
00700 -39
14.07
Final Payment ............... . ..... . ............................
00700 -39
14.08
14.09
Final Completion Delayed ............ ...............................
Waiver of Claims .................. ...............................
00700 -40
00700-40
ARTICLE 15 -
SUSPENSION OF WORK AND TERMINATION ............. . ..............
00700 -40
15.01
OWNER May Suspend Work ........... ...............................
00700 -40
15.02
OWNER May Terminate for Cause ..................
00700 -40
15.03
. ...............................
OWNER May Terminate For Convenience .
00700-41
15.04
CONTRACTOR May Stop Work or Terminate ...............................
00700-41
ARTICLE 16 -
16.01
DISPUTE RESOLUTION ............. ...............................
Methods and Procedures ........... ............................... . .
00700-41
00700-41
ARTICLE 17-
MISCELLANEOUS ......................... .......................
00700 -42
17.01
Giving Notice .................... ...............................
00700 -42
17.02
Computation of Times ...............
00700-42
17.03
...............................
Cumulative Remedies .
00700 -42
17.04
Survival of Obligations .............. ...............................
00700 -42
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17.05
Controlling Law ......... ............................... . ........
00700 -42
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
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. Otange 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
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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
erecommendation of final payment.
15. CONTRACTOR —The individual or entity with
whom OWNER has entered into the Agreement.
16. Cost of the Work- -See paragraph 11.0l.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 contract 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.
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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 of Award —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
mixed with other non- Hazardous Waste and crude oils.
34. Project—The total construction of which the
Work to be performed under the Contact 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.
F
37. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
I
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,
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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 nonengineenng
or nontechnical rather than strictly construction - related
aspects of the Contract Documents.
1.02 Terminology
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
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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.
I.
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 Times; 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. COMRACTOR's Review of Contract Documents:
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 Preconstruction 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 2.05.13, 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 aff 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),
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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 Contract 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
casements for permanent structures or permanent changes in
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 make a Claim
therefor as provided in paragraph 10.05.
00700-11
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
reiating 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.
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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 m6re 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.
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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
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 reasonable 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 cagineering surveys to
establish reference points for construction which in
EN61NEER'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
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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 Environmental 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 party 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
in(ficated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (a) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
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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
11 11
of paragraph 5.01.13, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.13 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 employer] by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
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;
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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
Supplementary Conditions;
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);
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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
snaking 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
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
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pursuant to paragraph 14.04, or after final 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 Ioss, 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 5.08.13
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
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in writing by any party in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
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 party 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
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
necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely
responsible for the means,. methods, techniques, sequences,
and procedures of construction;. but CONTRACTOR shall
not be responsible:: for the negligence of OWNER or
ENGINEER in the .design .or. specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
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
COYIRACTOR'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
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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 die 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. CONTRACTOR 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:
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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
di 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.B.
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 d'or.evaluating each such proposed
substitute.
F. CONMUOR'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
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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.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing . 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
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
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR-: shall. indemnify and hold harmless
OWNER,. ENGINEER, ENGDMER's Consultants, and the
officers,- directors,. partners, _employees or 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
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." Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
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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 :Other 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 parry
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.
12 Record Documents
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A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
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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 ENGINEER'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,
Supplicr, 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 be 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.
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B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
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. Resubmittal 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. 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
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as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General lVarranty 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.
1 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 indemnification-.obligations of CONTRACTOR
under paragraph 6.20.A, shall not extend to the liability of
ENGINEER and ENGINEER'4 Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
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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 is the primary cause of the injury or
damage.
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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 render 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
A'. OWNER's duties in respect of providing lands and
easements 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
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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 C7=ge Orders
A_ OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
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.
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.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
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 withoutlimitation, _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 Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
76-107311M
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.
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 or CONTRACTOR ' And 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
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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 Accordance 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 taws 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
appliciible 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 10.05.13, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after 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 I1 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Inchided: 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
CONTRACT OR 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.
ii.�YZi:�>�cfi]
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
Aiscounts 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 to
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 facili-
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, Ioading, 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-
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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,
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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 5.06.1)),
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 o-I' the Work shall
not include any of the following items:
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 11.0i.A.1 or specifically
covered by paragraph 11.01 A.4, all of which are to be
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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
delinquent 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.
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.B.
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
11.0I.A and 11.01.13, CONTRACTOR will establish and
m inLain 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, ar<i 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:
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.
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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
12.0l.B.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. CONTRACTOR'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 11.0I.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.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
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fixed fee is agreed upon, the intent of paragraph
12.01.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 I1.0l.A.4, I1.01.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 12.0 L 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 MUestones) 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 as contemplated by
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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 13.03.1) 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
desfgns, 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.
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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 =and replace any damage to
other.--Work, to the _ works-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
costs 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
00700 -35
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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
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
as a substitute for or a waiver of the provisions of any paragraph.
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
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 tinder 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.
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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 final 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, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
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.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent - ispections or tests,
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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;
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
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.
X1'1 11
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
tenutive 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-
revise or revoke any such payment recommendation
OWNER shall promptly pay CONTRACTOR the
previously made, to such extent as may be necessary in
amount so withheld, or any adjustment thereto agreed to
ENGINEER's opinion to protect OWNER from loss
by OWNER and CONTRACTOR, when CONTRAC-
because:
TOR corrects to OWNER's satisfaction the reasons for
'
a. the Work is defective, or completed Work
such action.
has been damaged, requiring correction or replace-
3. If it is subsequently determined that OWNER's
'
ment;
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
b. the Contract Price has been reduced by
determined by paragraph 14.02. C. 1.
Written Amendment or Change Orders-,
14.03 COA7RACTOR's Warranty of Tittle
1
c. OWNER has been required to correct
defective Work or complete Work in accordance
A. CONTRACTOR warrants and guarantees that title
'
with paragraph 13.09; or
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
d. ENGINEER has actual knowledge of -the
or not, will pass to OWNER no later than the time of
occurrence of any of the events enumerated in para-
payment free and clear of all Liens.
graph 15.02.A.
14.04 Substantial Completion
C. Payment Becomes Due
A. When CONTRACTOR considers the entire Work
1. Ten days after presentation of the Application
ready for its intended use CONTRACTOR shall notify
for Payment to OWNER with ENGINEER's recom-
OWNER and ENGINEER in writing that the entire Work is
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.13) become due, and when
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
due will be paid by OWNER to CONTRACTOR.
issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
D. Reduction in Payment
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
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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;
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
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.
X1'1 11
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
tenutive 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-
F�
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
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.B.7; (ii) consent of the
surety, if any, to final payment; and (iii) complete And
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 (i) 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
rxsponsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in full, CONTRACTOR- may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien. I
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 shat, 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
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 `'York 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
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 -with 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
s 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
e
J
1
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 finish 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
ali 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 COAT RA 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 onotherpublic-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 finally 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 expenses or damage
directly attributable to .CONTRACTOR'S = stoppirig,.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 t$ay otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700-41
7
ARTICLE 17 - MISCELLANEOUS
17.01 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
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
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.
00700 -42
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SECTION 00800
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 1.28 Notice of Award
Notice of Award may be issued by the ENGINEER."
Add the following sentence to 1.29 Notice to Proceed
Notice to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.50:
"When requested by OWNER, the
"When requested by OWNER, the
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.
' ARTICLE 2 - PRELIMINARY MATTERS
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, PROVIDER shall, prior to
commencement of the Work, submit evidence satisfactory to OWNER that such bonds will
be furnished."
In the first line of Paragraph 2.02., change the term "...ten..." to read "...six... ".
' Delete Paragraph 2.03. and replace with the following:
2.03. The date of commencement of the Work is the date established in a Notice to
' Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER - PROVIDER
Agreement or such other date as may be established therein.
02/06 00800 -1 03-4122.E
Add the following to Paragraph 2.05.:
D. PROVIDER 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, PROVIDER 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 4.02.8., 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...1 "..., 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."
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 provider'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:
02/06 00800 -2 03- 4122.E
1. State Statutory
2. Applicable Federal
(e.g. Longshoreman's) Statutory
and /or Maritime)
3. Employer's Liability $ 100,000.00
b. Provider'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 Provider:
1 . General Aggregate
(Except Products -
Completed Operations) $ 1,000,000.00
2. Products - Completed
Operations Aggregate S_ 1,000,000.00
3. Personal and Advertising
Injury (Per Person/
Organization) $ 1,000,000.00
4. Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000.00
5. Property Damage liability insurance will provide
Explosion, Collapse and Underground coverages
where applicable.
6. Excess Liability
General Aggregate $ 1,000,000.00
Each Occurrence $ 1,000,000.00
C. Automobile Liability under paragraph 5.4.6:
1. Bodily Injury:
Each Person
Each Accident
Property Damage:
02/06 00800 -3
$ 1,000,000.00
$ 1,000,000.00
03-4122.E
I I
Each Occurrence
•'
$ 1,0001000.00
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 Provider's General Liability Policy.
Add the following names:
OWNER - City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ENGINEER - Calvin, Giordano & Associates, Inc.
Engineers, Planners & Surveyors
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
OTHER -
The additional liability coverage for ENGINEER is not to be construed as to requiring, in any
way, that either OWNER or PROVIDER be obligated to supply insurance protecting
ENGINEER for its liability emanating from professional errors or omissions.
In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for PROVIDER's promises are:
a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's
employees to PROVIDER, receipt whereof is hereby acknowledged and the
adequacy of which PROVIDER 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 PROVIDER into the construction contract because,
but for PROVIDER's promises as contained in the General Conditions,
OWNER would not have entered into the construction contract with
PROVIDER.
Add the following after Paragraph 5.06.E:
F. The form of policy for this coverage shall be Completed Value.
02106 00800 -4
03-4122.F
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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 of the full amount of
the deductible in the event of a paid claim.
ARTICLE 6 - PROVIDER'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:
6.08.A. The OWNER will secure and pay for only the following governmental charges and
inspection fees:
a. special assessments,
b. 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.B. PROVIDER 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.
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 6.13.13, 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 Provider or subprovider 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."
02/06
03-4122.E
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.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.03. TEST AND INSPECTIONS:
Replace 13.03.13. with "All testing shall be paid for by the Provider."
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 providers
general warranty. PROVIDER shall not be relieved of general warranty obligations by the
specification of specific products or procedures."
13.09. OWNER MAY CORRECT DEFECTIVE WORK:
Change the first line from:
If Provider fails within a reasonable time after written notice of Engineer...
To read:
If Provider fails within ten (10) calendar days after written notice of Engineer...
ARTICLE 14 - PAYMENTS TO PROVIDER 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, ..
Add 14.02.A.4: "An original Partial Release of Lien is required from the General Provider
along with the application for Payment No. 1 and for each subsequent application
thereafter. For each application for payment (excluding Application No. 1) the Provider
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 ".
In Paragraph 14.02.B., change the beginning of the sentence from "Ten days..." to read
"Forty -five days... ".
' In the first sentence of Paragraph 14.05.A.2., following the word "...Work... insert the
words "...or to place and install equipment... ".
I
02/06 00800 -6 03 -4122. E
At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the
Owners and governing agencies."
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.B., 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, and court costs)...".
ARTICLE 16 - DISPUTE RESOLUTION
Delete in its entirety.
ARTICLE 17 — MISCELLANEOUS
Add 17.05.13: "The ven ue for any cause of action shall be Miami -Dade County."
END OF DOCUMENT
00800 -7 03 -41 22.E
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SECTION 00900
Addendum to be Inserted Here
(;;, C,(� 900 -1 03- 4122.E
PART 1 - GENERAL REQUIREMENTS
1.01 General
in accordance with requirements of the Contract Documents.
Provide signage contract, coordinate all work and meet all
Fabricator must perform as required by
' ator representative required to coordinate all scheduling with
schedules. Fabric erate fully with the Client and Designer to
Client. Fabricator is expected to coop letion /delivery of the signage
prompt and accurate comp suppliers of
expedite, facilitate the p engage outside of his
elements. He or she shall coordinate with Engineer/owner cton
eleme ineer
equipment and services which the Eng
contract.
1.02 Pre - Construction Requirements o er channels for coordination.
Contractor to establish final specifications and proper
Representative.
Contractor to p rovide all samples requested by Designer/Client
1.03 Submittals by Fabricator
Shop Drawings for approval by Designer/Client. shape, imensions,) finishes,
A. Submit p all materials, shapes,
details of fabrication including
design loads, anchorage, and method of conan� 1Osubmitted toll Designer °for
of letter forms. All sign faces to be laid out
Approval.
B. Samples paint and materials as specified by
Fabricator must match
paint sample custom
Designer. Each p le on suitable substrate shall be submitted to
Designer prior to the commencement of fabrication.
Submit three (3) sets
for review /approval by Client and Designer) of
n
returnable samples of each custom color, material or finish as specified
these design documents.
C. Electrical Files le /Mac format.
The Designer shall provide electronic files in an Apple/Mac
of the job.
Fabricator to purchase proper type faces for the comp
it is ex ected that the awarded firm will hae NOTbequ� are and
Because P ed
a computer to open files, full size patterns of signs are
lementa Product Literature (not part of this contract)
D. Supp ry
The Fabricator will furnish Designer /Cli duct to be used in the Work-
describing the general properties of each product
E
02106
1.04
E. Structural Calculations engine calculations to show stem
maximum stress and deflection o
Submit for information. Furnish eng support system
requirements under full design
of sign elements and sign sup s
do not exceed specified performance h windload
loading. Sign structure shall be calculated to withstand 150mp aide. Any
The sizes proposed by the designer are only to be used ghall be submitted to
changes or modifications to the design oo ef the
ommencement of fabrication
designer for approval prior drawings by
Calculations shall be prepared and seal affixed to Shop
engineer licensed in the State of Florida. Fabricator's original
F. Extra Materials Deliver extras hardware installation ►materials, inserts, etc.,
packing, touch up paint, lamp
as may be required.
Quality Assurance
I with applicable requirements of the laws,
A. Regulatory Requirements Comply and Municipal
codes, ordinances, and regulations of International' anld permit for all
authorities having jurisdiction. Obtain necessary approvals
such authorities. (No Permits are required for this Project)
B. Markings a
nd Labels No labels or markings are to be locate markings a used unl dens require cations bo
authorities per code. If necessary, to Designer /Client.
as to be concealed from public view and as acceptable
NOTE: All signs /p
osts are to be delivered to the City of Sunny Isles Beach and
not be installed by the Successful Bidder.
C. General responsible for hiring, compensating, and coordinating
1. The Fabricator is be required to
all sub - contractors in thabricator shall trades
be be responsible for the quality of
construct the Work. The F firm or individual who acts
all materials and workmanship of any
subcontractor.
performed by skilled craftsmen under
All work under this Contract shall in the trade or craft required
supervision of trained foremen, experienced duce products of high quality. The
to accomplish the Work and p for a
Fabricator shall guarantee all materials ofn acceptance nofi Work by
F eriod after date
Designer /Client specified p
Designer /Client.
02106
2
03- 4122.E
s shall have precedence over scaled
responsible for all
2. Written dimensions on drawing details must
dimensions. Fabricator shall oven byvthese drawings. r Shop
dimensions and conditions shown
be approved by Designer /Client prior to fabrication.
Fabricator in writing of any
3. DesignerlClient sbe
and /oIr'changes required in construction details.
discrepancies in drawings
not manufacture, reproduce, or exhibit these designs, or
4. Fabricator may purpose outside of this current contract without
modify them for any other pure
written approval of Designer/Client.
1.05 Warranty
Submit for Designer /Client's documentation. , s fined bytthe
A. Signing Warranty Designer/Client, ner /Client, of two () years
warranty, as specified by g lace Work which has failed as a result of
Fabricator, agreeing to repair or rep
materials or workmanship. Upon notification of such defects within
defects in ma make necessary repairs or replacement at the
the warranty period,
convenience of the Designer /Client.
1.06 Maintenance
and operating
describing e Work. Include
ng Manuals Submit for Client's documentation. procedures
es
A. Maintenance the materials, and p als, devices
Furnish complete manual
erating, cleaning and maintaining th
to be followed in op arts lists describing the actual materials used in
s, finishes, and other major components.
Fabricator's brochures and p
the Work, including metal alloy to binders identified for each
Assemble manuals for component parts into sing
system.
PART 2 - PRODUCTS
2.01 Sign Materials
Not Applicable)
A. Adhesives ( n items shall be as manufactured y
Silicone adhesive used for installi o sequal. Poly foam or "Isotac" contact
General Electric, Dow Corning, 3 M shall be used in conjunction with
adhesive tape, manufactured by in minimum thicknesses
Silicone adhesives for installation of wall signs,
available. (Not Applicable)
B. All specified
metals stainless steel and aluminumll shell smooth free for
of
ornamental architectural work. ion Alloy urfA finish shall be selected to meet the
extrusion marks or imperfec
structural requirements of the specific application.
c
02106
03- 4122.F
Structural metal for concealed framing shall be of hot or cold rolled steel or
structural aluminum as required to properly satisfy sign engineering
specifications.
C. Foam Tape (Not Applicable)
Provide polyurethane foam tape or "Isotac" laminate tape as manufactured by
3M® or equivalent, applied to sign components as required, non - visible.
D. Hardware /Hinges
Provide and install all incidental hardware necessary for the proper
functioning of the signs, including but not restricted to materials and products
covered in this section.
Provide stainless steel or brass hinges for all hinged access panels,
depending on material or access door. Provide pin tumbler locks for all
access panels requiring locks. Provide stainless steel fasteners for
assembling ferrous and nonferrous metals.
E. Insulation
Separate all ferrous and nonferrous metals with nonconductive gaskets to
prevent electrolysis. In addition, to gaskets, provide stainless steel fasteners
for same case.
F. Plexiglass or Acrylic Plastic (Not Applicable)
Shall be continuous manufactured /extruded acrylic or UV polycarbonate
lexan, appropriate for interior or exterior applications as required. All plastics
shall be of uniform color, translucence and illumination, as supplied by
Fabricator. No visible seams are permitted. Minimum allowable thickness is
3mm thick, unless otherwise noted on drawings. All beveled edges, where
noted, are to be polished. (Not Applicable)
H. Glass (Not Applicable)
Unless otherwise specified, all glass to be clear. See Working Drawings for
thicknesses. Designer /Client to approve sample for color. All edges are to be
free from sharp edges and polished, unless otherwise specified.
ADA Plaques (Not Applicable)
Graphics: Tactile copy and Braille to be raised 1/32 inch min. from plaque.
Graphics to comply with relevant ADA regulations and the requirements
indicated for size, style, spacing, content, position and colors. Material used
for plaques shall be JET@ photopolymer only. Any plaques exposed to
exterior weather elements shall be exterior grade JET® photopolymer. An
equivalent may be used, although at this time, known alternatives do not meet
Designer's requirements for durability under extreme conditions and paint
adhesion. Integral and fully compliant Braille with no raster beads allowed.
02/06 4 03-4122.E
Computerized Braille 2 translations of sign copy to be the responsibility of the
Fabricator.
J. Finishes
All paint finishes tobe Powdercoated satin /eggshell finish not to exceed 18%
gloss.
Tiger Drylac USA as applied by SAF or Equivalent Finish on exposed
surfaces.
1) Electrostatic applied polyester powder coating based on Tiger - Drylac
USA, Inc., TIGER -Drylac Series 28 Powder Coating applied by Southern
Aluminum Finishing Co, Inc. or equivalent.
SINCE ALL UNITS WILL BE PLACED ALONG SEASHORE, Use the
following Powder coating application procedure:
Finish coat: Two coats of powder coating based on Polyester for
commercial architecture. Coat twice to obtain minimum 3.5 -5 mils
thickness on edges and corners.
2) Cure first coat between 3927 (200'C) for 5 minutes and 3567 (180'C)
for 10 minutes.
3) Cure second coat between 392'F (200'C) for 22 minutes and 356'F
(180'C) for 35 minutes.3) Measure temperature at substrate.
2.02 Fabrication of Signs and Supports
A. Quantities
Sign fabricator to co- ordinate with Client for the delivery and safe storage of
all signs.
B. General
Provide custom manufactured sign assemblies, components completely
fabricated and finished at factory before delivery to site. Construct to accurate
detail and dimensions as shown and as reviewed on shop drawings. Fit and
assemble the Work at the shop to the greatest extent possible and mark the
components as required to facilitate assembly during installation. Exposed
fasteners on finished faces will not be allowed, unless specifically indicated.
Waviness and oil canning of surfaces is not acceptable. Minimum material
thickness is to be 1/8" unless otherwise noted or accepted by Designer /Client.
C. Lettering
Letterforms having rounded positive and negative corners, nicked, cut, or
ragged edges are not acceptable. Align letterforms to maintain a baseline
parallel to the sign format. Maintain margins as indicated on Drawings.
02/06 5 03- 4122.E
Fabricator to utilize specified fonts, digitally produced. No hand cut lettering.
D. Seams and Joints
Welded joints shall be ground, filled and finished flush and smooth with
adjacent work. Such seams shall be invisible after final finish has been
applied. Spot welded joints shall not be visible on exterior of signs after final
finish has been applied. No gaps, light leaks, waves, or oil canning will be
permitted in Work.
E. Metal Signs and Supports
Fabricate exposed surfaces uniformly flat and smooth, without distortion,
pitting, or other blemishes. Form exposed metal edges to a smooth radius.
Grind exposed welds and rough areas to make flush with adjacent smooth
surfaces.
F. Welding
Make welds continuous. Comply with American Welding Society, Aluminum
Association, and Copper Development Association standards or equivalent,
for the type of metal. Provide the alloy and type required for strength,
workability, compatibility and color match after grinding smooth and finishing
the fabricated product.
G. Fasteners
Provide tamper -proof bolts, nuts, screws, washers, anchors, and other
devices required to complete the work. Use same basic metal alloy as the
metal fastened, and finished to match color and texture. Use stainless steel
300 series alloy where joining dissimilar materials and weather seal. Use
exposed fasteners only where indicated. Perform drilling and tapping at shop.
Provide adhesive, sealant, and other necessary materials as specified by
Designer /Client.
H. Dissimilar Materials
Where metal surfaces will be in contact with dissimilar materials, coat the
surfaces with epoxy paint or provide other means of dielectric separation as
recommended by Fabricator to prevent galvanic corrosion, separate all
ferrous and nonferrous metals with nonconductive gaskets, provide stainless
steel fasteners to secure ferrous to nonferrous metals.
I. Hardware
Provide all incidental hardware necessary for the proper functioning of signs.
External hardware shall conform to the external appearance of the sign, and
be tamper - proof. All hardware to be stainless steel non - oxidizing material
J. Castings Exposed surfaces uniformly free from porosity and roughness.
Edges filled and ground smooth. Faces chemically etched and mechanically
polished for specified finish.
02/06 6 03-4122.E
0
K. Galvanizing Provide for steel components in exterior construction, and where
noted to be galvanized. Complete the shop fabrication prior to application of
the zinc coating. Remove mill scale and rust, clean and pickle the units as
required for proper pretreatment of the surfaces. (Not Applicable)
L. Removeability
As an aspect of "Hurricane Readiness," and modularity, all sign posts must
slide into a concealed "female" post and secured with a cotter pin assembly.
See drawing for specifics but note that this must be underground and out of
public eyesight.
2.03 Shop Application of Sign Finishes (see section 201 -J)
A. Paint Finishes
Clean the surfaces as required for proper adhesion of coatings and
chemically treat as recommended by paint Fabricator to remove deleterious
film or residue.
2.04 Artwork
A. Unless noted, assume that Designer will supply electronic files for each sign
type. It will be the responsibility of the Fabricator to layout the sign type in
drawing form and present to the Designer /Client for approval.
B. Letter and word spacing shall follow the format established by electronic file
examples.
C. All artwork and text to be produced by digital or mechanical means, to the
standard of typical artwork provided.
D. All artwork remains the property of the Designer and shall be returned to
the Designer immediately after the completion of fabrication.
2.05 Application of Graphics
A. Silk screened /Frisket Images and Typography Provide photo processed
screening, arranged to furnish sharp and solid images without edge buildup or
bleeding of the coating. Pattern cut screens may be used for non - repeat copy,
provided that final image copy is equal to photo screen quality. Provide only
weather resistant coating materials, compatible with the intended substrates.
B. Computer -cut Vinyl and Pattern -Cut Graphics (Not Applicable) Use pressure
sensitive, non - yellowing, non - peeling and weather resistant vinyl adhesive
letters or images computer cut from high quality vinyl as manufactured by 3M
02/06 7 03- 4122.E
SECTION 00020
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
sealed bids for the following work as specified.
BEACH ACCESS SIGNS
CGA Project No. 03- 4122.E
City of Sunny Isles Beach Bid No. 06 -01 -02
Sealed bids for the construction of the Beach Access Signs consisting of the furnishing
and installation of Beach Access Signs in accordance with requirements of the Contract
Documents 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 Tuesday, March 7, 2006 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.
Bidders may obtain complete sets of Bidding Documents from the City of Sunny Isles
Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at no cost. Partial
sets of Bidding Documents will not be available.
Bidding Documents may be examined at the City of Sunny Isles Beach, at the above -
referenced address.
Bid security in the amount of five percent (5 %) of the Total Bid or $5,000.00, whichever
is less, 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 c/o Calvin, Giordano &
Associates, Inc. at (954) 921 -7781.
Jane Hines, CMC
City Clerk
City of Sunny Isles Beach
02/06 00020 -1 03-4122.E