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Home My WebLink AboutAddendum No. 3 Addendum No.3 CITY OF SUNNY ISLES BEACH Design and Construction of Canopy Structures at Heritage Park and Golden Shores Park CITY RFP NO. 11-10-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. )0> Supplemental Provisions (attached). )0> Request for Clarification: o The CD I have has drawings for Heritage Park and Parking Garage on it (everything from landscape, civil, architectural, plumbing to electrical, all the divisions) but no shade canopies. It has the landscape drawings for Heritage Park on it but the sheet that is supposed to show the shade canopy (sheet LS.511) is missing from this set. In the landscape drawings sheet LS.505 has an elevation of a fabric canopy shade structure but nothing else. The landscape drawings also has 2 playgrounds on it but no dimensions. I expected to see a CD with bid requirements, bid form and drawings and specifications for the above Parks (Heritage Park and Golden Shores Park). The Drawings are for the Heritage Park plans for reference ONLY. The Proposer is requested to provide a proposal for a turn-key design/permit/build project. The drawings shall be produced by the Proposer in accordance to the RFP. END OF SECTION Friday, October 28,2011 City of Sunny Isles Beach Supplemental Provisions THIS PAGE INTENTIONALLY LEFT BLANK 2 TABLE OF SUPPLEMENTAL PROVISIONS PAGE 1. DEFINITIONS........................ ................................................................................................. SP/5 1.1 Basic Definitions.. ............... ... ..... ............................ ... ....................... ....... ...... ................ SP/5 1.2 Specifications and Drawings......................................................................................... SP/5 1.3 Required Provisions Deemed Inserted.......................................................................... SP/6 2. CITY .................................................................................................................................... ... SP /6 2.1 City's Right to Carry Out the Work ........................................................................... SP/6 3. CONTRACTOR ............. ......... ............. ...................... ......... ....... ...... ....... ... ... ....... ...... ............ ...... SP/7 3.1 Contractor's Warranty.................. .......................................... .................................. .... SP/7 3.2 Supervision and Construction Procedures .................................................................... SP/8 3.3 Use of Site..................................................................................................................... SP/11 3.4 Review of Contract Documents and Field Conditions by Contractor........................... SP/12 3.5 Cleaning and Removal................................................................................................. SP/12 3.6 Materials, Labor, and Workmanship............................................................ . ......... SP/12 3.7 Approved Equal ........................................................................................................ SP/13 3.8 Shop Drawings, Product Data and Samples............................................................. SP/14 3.9 Record Drawings ........................................................................................ ............. SP/15 3.10 Operating Instructions and Service Manual............................................................... SP/16 3.11 Contractor's Construction Schedules........................................................................ SC/16 4. ADM IN ISTRA TION OF THE CONTRACT........................ ................................... ....... ................ SC/17 Intentionally Omitted 5. CHANGE ORDERS...... .... ....... ....... ............. ...... ......... ......... ..... ..................... ... ..... .......... ............. SP/20 6. TIME .. .............. ....... .................................... ............... ...... ... ....... ...... ....... ........ .... ........ ,.. .......... .... SP/21 6.1 Progress and Completion ............................................................................................. SP/21 6.2 Delay in Completion ..................................................................................................... SP/21 6.3 Liquidated Damages .................................................................................................... SP/22 7 . PAYMENTS AND COMPLETION .............................................................................................. SP/22 7.1 Commencement, Prosecution and Completion ........................................................... SP/22 7.2 Contract Sum ................................................................................................................. SP/23 7.3 Schedule of Values ....................................................................................................... SP/23 7.4 Applications for Payment................................................................................. ............. SP/23 7.5 Decisions to Withhold Approval ................................................................... ................ SP/23 7.6 Failure of Payment........................................................................................................ SP/24 7.7 Substantial Completion........................................................................................... ....... SP/24 7.8 Final Completion and Final Payment........................................................................... SP/24 8. BON OS .... ...... ....... ....... ...... ..................... .......... ... ...... ......... ....... ........ ..... ............... ......... ...............SP/25 8.1 Bonds..................................................................................................................... ..... SP/25 3 9. UNCOVERING AND CORRECTION OF THE WORK ................................................................. SP/25 9.1 Uncovering of the Work .................................................... ....................................... SP/25 9.2 Correction of the Work .............................................................................................. SP/26 9.3 Acceptance of Nonconforming Work................................. ...:.:.................................... SP/26 10. MISCELLAN EOUS PROVISIONS .. ........ ..... ....... ......................... ............. ....... .................... ...... SP/26 10.1 Written Notice................................. .................... .......................................................... SP/26 10.2 Rights and Remedies....................... ....... ................... ................... ................ ............... SP/27 10.3 Tests and Inspections ................................................................................................. SP/27 10.4 Records......................................................... ....... ........................................... SP/27 10.5 Codes and Standards................................................................. ................................. SP/27 4 SUPPLEMENTAL PROVISIONS 1.1 Definitions As used in the Contract Documents, the following additional terms shall have the meanings and refer to the parties designated in these definitions. 1.1.1 AlE When the term "AlE" is used herein, it shall refer to the Architect of Record or the Engineer specified and defined by the City. Communications to the AlE or any City representatives shall be copied to the address shown in the Contract for Construction. 1.1.2 Acceptance Acceptance shall mean that all of the work required by the Contract or individual work orders issued are fully executed and completed in accordance to the Construction Documents and permit requirements so that no work remains to be completed. This shall require and include that all close-out documentation be fully completed, submitted, and approved. 1.1.3 City The Mayor, City Commission, City Administration and/or the Office of the City Attorney of the City of Sunny Isles Beach, Florida. 1.1.4 City's Representative The City's Representative is authorized by the City as the administrator of the Service Contract and will represent the City during the progress of the Work. Communications from the AlE (when part of the project) to the Contractor and from the Contractor to the AlE shall include the City's Representative, unless otherwise indicated in the Service Contract. 1.1.5 Day The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 1.1.6 Close-out Documents The term "close-out" refers to the completion of the project prior to project finalization. It requires the submission by the Contractor of all pertinent project forms and documents acceptable to the City inclusive of product illustrations and approved Submittals, original manufacturer warranties with dates as of substantial completion by the Contractor, contractor's warranties, colored copies of finalized permits, operation and maintenance manuals for equipment, list of subcontractors information per trade inclusive of company name, address, telephone and a business card per subcontractor or material supplier. 1.2 Specifications and Drawings 1.2.1 The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction system, standards and workmanship and performance of related services for the Work identified in the Contract for Construction. Specifications are separated into titled divisions for convenience of reference only. Organization of the Specifications into divisions, sections and articles, 5 and arrangement of Drawings'shall not control the Contractor in dividing the Work among Subcontractors orin establishing the extent of Work to be performed by any trade. Such separation will not operate to make the City or the AlE an arbiter of labor disputes or work agreements. The specifications have been provided within the drawings for the project. 1.2.2 The drawings herein referred to, consist of drawings prepared by the AlE and are enumerated in the Cor:tract Documents. 1.2.3 Drawings are intended to show general arrangements, design, and dimensions of work and are partly diagrammatic. Dimensions shall not be determined by scale or rule. If figured dimensions are lacking, they shall be supplied by the AlE on the Contractor's written reQuest to the City's Representative. 1.2.4 The intent of the Contract Documents is to include all items neo'!ssary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complimentary, and what is required by one shall be as binding as if required by all; performance 'by the Contractor shall by required only to the extent consistent with the Contract Documents and reasonably inferable from them as being 'lElCessary to produce the intended results. 1.2.5 I n the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and applicable standards, codes and ordinances, the Contractor shall (1) provide the better quality or greater quantity of Work or (2) comply with the more 'stringent requirement; either or both in accordallce with the City's Representative's interpretation. On the Drawings, given dimensions shall take precedence..over scaled measurements, and large scale drawinQs over small scale drawings. Before ordering any materials or doing any Work, the Contractor and each Subcontractor shall verify measurements at the Work site and shall r.e responsible for the correctness of sucn measurements. Any difference which may be found shall be submitted to the City's Representative and AlE for resolution beforE- proceeding with the Work. If a minor char:ge in the Work is found necessary due to a'.:tual field conditions, the Contractor shall submit detailed drawings of such departure for the approval by the City's Representative and AlE before making the change. 1.2.6 Data in the Contract Documents concerning lot size, ground elevations, present obstructions' un or near the site, locations and depths of sewers, cunduits, pipes, wires, etc., position of sidewalks, curbs, pavements, etc., and nature of ground and subsurface conditions have been nbtained from sources the AlE believes relic1ble, but the AlE and City do not represent or warrant that this information is accurate or complete. The Contractor shali verify such data to the extent possible through normal construction procedures,'includin::; but notlimited to contacting utility City's and b; prospecting. 1.2.7 Only work ir:f:!uded in t;le Contract Documents is authorized, and the Contractor shall do no work othe, than that described therein and incidental to the completion of the Work. 1.2.8 Execution of the Contract by. the Contractor is a representation that the Contractor has visited the si~€, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. "Cont,actc represents that it has performed its own investigation and examinatior of the Work site and its surroundings and satisfied itself before entering into this Contract ;~s to: . con):ti'.)!;s b~~1ring upon transportation, disposal, handling, and storage of matGr:iais: 6 . the availability of labor, materials, equipment, water, electrical power, utilities and roads; . uncertainties of weather, flooding and similar characteristics of the site; . conditions bearing upon security and protection of material, equipment, and Work in progress; . the form and nature of the Work site, including the surface and sub-surface conditions; . the extent and nature of Work and materials necessary for the execution of the Work and the remedying of any defects therein; and . the means of access to the site and the accommodations it may require and, in general, shall be deemed to have obtained all information as to risks, contingencies and other circumstances. The City assumes no responsibility or liability for the physical condition or safety of the Work site or any improvements located on the Work site. The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The City shall not be required to make any adjustment in either the Contract Sum or Contract Time concerning any failure by the Contractor or any Subcontractor to comply with the requirements of this Paragraph. 1.3 Required Provisions Deemed Inserted 1.3.1 Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted therein, and the Contract shall be read and enforced as though it were included therein; and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the written application of either party the Contract shall forthwith be physically amended to make such insertion or correction. PROVISION 2 CITY 2.1 City's Right to Carry Out the Work 2.1.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a seven (7) day period after receipt of a written notice from the City to correct such default or neglect, the City may, without prejudice to other remedies the City may have, correct such default or neglect. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the AlE's additional services and expenses made necessary by such default or neglect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to City. 2.1.2 In the event the Contractor has not satisfactorily completed all items on the Punch List within thirty (30) days of its receipt, or by the Final Completion Date, whichever is latest, the City reserves the right to complete the Punch List without further notice to the Contractor or its surety. In such case, City shall be entitled to deduct from payments then or thereafter due the Contractor the cost of completing the Punch List items, including compensation for the AlE's additional services. If payments then or thereafter due Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to City. 7 PROVISION 3 CONTRACTOR 3.1 Contractor's Warranty 3.1.1 The Contractor warrants all equipment and materials furnished, and work performed, under this Contract, against defective materials and workmanship for a period of 1 year after final acceptance as provided in the Contract, unless a longer period is specified, regardless of whether the same were furnished or performed by the Contractor or any Subcontractors of any tier. Upon written notice from the City of any breach of warranty during the applicable warranty period due to defective material or workmanship, the affected part or parts thereof shall be repaired or replaced by the Contractor at no cost to the City. Should the Contractor fail or refuse to make the necessary repairs, replacements, and tests when requested by the City, the City may perform, or cause the necessary work and tests to be performed, at the Contractor's expense, or exercise the City's rights under the Contract. The Contractor and Surety guarantee and warrant to the City all work as follows: . that all materials and equipment furnished under this Contract will be new and the best of its respective kind unless otherwise specified; . that all Work will be of first class quality and free of omissions and faulty, poor quality, imperfect and defective material or workmanship; . that the Work shall be entirely watertight and leak proof in accordance with all applicable industry customs and practices, and shall be free of shrinkage and settlement; . that the Work, including but not limited to, mechanical and electrical machines, devices and equipment, shall be complete systems, fit and fully usable for its intended and specified purpose and shall operate satisfactorily with ordinary care; . that consistent with requirements of the Contract Documents the Work shall be installed and oriented in such a manner as to facilitate unrestricted access for the operation and maintenance of fixed equipment; and . that the Work will be free of abnormal or unusual deterioration which occurs because of poor quality materials, workmanship or unsuitable storage. All Work not conforming to guarantees and warranties specified in the Contract Documents, including substitutions not properly approved and authorized, may be considered defective. If required by the Design Consultant, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. If, within one (1) year after the Date of Final Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective, not in accordance with the Contract Documents, or not in accordance with the guarantees and warranties specified in the Contract documents, the Contractor shall correct it within five (5) working days or such other period as mutually agreed, after receipt of a written notice from the City to do so. The City shall give such notice with reasonable promptness after"discovery of the condition. No time extensions will be given for the correction of defective work. 3.1.2 Should one or more defects appear within the specified period, the City shall have the right to continue to use cr operate the defective part or apparatus until the Contractor makes repairs or replacements or until such time as it can be taken out of service without loss or inconvenience to the City. 8 3.1.3 The above warranties are not intended as a limitation, but are in addition to all other express warranties set forth in this Contract and such other warranties as are implied by law, custom, and usage of trade. The Contractor, and its surety or sureties, if any, shall be liable for the satisfaction and full performance of the warranties set forth herein. 3.1.4 Neither the final payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the City, nor expiration of warranty stated herein, will constitute an acceptance of Work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any responsibility for non-conforming work. The Contractor shall immediately remedy any defects in the Work and pay for any damage to other Work resulting there from upon written notice from the City. Should the Contractor fail or refuse to remedy the non-conforming work, the City may perform, or cause to be performed the work necessary to bring the work into conformance with the Contract Documents at the Contractor's expense. 3.1.5 The Contractor agrees to defend, indemnify, and save harmless the City of Sunny Isles Beach, their Officers, Agents, Employees and Volunteers, from and against all loss or expense from any injury or damages to property of others suffered or incurred on account of any breech of the aforesaid obligations and covenants. 3.2 Supervision and Construction Procedures 3.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract. The Contractor shall supply sufficient and competent supervision and personnel, and sufficient material, plant, and equipment to prosecute the Work with diligence to ensure completion thereof within the time specified in the Contract Documents, and shall pay when due any laborer, Subcontractor of any tier, or supplier. 3.2.2 The Contractor, if an individual, shall give the Work an adequate amount of personal supervision, and if a partnership or corporation or joint venture the Work shall be given an adequate amount of personal supervision by a partner or executive officer, as determined by the City's Representative. 3.2.3 The Contractor and each of its Subcontractors of any tier shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data as the City may request concerning Work performed or to be performed under the Contract. 3.2.4 The Contractor shall be represented at the site by a competent superintendent from the beginning of the Work until its final acceptance. The superintendent for the Contractor shall exercise general supervision over the Work and such superintendent shall have decision making authority of the Contractor. Communications given to the superintendent shall be binding as if given to the Contractor. 3.2.5 The Contractor shall establish and maintain a permanent bench mark to which access may be had during progress of the Work, and Contractor shall establish all lines and levels, and shall be responsible for the correctness of such. Contractor shall be fully responsible for all layout work for the proper location of Work in strict accordance with the Contract Documents. 3.2.6 The Contractor shall be responsible for repair of damage to property on or off the project occurring during construction of project, and all such repairs shall be made to meet code requirements or to the satisfaction of the City's Representative if code is not applicable. 9 3.2.7 The Contractor shall be responsible for all shoring required to protect its work or adjacent property and shall pay for any damage causeu by failure to shore or by improper shoring or by failure to give proper notice. Shoring shall be removed only after completion of permanent supports. 3.2.8 The Contractor shall maintain at his own cost and expense, adequate, safe and sufficient walkways, platforms, scaffolds, ladders, hoists and all necessary, proper, and adequate equipment, apparatus, and appliances useful in carrying on the Work and which are necessary to make the place of Work safe and free from,avoidable danger, and as may be required by safety provisions of applicable laws, ordinances, rules regulations and building and construction codes. 3.2.9 During the performance of the Work, the Contractor shall be responsible for providing and maintaining warning signs, lights, signal devices, barricades, guard rails, fences, and other devices appropriately located on site which shall give proper and understandable warning to all persons of danger of entry onto land, structure, or equipment. 3.2.10 The Contractor shall be responsible for care of the Work and must protect same from damage of defacement until acceptance by the City. All damaged or defaced Work shall be repaired or replaced to the City's satisfaction, without cost to the City. 3.2.11 When requested by the City's Representative, the Contractor, at no extra charge, shall provide scaffolds or ladders in place as may' be' required by the AlE or the City for examination of Work in progress or completed. 3.2.12 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees, Subcontractors of any tier and their agents and employees, and any entity or other persons performing portions of the Work. 3.2.13 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the City's Representative or AlE in their administration of the Contract, or by tests, inspections or approvals required or performed by persons other than the Contractor. 3.2.14 The Contractor shall be responsible for inspection of -portions of the Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. 3.2.15 Job site safety is the responsibility of the Contractor. Any costs associated with providing a safe construction site, including staging are.3S, per all State, Federal, City and OSHA regulations are included in the bid price submitted. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: . all employees on the Work and all other persons who may be affected thereby; . all the Work and all materials and equ;pment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub subcontractors, machinery, equipment and all hazards shall be guarded or elin Iinated in accordance with all applicable safety regulations; and 10 . other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 3.2.16 OSHA Safety - OSHA 1926 Construction Standard. 3.2.16.1 3.2.16.2 3.2.16.3 3.2.16.4 3.2.16.5 3.2.16.6 3.2.16.7 The Contractor shall give all notices and comply with all applicable laws, ordinances, permits, rules, regulations and lawful orders of any public authority bearing on the safety or persons or property or their protection from damage, injury or loss. Contractors shall comply with the requirements of the Trench Safety Act, Chapter 553, Florida Statutes. Each specific subcontract within the scope of such act shall be in compliance with the Act and Contractor hereby acknowledges the Bid complies with and was prepared in accordance with the Act. The Trench Safety Compliance Act Form is located in Section B of this bid package. The Contractor shall at all times safely guard the City's property from injury or losses in connection with the Contract. Contractor shall at all times safely guard and protect work and adjacent property from damage as provided by law and the Contract Documents. All passageways, guard fences, lights and other facilities required for protection by applicable safety regulations must be provided and maintained by the Contractor. The Contractor shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Citys and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. Asbestos Assessment applies to renovation/construction of existing bu ild ings/structu res. Material Safety Data Sheets a. Any Contractor bringing chemicals on-site must provide the City the appropriate hazard information on these substances, including the labels used and the precautionary measures being taken in working with these chemicals. The Contractor shall promptly remedy, at the Contractor's own cost and expense, all damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible. The foregoing obligations of the Contractor are in addition to obligations under the agreement. In case of failure on the part of the Contractor to make good such damage, the City may, upon two (2) calendar days written notice, proceed to repair, rebuild or otherwise restore such property as may be necessary, and the cost thereof will be deducted from any monies due or to become due the Contractor. 11 3.2.16.8 3.2.16.9 3.2.16.10 3.2.16.11 3.2.16.12 3.2.16.13 The Contractor is responsible for the proper packing,' shipping, handling and storage (including but not limited to shipment or storage at the proper temperature and humidity) of materials to be incorporated in the Work, so as to insure the preservation of the quality and fitness of the material for proper installation and incorporation in the Work. For example, but not by way of limitation, Contractor shall,' when:'necessary, place material on wooden platforms or other hard and clean surfaces and not on the ground, and place material under cover in any appropriate shelter or facility. Stored materials or equipment sr~1I be located so as to facilitate proper inspection. Material and equipment, which is delivered crated, shall remain crated until ready for installation. Lawns, -grass plots or other private property shall not be used for storage purposes without written permission of City or lessee unless otherwise within terms of the easements obtained by the City. The Contractor shall give notice in writing at least 48 hours before breaking ground, to all persons, Public Utility Companies, public agencies, government agencies owners of property having structures or improvements in proximity to site of the Work, superintendents, inspectors, or those otherwise in charge of propertv, streets, water pipes, gas pipes, sewer pipes, telephone cables, electric cables, railroads or otherwise, who may be affected by the Contractor's operation, in order that they may remove any obstruction for which they are responsible and have representative on site to see that their property is properly protected. Contractor shall field locate all utilities and acknowledges that all utilities are not necessarily shown in the Contract Documents, or may be incorrectly located thereon. The Contractor shall protect all utilities encountered while performing its work, whether indicated on the Contract Drawings or not. The Contractor shall maintain utilities in service until moved or abandoned. The Contractor shall exercise due care when excavating around utilities and shall restore any damaged utilities to the same condition or better as existed prior to starting the Work, at no cost to the City. The Contractor shall maintain operCiting- utilities or other services, even if they are shown to be abandoned, on the Contract Drawings, in service until new facilities are provider!, .tested and ready for use. The Contractor shall return all improvements on r;r about the site and adjacent property which are not shown to be altered, removed or otherwise changed to conditions which existed prior 1.0 starting work. The Contractor shall protect the Work, including uut not limited to, the site, stored materials and equipment, excavations, and excavated or stockpiled soil or other material, intended for use in the Work, and shall take all necessary precautions to prevent or minimize damage to same or detrimental effect upon performance caused by or due to rain, snow, ice, run off, floods, temperature, wind, dust, sand alld flying debris. The Contractor's superintendent shall take u:: .steps reasonably necessary to prevent accidents and protect workers, material, equipment and property. 12 3.2.16.14 3.2.17. EMERGENCIES 3.2.17.1 3.2.17.2 3.3 Use of Site The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. The Contractor shall notify the City of the situation and all actions taken immediately thereafter. If, in the opinion of the Contractor, immediate action is not required, the Contractor shall notify the City of the emergency situation and proceed in accordance with the City's instructions. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in the Agreement. Material Safety Data Sheets Any Contractor bringing chemicals on-site must provide the City the appropriate hazard information on these substances, including the labels used and the precautionary measures being taken in working with these chemicals. The Contractor shall promptly remedy, at the Contractor's own cost and expense, all damage or loss to any property caused in whole or in part by the Contractor, any Subcontractor, any Sub subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable and for which the Contractor is responsible. In case of failure on the part of the Contractor to make good such damage, the City may, upon two (2) calendar days written notice, proceed to repair, rebuild or otherwise restore such property as may be necessary, and the cost thereof will be deducted from any monies due or to become due the Contractor. The Contractor is solely responsible for any fees, fines, or expenses incurred and any delays caused by OSHA fees, fines, expenses or shut downs do not constitute a right to claim for a time extension. 3.3.1 The Contractor shall limit operations and storage of material to the area within the Work limit lines shown on Drawings, except as necessary to connect to exiting utilities, shall not encroach on neighboring property, and shall exercise caution to prevent damage to existing structures. 3.3.2 Only materials and equipment, which are to be used directly in the Work, shall be brought to and stored on the Work site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Work site. Protection of construction materials and equipment stored at the Work site from weather, theft, damage and all other adversity is solely the responsibility of the Contractor. 3.3.3 No project signs shall be erected without the written approval of the City's Representative. 3.3.4 The Contractor shall ensure that the Work is at all times performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all 13 debris, building materials and equipmr:nt likely to cause hazardous conditions. Without limitation of any other provision of the Contract !Documents, Contractor shall not interfere with the occupancy or beneficial use of (1) any areas and buildings adjacent to the site of the Work or (2) the Work in the event of partial occupancy. Contractor shall assume full responsibility for any damage to the property comprising the Work or to the City or occupant of any adjacent land or areas resulting from the performance of the Work. ,,:.,' 3.3.5 The Contractor shall not permit any workers to use any existing facilities at the Work site, including, without limitation, lavatories, toilets, entrances, and parking areas other than those designated by City. The Contractor,., Subcontractors of any tier, suppliers and employees shall comply with instructions or regulations of the City's Representative governing access to, operation of, and conduct while in or on the premises and shall perform all Work required under the Contract Documents in such a manner as not to unreasonably interrupt or interfere with the conduct of City's operations. Any request for Work, a suspension of Work or any other request or directive received by the Contractor from occupants of existing buildings shall be referred to the City's Representative for determination. ' 3.3.6 The Contractor and the Subcontract:; of ..a~y tier shall have its' name, acceptable abbreviation or recognizable logo and the name of the city and state of the mailing address of the principal office of the company, 9n each motor vehicle and motorized self- propelled piece of equipment which is used in connection with the project. The signs are required on such vehicles during the time the Contractor is working on the project. 3.3.7 The Contractor shall not unreasonably encumber the site, in the opinion of the City with any materials, equipment or trailers, nor shall. the Contractor block the entrances or otherwise prevent reasonable access to the site, other working and parking areas, completed portions of the Work and/or properties, storage areas, or areas of other facilities that are adjacent to the worksite. If the 'Contractor fails or refuses to move said material, equipment or trailers within 24 hours of notification by the City to so do, the City shall have the right, without further ncU:::e, tGHemOVe, at the Contractor's expense, any material, equipment and/or trailers which. the City deems are in violation of this paragraph. Site security is the sole responsibility of the Contractor. 3.4 Review of Contract Documents and Field Couditions by Contractor '~:-e""'" -.... 3.4.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the_ ALE and City and shall at once report in writing to the AlE and City's Representative any errors, inconsistencies or omissions discovered. Contractor shall have thirty (30) days following the date of Award of Contract to report to the AlE and the City, em:rs, inconsistencies or omissions therein. If the Contractor performs any construction activity which it knows or should have known involves a recognized error, inconsistency or omission in the Contract Documents without such written notice to the AlE and Cit',"s Representative, the Contractor shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 3.4.2 The Contractor shall take field meac,urement? and verify field conditions and shall carefully compare such field measurer.T3nts and" conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported in writing to the AlE and City's Representative within twenty-four (24) hours;' During the progress of work, Contractor shall verify all field measurements prior to fabrication of building components or equipment, and proceed with the fabr;~;ation to meet field conditions. Contractor shall consult all Contract Documents to def;~rmine the exact location of all work and verify 14 spatial relationships of all work. Any question concerning said 10Gationor 'spatial relationships shall be submitted to the City's Representative. Specific, locations for equipment, pipelines, ductwork and other such items of work, where not dimensioned on plans, shall be determined in consultation with City's Representative and AlE. Contractor shall be responsible for the proper fitting of the Work in place. 3.4.3 Should the Contract Documents fail to particularly describe materials or goods to be used, it shall be the duty of the Contractor to inquire of the AlE and the City's Representative what is to be used and to supply it at the Contractor's :;xpense,or else thereafter replace it to the City's Representative's satisfaction. At a, minimum, the Contractor shall provide the quality of materials as generally specified .throughout the Contract Documents. 3.4.4 Contractor shall not be entitled to an adjustment in the Contract time or an adjustment in the Contract Sum if a change or Work is required due to an error, inconsistency, omission or violation that the Contractor failed to timely report. 3.4.5 Contractor shall be responsible for inspection of portions of Work already performed under Contract to determine that such portions are in proper cond:tion., to receive subsequent Work. 3.5 Cleaning and Removal 3.5.1 The Contractor shall keep the Work site and surrounding areas free fron,'accumulation of waste materials, rubbish, debris, and dirt resulting from the Work and shall clean the Work site and surrounding areas as requested by the AlE and the City'!': Representative, including mowing of grass greater than 6 inches high. The Contractor; shall be responsible for the cost of clean up and removal of debris from premL~es. The building and premises shall be kept clean, safe, in a workmanlike manner, and in compliance with OSHA standards at all times. At completion of the Work, the Contractor shall remove from and about the Work site tools, construction equipment, machinery; fencing, and surplus materials. Further, at the completion of the work, all dirt, stairs, and smudges shall be removed from every part of the building, all glass in doors and 'iVtndows shall be washed, and entire Work shall be left broom clean in a finished state ready for occupancy. The Contractor shall advise his Subcontractors of any tier of this provision, and the Contractor shall be fully responsible for leaving the premises ir. a finished state ready for use to the satisfaction of the City's Representative. If the Cantractor fails to comply with the provisions of this paragraph, the City may do so and, the cosLthereof shall be charged to the Contractor. 3.6 Materials, Labor, and Workmanship 3.6.1 Materials and equipment incorporated into the Work shall strictly conform to the Contract Documents and representations and approved Samples provided by Contfactor and shall be of the most suitable grade of their respective kinds for their respectivd uses;'and shall be fit and sufficient for the purpose intended, merchantable, of good n9W material and workmanship, and free from defect. Workmanship shall be in accordance with the highest standard in the industry and free from defect in strict accordance with the . Contract Documents. 3.6.2 Materials and fixtures shall be new and of latest design unless otherwise:specified, and shall provide the most efficient operating and maintenance costs to th.:: City;" All Work shall be performed by competent workers and shall be of best quality. 15 3.6.3 The Contractor shall carefully examine the Contract Documents and shall be responsible for the proper fitting of his material, equipment, and apparatus into the building. 3.6.4 The Contractor shall base his bid only on the Contract Documents. 3.6.5 Materials and workmanship shall be subject to inspection, examination, and test by the AlE and the City's Representative at any and all times during manufacture, installation, and construction of any of them, at places where such manufacture, installation, or construction is performed. 3.6.6 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.6.7 Unless otherwise specifically noted, the Contractor shall provide and pay for supervision, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. 3.7 Approved Equal 3.7.1 Whenever in the Contract Documents any article, appliance, device, or material is designated by the name of a manufacturer, vendor, or by any proprietary or trade name, the words "or approved equal," shall automatically follow and shall be implied unless specifically indicated otherwise. The standard products of manufacturers other than those specified will be accepted when, prior to the ordering or use thereof, it is proven to the satisfaction of the City's Representative and the AlE they are equal in design, appearance, spare parts availability, strength, durability, usefulness, serviceability, operation cost, maintenance cost, and convenience for the purpose intended. Any general listings of approved manufacturers in any Contract Document shall be for informational purposes only and it shall be the Contractor's sole responsibility to ensure that any proposed "or equal" complies with the requirements of the Contract Documents. 3.7.2 The Contractor shall submit to AlE and City's Representative a written and full description of the proposed "or equal" including all supporting data, including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and similar information demonstrating that the proposed "or equal" strictly complies with the Contract Documents. The AlE or City's Representative shall take appropriate action with respect to the submission of a proposed "or equal" item. If Contractor fails to submit proposed "or equals" as set forth herein, it shall waive any right to supply such items. The Contract Sum and Contract Time shall not be adjusted as a result of any failure by Contractor to submit proposed "or equals" as provided for herein. All documents submitted in connection with preparing an "or equal" shall be clearly and obviously marked as a proposed "or equal" submission. 3.7.3 No approvals or action taken by the AlE or City's Representative shall relieve Contractor from its obligation to ensure that an "or equal" article, appliance, devise or material strictly complies with the requirements of the Contract Documents. Contractor shall not propose "or equal" items in connection with Shop Drawings or other Submittals, and Contractor acknowledges and agrees that no approvals or action taken by the AlE or City's Representative with respect to Shop Drawings or other Submittals shall constitute approval of any "or equal" item or relieve Contractor from its sole and exclusive responsibility. Any changes required in the details and dimensions indicated in the Contract Documents for the incorporation or installation of any "or equal" item supplied by the Contractor shall be properly made and approved by the AlE at the expense of the Contractor. No 'or equal' items will be permitted for components of or extensions to 16 existing systems when, in the opinion of the AlE, the named manufacturer must be provided in order to ensure compatibility with the existing systems, including, but not limited to, mechanical systems, electrical systems, fire alarms, smoke detectors, etc. No action will be taken by the AlE with respect to proposed "or equal" items prior to receipt of bids, unless otherwise noted in the Special Conditions. 3.8 Shop Drawings, Product Data and Samples 3.8.1 Shop Drawings are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a Subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate the specific requirements for some portion of the Work. The AlE's construction drawings shall not be used as Shop Drawings. 3.8.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.8.3 Samples are physical samples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.8.4 The Contractor, at its own expense, shall submit Samples required by the Contract Documents with reasonable promptness as to cause no delay in the Work or the activities of separate contractors and no later than twenty (20) days before materials are required to be ordered for scheduled delivery to the Work site. Samples shall be labeled to designate material or products represented, grade, place of origin, name of producer, name of Contractor and the name and number of the City's project. Quantities of Samples shall be twice the number required for testing so that AlE can return one set of the Samples. Materials delivered before receipt of AlE's approval may be rejected by AlE and in such event, Contractor shall immediately remove all such materials from the Work site. When requested by AlE or City's Representative, samples of finished masonry and field applied paints and finishes shall be located as directed and shall include sample panels built at the site of approximately twenty (20) square feet each. 3.8.5 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples or similar Submittals until the respective submittal has been submitted by the Contractor and approved by the AlE. Such Work shall be in accordance with approved submittals. . The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the City or any separate contractor, all Submittals required by the Contract Documents. . Unless otherwise directed in writing, the Contractor shall submit no less than six (6) copies, unless specified otherwise, of each Submittal to the City. Routing of said Submittals will be from the Contractor to the City to the City Representative and/or Engineer. The City will return three (3) copies of each Submittal directly to the Contractor. Contractor shall submit 2 of the three approved submittals from the City representative to the Building Department as part of the permitting documents required. Such submittals shall contain all signatures and related seals as necessary and as required by the Building Department to secure an approval from the Building Department. For standard manufactured items not requIring special shop drawings for manufacture, submit six (6) copies, unless specified otherwise, of manufacturer's catalog sheets showing illustrated cuts of item to be furnished, scale details, 17 sizes, dimensi(l!1s, performance characteristics, capacities, wiring diagrams and controls, and dil other pertinent information. Four (4) copies of reviewed submissions will Be returned to the Contractor. . For all other shop drawings, submit one (1) legible, unfolded, reproducible, transparencies .3nd five (5) opaque prints for each drawing. Each drawing shall have a clear 3pace for stamps. When phrase "by others" appears on shop drawings, the Contractor shall indicate on the drawing who is to furnish material or operations so marked before submittal. . The Contractor shall submit samples in triplicate of adequate size showing quality, type, COlor range, finish and texture, unless otherwise specified. . Where the technical specifications call for the submittal of manufacturer's data or any other information to the City for information only, such Submittals shall be made before the' commencement of any portion of the Work requiring such submission. Four (4) copies shall be submitted and one (1) will be returned to the Contractor. . For use of all ~rades, the Contractor shall provide such number of prints as are required for field distribution. All communications and transactions with manufacturers or Subcontractors shall be through the Contractor. Where specifications require manufacturer's printed installation instructions, the Contractor shall submit copies of such instructions for review. Where several materials are specified by' name for one use, select for use any of those so specified. Whenever item or class of material is specified exclusively by trade name, manufar.tur.er's name, or by catalog reference, use only such item, unless written approv21 for substitution is secured. . No portion of the Work requiring submission of Submittals shall be commenced or fabricated by the Contractor except at the Contractor's own risk, until the Submittal has !::'~en reviewed by the City. All such portions of the Work shall be in accordance v,rith reviewed Submittals. . By approving and submitting Shop Drawings, Product Data, Manuals and Samples, etc. tile Contractor represents that the Contractor has determined and verified all mat8,'ials, field measurements, and field construction criteria and that the Contractor has checked and coordinated the information contained within such submittal!- with the. requirements of the Work and of the Contract Documents. The Contractor shall adhere to any supplementary processing and scheduling instt uctions pertaining to Shop Drawings, which may be issued by the City. . Parts and deta:isnot fully indicated on the contract drawings shall be detailed by the Contractor in accordance with standard engineering practice. Dimensions on the Contract Drawings, as' well as detailed drawings themselves are subject in every case to measurements of existing, adjacent, incorporated and completed work, which shall be taken by the Contractor before undertaking any work dependent on sdch data. 3.8.6 By approving and submitting signed and sealed Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents such Submittals strictly comply with the requirements of the Ccmtract Documents and that the Contractor has determined and verified field measurem,mts and field construction criteria related thereto, that materials are fit for their intend8d use and that the fabrication, shipping, handling, storage, assembly and installation of all materials, systems and equipment are in accordance with 18 best practices in the industry and are in strict compliance with any applicable requirements of the Contract Documents. Contractor shall also coordinate each Submittal with other Submittals. 3.8.7 Contractor shall be responsible for the correctness and accuracy of the dimensions, measurements and other information contained in the Submittals. In the event Submittals have been rejected two or more times as a result of the Contractor's failure to submit the proper documentation, the Contractor shall be responsible for the cost associated with the AlE's review. The Contractor shall make corrections required by the City and shall resubmit the required number of corrected copies of Submittals. The Contractor shall direct specific attention, in writing or on resubmitted Submittals, to revisions other than those requested by the City on previous Submittals. Resubmittals necessitated by required corrections due to Contractor's errors or omissions shall not be cause for extension of Contract Time. 3.8.8 Each Submittal will bear a stamp or specific indication that the Submittal complies with the Contract Documents and Contractor has satisfied its obligations under the Contract Documents with respect to Contractor's review and approval of that Submittal. Each Submittal shall bear the signature of the representative of Contractor who approved the Submittal, together with the Contractor's name, City's name, number of the Project, and the item name and specification section number. 3.8.9 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the AlE's approval of Shop Drawings, Product Data, Samples or similar submittals. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar Submittals by the AlE's approval thereof. Specifically, but not by way of limitation, Contractor acknowledges that AlE's approval of Shop Drawings shall not relieve Contractor for responsibility for errors and omissions in the Shop Drawings since Contractor is responsible for the correctness of dimensions, details and the design of adequate connections and details contained in the Shop Drawings. 3.8.10 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar Submittals, to revisions other than those requested by the AlE on previous Submittals. 3.8.11 The Contractor represents and warrants that all Shop Drawings shall be prepared by persons and entities possessing expertise and experience in the trade for which the Shop Drawing is prepared and, if required by the AlE or applicable Regulations, by a licensed engineer or other design professional. 3.9 Record Drawings 3.9.1 The Contractor shall maintain a set of Record Drawings on site in good condition and shall use colored pencils to mark up said set with "record information" in a legible manner to show: (1) bidding addendums, (2) executed change orders, (3)deviations from the Drawings made during construction; (4) details in the Work not previously shown; (5) changes to existing conditions or existing conditions found to differ from those shown on any existing drawings; (6) the actual installed position of equipment, piping, conduits, light switches, electric fixtures, circuiting, ducts, dampers, access panels, control valves, drains, openings, and stub-outs; and (7) such other information as either City or AlE may reasonably request. The prints for Record Drawing use will be a set of "blue line" prints provided by AlE to Contractor at the start of construction. Upon Substantial Completion of the Work, Contractor shall deliver all Record Drawings to City and AlE for approval. If not approved, Contractor shall make the revisions requested by AlE or City's Representative. Final payment and any retainage shall not be due and owing to 19 Contractor until the final Record Drawings marked by Contractor as required above are delivered to City. 3.10 Operating Instructions and Service Manuals 3.10.1 The Contractor shall submit four (4) volumes of operating instructions and service manuals to the AlE before completing 50% of the adjusted contract amount. Payments beyond 50% of the adjusted contract amount may be withheld until all operating instructions and service manuals are received. The operating instructions and service manuals shall contain: . Start-up and Shutdown Procedures: Provide a step-by-step write up of all major equipment. When manufacturer's printed start-up, trouble shooting and shut- down procedures are available, they may be incorporated into the operating manual for reference. . Operating Instructions: Written operating instructions shall be included for the efficient and safe operation of all equipment. . Equipment List: List of all major equipment as installed shall include model number, capacities, flow rate, and name-plate data. . Service Instructions: The Contractor shall be required to provide the following information for all pieces of equipment. A. Recommended spare parts including catalog number and name of local suppliers or factory representative. B. Belt sizes, types, and lengths. C. Wiring diagrams. . Manufacturer's Certificate of Warranty: Manufacturer's certificates of warranty shall be obtained for all major equipment. Warranty shall be obtained for at least one year from the date of Contractor's Substantial Completion. Where longer period is required by the Contract Documents or provided for by the manufacturer, the longer period shall govern. . Parts catalogs: For each piece of equipment furnished, a parts catalog or similar document shall be provided which identifies the components by number for replacement ordering. 3.10.2 Submission . Manuals shall be bound into volumes of standard 8 1/2" x 11" hard binders. Large drawings too bulky to be folded into 8 1/2" x 11" shall be separately bound or folded and in brown envelopes, cross referenced and indexed with the manuals. . The manuals shall identify the City's project name, project number, and include the name and address of the Contractor and major Subcontractors of any tier who were involved with the activity described in that particular manual. 3.11 Contractor's Construction Schedules 3.11.1 The Contractor, within fifteen (15) days after the issuance of the Notice to Proceed, shall prepare and submit for the City's and AlE's information Contractor's construction 20 schedule for the Work al ;'J" shall set forth interim dates for completion of various components of the Work end Work Milestone Dates as defined herein. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work, and shall provide for expeditious and practicable execution of the Work. The Contractor shall conform to the most recent schedule. The Construction Schedule must not exceed the time allowed by the RFP or stated by the Contractor in the RFP unless approved by the City in writing. Contractor shall provide a monthly update to the schedule; however, in the event that the schedule changes the Contractor MUST provide a justification for the same that must be approved by the City. In no event shall the date of cCIlTlpletion change from the original approved date at the time an Agreement is entered into without written approval from the City representative. 3.11.2 The construction schedule shall be in a detailed format satisfactory to the City's Representative and the AlE. If the City's Representative or AlE has a reasonable objection to the schedule submitted by Contractor, the construction schedule shall be promptly revised by the Contractor. The Contractor shall monitor the progress of the Work for conformance witt": the requirements of the construction schedule and shall promptly advise the City of any delays or potential delays. 3.11.3 I n the event the City's Representative or AlE determines that the performance of the Work, as of a Milestone Date, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures (without additional cost to the City) necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional manpower, equipment, facilities, (3) expediting delivery of materials, and (4) other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The City's right to require E.~traordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the construction schedule. The Contractor shall not be entitled to an adjustment in the Contract Sum concerning Extraordinary Measures required by the City under or pursuant to this provision. The City may exercise the rights furnished the City under or pursuant to this provision as frequently as the City deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone Date or completion date set forth in the Contract Documents. PROVISION 4 ADMINISTRATION OF THE CONTRACT REFER TO AGREEMENT PROVISION 5 C:~ANGE ORDERS 5.1 The City, as authorized by its governing body, may authorize written Change Orders regarding changes in, or additions to, Work tn'be -performed or materials to be furnished pursuant to the provisions of the Contract Documen' 3. 21 5.2 The amount of adjustmtJt:lt~nthe contract price for authorized Change Orders will be agreed upon before such Change Orders."becomes effective and will be determined as follows: 5.2.1 By an acceptable unit price;or lump sum proposal from the Contractor and the Subcontractors of any tier. Breakdowns stialL be of sufficient detail to allow evaluation by the City and include a listing of each item of material with unit prices and number of hours of labor for each task. For Subcontracted work, alj cost information and breakdowns must be submitted on Subcontractor's company letterhead for the review of the City. The total cost of the change order must reflect each task or subcontracted work"and be provided on the Contractor's letterhead. All attachments must be included to be Gonsidered. t..t '-." 5.2.2 By a time and material basis' with or without a specified maximum, including all overhead and profit, total cost not to exceed maximum specified. The City's Representative will approve daily the Contractor's time end material for the Work. Time must be submitted on daily time sheets. Hourly rates must be negotiated' prior to commencement of work. 5.3 Overhead and profit on Change Orders shall be applied as follows: 5.3.1 The overhead 8:1d.profit Gharged by the Contractor shall be considered to include, but not limited to, performance and payment bond, job site office expense, normal hand tools, incidental job supervision, field supervision, company benefits, general office overhead, and other incidentals. The percentages for overhead and profit charged on Change Orders shall be negotiated and may vary according to the nature, extent, and complexity of the Work invoived btlt'in no case shall exceed the following: Overhead and P.rofit ,.:.-. Not to exceed 12% .combined (specific percentage will be negotiated at the time of request) " .. Not more than three mark-ups, not to exceed individual maximums shown above, shall be allowed regardless,oMhe number of tier subcontractors. Overhead and profit shall be shown separately for each subcontractor of any tier and the Contractor. 5.3.2 On proposals covering both increases and decreases in the amount of the Contract, the application of overhead. and profit shall be on the net change in direct cost for the Contractor or Subcontractor of any tier performing the Work. 5.4 The contractor shall provide Change Order pricing and backup in a timely manner. No claim for an addition to the Contract sum will be valid unless authorized in writing by the City. 5.5 No changes or additions to work.to be performed, materials to be furnished, or in the provisions of the Contract will be authorized until execution and delivery by the City to the Contractor of the written order referred to' in this paragraph. Any work completed by the Contractor outside the original project scope without written approval from the City will be deemed as a waiver by the Contractor for additional compensation for said work. 5.6 If the Contractor asserts that any instructions, information, event or occurrence has caused a change in or addition to the Work which change causes an increase or decrease in the Contractor's cost or tim€:' required for the performance of any part of the Work under the Contract, the Contractor shall give the CHy written notice before conditions are disturbed and before proceeding to execute the Work. Contractor's notice shall be given promptly enough to avoid delaying the Work an.:hn no 'instance later than seventy two hours after such instructions, information, event or occurrence has caused a change. If the City agrees that the Work involved is extra Work, a Chanpe Order shall be issued as provided in this Article. No claims for extra Work shall be allowed Imless the notice required by this Article is given by the Contractor within 22 the time allowed, unless the Work is performed pursua:lL to' the written order of the City as provided in this Article. Contractor's notice shall include the'rnstructions or circumstances that are the basis of the claim and the Contractor's best estimate of the cost and time involved. PROVISION 6 TIME 6.1 Progress and Completion 6.1.1 Contractor acknowledges and agrees that time is of the.essence. 6.1.2 Contract Time is the period of time set forth in the Contract for Construction required for Substantial Completion and Final Completion of the entire Work or portions of the Work as defined in the Contract Documents. Time limits Btated in the Contract Documents are of the essence of the Contract. The Contract Time may only be changed by a Change Order. By executing the Contract, the Contractor confirms that the Contract Time is a sufficient period for performing the Work in its entirety. 6.1.3 The Contractor shall not knowingly, except by ag~eement or instruction of the City in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance and bonds. 6.1.4 The Contractor shall proceed expeditiously and diligently with adequate forces and shall achieve Substantial Completion and Final CompictioM within the time specified in the Contract Documents. 6.2 Delay in Completion 6.2.1 The Contractor shall be liable for all of the City's .damages for delay in achieving Substantial Completion and/or Final Completion of the entire Work or portions of Work as set forth in the Contract Documents within the Cor-tract Time.unless liquidated damages are specifically provided for in the Contract Documents. If liquidated damages are specifically provided for in the Contract for Construction, Contractor shall be liable for such liquidated damages. 6.2.2 All time limits stated in the Contract are of the essence of the Contract. However, if the Contractor is delayed at any time in the progress of the Work by any act or neglect of the City or by the City's Representative, by changes ordered in the Work, by strikes, lockouts, abnormal weather conditions, jurisdictional disputes, or any other causes beyond the Contractor's reasonable control which the City's Representative determines may justify delay then the Contract Time may be extended for a reasonable time to the extent such delay will prevent Contractor from achieving Substantial Completion and/or Final Completion within the Contract Time and if performance of tile Work is not, was not or would not have been delayed by any other cause for which the Contractor is not entitled to an extension in the Contract Time under the Contract' Documents. It shall be a condition precedent to any adjustment of the Contract Time that Contractor provide the City's Representative with written notice of the cause of delay within seven (7) days from the occurrence of the event or condition which caused the claimed delay. Written notices hereunder shall be in accordance with" the applicable provisions. 6.2.3 The Contractor further acknowledges and agrees that adjustments in the Contract Time will be permitted for a delay only to the extent such delay (1 )'is not caused, or could not have been anticipated, by the Contractor, (2) could not be limited or avoided by the Contractor's timely notice to the City of the delay, (3) prevents Contractor from completing its Work by the Contract Time, and (4) is of a duration not less than one (1) 23 day. Delays attributable to and with;n~the'control of a Subcontractor or supplier shall not justify an extension of the Contract Time. .>'- ",$ 6.2.4 Notwithstanding anything to the contrary in the Contract Documents, an extension in the Contract Time, to the extent permittpd under this provision, shall be the sole remedy of the Contractor for any (1) delay in the commencement, prosecution or completion of the Work, (2) hindrance or obstruction :,in the' performance of the Work, (3) loss of productivity, or (4) other similar claims due to or caused by any events beyond the control of both the City and Contractor. In no event shall the Contractor be entitled to any compensation or recovery of any d3mages or any portion of damages resulting from delays caused by or within the control of Contractor or by acts or omissions of Contractor or its Subcontractors of any tier or delays beyond the control of both City and Contractor. If the Contractor contends that delay, hindrance, obstruction or other adverse condition results from acts or omissions of the City, the City's Representative or the AlE, Contractor shall promptly provide written notice to the City. Contractor shall only be entitled to an adjustment in the Contract Sum to the extent that such acts or omissions continue after the Contractor's written notice to the City of such acts or omissions. The City's exercise of any of its rights or remedies under the Contract Documents (including, without limitation, ordering changes in .the WrMK, or directing suspension, rescheduling or correction of the Work) regardless of .the extent or frequency of the City's exercise of such rights or remedies, shall not be the basis of any Claim for an increase in the Contract Sum or Contract Time. In the event Contractor is entitled to an adjustment in the Contract Sum for any delay, hindrance, obstruction or other adverse condition caused by the acts or omissions of the City, the City's-Representative or the AlE, Contractor shall only be entitled to its actual direct costs caused thereby and Contractor shall not be entitled to and waives any right to srecial, indirect, or consequential damages including loss of profits, loss of savings or revenues, loss of anticipated profits, labor inefficiencies, idle equipment, home office overhead, and similar type of damages. 6.2.5 If the Contractor submits a progress report or any construction schedule indicating, or otherwise expressing an intention to- achieve completion of the Work prior to any completion date required by the Contract Documents or expiration of the Contract Time, no liability of the City to the Contractor for any:failure of the Contractor to so complete the Work shall be created or implied. Further, the Contractor acknowledges and agrees that even if Contractor intends or is able to complete the Work prior to the Contract Time, it shall assert no Claim and the City shall not'be liable to Contractor for any failure of the Contractor, regardless of the cause of the failure, to complete the Work prior to the Contract Time. --. PROVISION 7 PAYMENTS AND COMPLETION 7.1 Commencement, Prosecution, and Completion 7.1.1 The Contractor shall commence Work within five (5) days upon the date of a "Notice to Proceed" from the City or the date fixed in the Notice to Proceed. Contractor shall prosecute the Work with faithfulness and diligence, and the Contractor shall complete the Work within the Contract Time set forih in the- Contract Documents. 7.1.2 In the event Contractor fails to provide City such documents, Contractor may not enter upon the site of the Work until such documents are provided. The date the Contractor is required to commence and completc,the Work shall not be affected by the City denying Contractor access to the site as a reSl.l!t of Contractor's failure to provide such documents and Contractor shall not be entitled to an adjustment of the Contract Time or Contract sum as a result of its failure to comply with the provisions of this Paragraph 24 ~ 7.1.3 Any successful bidder which is a corporation organized in a state 0ti"ler1han Florida or any bidder doing business in the State of Florida under a fictitious namo::'shall furnish, at no cost to the City, no later than the time at which the executed Contract for Construction, the Payment Bond, and the Performance Bond are returned, a properly certitied;cmpy of its current Certificate of Authority and License to do business in the Slate of Florida. No contract will be executed by the City until such certificate is furnished by.the bidder, 7.1.4 Within fifteen (15) calendar days of the issuance of a Notice to Proceed, the Contractor shall submit one (1) signed copy of the following instruments. No payment 'will be processed until all of these instruments are received and appra'!ed, by the. City's Representative. . . Construction Schedule . Contractor's Schedule of Values · List of material suppliers . Itemized breakdown of anticipated equipment rates. Overhead and profit shall not be included. 7.2 Contract Sum 7.2.1 The City shall compensate Contractor for all Work described herein and in the Contract Documents the Contract Sum set forth in the Contract for Construction, subject to additions and deletions as provided in the Contract. 7.3 Schedule of Values 7.3.1 Within fifteen (15) days after receipt of the Notice to Proceed, the Contractor shall submit to the City's Representative a revised schedule of values allocated to \Iarious portions of the Work, prepared in such form and supported by such data to subst<'lntiate its accuracy as the City's Representative may require. The schedule of values MUST be approved by the City. This schedule, unless objected to by the City's Representativ'2;' shall be used as a basis for reviewing the Contractor's Applications for Payment. The values set forth in such schedule shall not be used in any manner as fixing a basis for additions to or deletions from the Contract Sum. The Schedule of Values is strictly for payment allocation and shall not be used to establish prices. 7.4 Applications for Payment 7.4.1 Progress payments shall be made on account of materials and equipment delivered to the site and incorporated in the Work. No payments will be made for' materials and equipment stored at the Project site but not yet incorporated into the Work, . .. 7.4.2 If approved in writing and in advance by City, progress payments may. be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. City may in its sole discretion refuse to grant approval for payments for materials and equipment stored at the projcr:t site but not yet incorporated in the Work. Any approval by City for payment for materiaisand equipment delivered and suitably stored at the site for subsequent incorporation in the-Work shall be conditioned upon Contractor's demonstrating that such materials 2.1d equipment are adequately protected from weather, damage, vandalism and theft and that such materials and equipment have been inventoried and stored in accordance with procedures established by or approved by the City. Nothing in this clause shall il-,iply' or create any liability on the part of the City for the Contractor's inventory and storag(~ procedures or for any loss or damage to material, equipment or supplies stored on. the. site, . whether incorporated into the work or not. In the event any such loss or damage occurs, the 25 Contractor remains solely responsible for all costs as:iociated -with replacement of the affected materials, supplies and equipment including labor and illcidental costs, and shall have no claim against the City for such loss. . 7.4.3 All applications for payment MUST be made on a standard AlA payment application form acceptable to the City Representative and must contain the PO number and other project information. All payment applications must include Ortginal releases of Liens from all suppliers, materialmen, subcontractors, and the Prime Contractor. Applications will not be processed without all pertinent back-up documentation as required by the City's Representative."" 7.5 Decisions to Withhold Approval 7.5.1 The City's Representative may decide not to certify payment and may withhold approval in whole or in part, to the extent reasonably necessary to protect the City. If the City's Representative is unable to approve payment in the amount of the Application, the City's Representative will notify the Contractor. If the Contractor and City's Representative cannot agree on a revised amount, the City's Representative will promptly issue approval for payment for the amount for which the City's Representative is able to determine is due Contractor. The City's Representative may also decide not to approve payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of approval for payment previously issued, to such extent as may be necessary in the City's Representative opinion to protect the City from loss because of: . Defective Work not remedied or damage to completed Work; . Failure to supply sufficient skilled workers or suitable materials; . Third party claims filed or reasonable evidence indicating probable filing of such claims; .:. . Failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; . Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; " . Damage to the City or another contractor; . Reasonable evidence that the Work will not be completed within the Contract Time or an unsatisfactory rate of progress made by Contractor; . Contractor's failure to comply with applicab;d Rules;' regulations, Statutes, Ordinances, standards; . Contractor's or Subcontractor's failure to compl,)l with contract Prevailing Wage requirements; or . Contractor's failure to carry out the Work in strict accordance with the Contract Documents. - . . Incomplete payment application. 7.5.2 When the above reasons for withholding approval are removed, approval will be made for amounts previously withheld. 7.6 Failure of Payment 7.6.1 If the City is entitled to reimbursement or payment from the Contractor under or pursuant to the Contract Documents, such payment by Contractor shall be made promptly upon demand by the City. Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor fails to promptly make a..-ry payment due the City, or the City incurs any costs and expenses to cure any default,of tbe Contractor or to correct defective Work, the City shall have an absolute right tc,'-offset such amount against the Contract Sum and may, in the City's sole discretion, elect either to: (1) deduct an amount 26 equal to that to which the City is entitled from any payment then or thereafter due the Contractor from the City, or (2) issue a written notice to the Contractor reducing the Contract Sum by an amount equal to that to which the City is entitled. 7.7 Substantial Completion 7.7.1 Substantial Completion is the stage in the progress of the Work as defined in the Contract Documents. 7.7.2 At the date of Substantial Completion, the Contractor may apply for, and if approved by City's Representative subject to the provisions herein, shall increase total payments to one hundred percent (100%) of the Contract Sum less two hundred percent (200%) of the value of any incomplete Work and unsettled claims, as determined by the City's Representative. 7.8 Final Completion and Final Payment 7.8.1 The final approval for payment will not be issued by the City's Representative until all warranties and guarantees have been received and accepted by the City. 7.8.2 The City will request the Contractor to submit the application for final payment along with a manually signed notarized letter on the Contractor's letterhead certifying that: . Labor costs, prevailing wage rates, fringe benefits and material costs have been paid. . Subcontractors of any tier and manufacturers furnishing materials and labor for the project have fully completed their Work and have been paid in full. . The project has been fully completed in accordance with the Contract Documents as modified by Change Orders. . The acceptance by Contractor of its Final Payment, by check or electronic transfer, shall be and operate as a release of all claims of Contractor against City for all things done or furnished or relating to the Work and for every act or alleged neglect of City arising out of the Work. 7.8.3 No payment under this Contract, including but not limited to final payment, shall constitute acceptance by City of any Work or act not in accordance with the requirements of the Contract Documents. PROVISION 8 BONDS 8.1 Bonds: Bid Bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions. After acceptance of Bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified herein. 8.1.1 The Contractor shall procure and furnish a Performance Bond and a Payment Bond in the form prepared by the City, each in an amount equal to one hundred percent (100%) of the Contract Sum, as well as adjustments to the Contract Sum. The Performance Bond shall secure and guarantee Contractor's faithful performance of this Contract, including but not limited to Contractor's obligation to correct defects after final payment has been made as required by the Contract Documents. The Payment Bond shall secure and guarantee payment of all persons performing labor on the Project under this Contract and furnishing materials in connection with this Contract. These Bonds shall be in effect 27 through the duration of the Contract plus the Guaranty Period as required by the Contract Documents. 8.1.2 If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, CONTRACTOR shall within three (3) days substitute another bond and surety, both of which must be acceptable to CITY. If Contractor fails to make such substitution, City may procure such required bonds on behalf of Contractor at Contractor's expense. 8.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds to such person or entity. 8.1.4 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary, obtain the surety's consent to or waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other material required by the surety. The City shall be notified by the Contractor, in writing, of all communications with the surety. The City may, in the City's sole discretion, inform surety of the progress of the Work, any defects in the Work, or any defaults of Contractor under the Contract Documents and obtain consents as necessary to protect the City's rights, interest, privileges and benefits under and pursuant to any bond issued in connection with the Work. 8.1.5 Contractor shall indemnify and hold harmless the City and any agents, employees, representative from and against any claims, expenses, losses, costs, including reasonable attorneys' fees, as a result of any failure of Contractor to procure the bonds required herein. PROVISION 9 UNCOVERING AND CORRECTION OF THE WORK 9.1 Uncovering of the Work 9.1.1 If a portion of the Work is covered contrary to the AlE's request or to requirements specifically expressed in the Contract Documents, it shall, if required in writing by the AlE or the City's Representative, be uncovered for the AlE's observation and be replaced at the Contractor's expense without change in the Contract Time. 9.1.2 If a portion of the Work has been covered which the AlE or the City's Representative has not specifically requested to observe, prior to its being covered, the AlE or the City's Representative may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the City. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the City or a separate contractor in which event the City will be responsible for payment of such costs. 9.2 Correction of the Work 9.2.1 The AlE or City's Representative shall have the right to reject Work not in strict compliance with the requirements of the Contract Documents. The Contractor shall promptly correct Work rejected by the AlE or the City's Representative for failing to conform to the requirements of the Contract Documents, whether observed before or 28 after final 'completion and whether or not fabricated, installed, or completed. If Work has been rejected by AlE or City's Representative, the AlE or City's Representative shall have the right to require the Contractor to remove it from the Project site and replace it with Work that strictly conforms to the requirements of the Contract Documents regardless if. such removal and replacement results in "economic waste." Contractor shall pay all claims, costs, losses and damages caused by or resulting from the correction, removal or replacement of defective Work, including but not limited to, all costs of repair or replacement of Work of others. The Contractor shall bear costs of correcting, removing and replacing such rejected Work, including additional testing and inspections and compensation for the AlE's services and expenses made necessary thereby. If prior to the date of final payment, the Contractor, a Subcontractor or anyone for whom either is responsible uses or damages any portion of the Work, including, without limitation, mechanical, electrical, plumbing and other building systems, machinery, equipment or other mechanical device, the Contractor shall cause such item to be restored to "like new" condition at no expense to the City. 9.2.2 If, within twelve (12) months after the date of Final Completion of the Work or designated portion thereof, or after the date for commencement of warranties, or by terms of an applicable, special warranty required by the Contract Documents, any of the Work is found not to be in strict accordance with the requirements of the Contract Documents, the Contractor shall correct or remove and replace such defective Work, at the City's discretion. Such twelve (12) month period is referred to as the "Guarantee Period." The obligations under this Paragraph 9.2.2 shall cover any repairs, removal and replacement to any part of the Work or other property caused by the defective Work. 9.2.3 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the City. 9.2.4 If the Contractor fails to correct nonconforming Work within a reasonable time, the City may correct or remove it and replace such nonconforming Work. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City, the City may take action to correct or remove the nonconforming work at the contractor's expense. 9.2.5 The Contractor shall bear the cost of correcting destroyed or damaged Work or property, whether completed or partially completed, of the City or of others caused by the Contractor's .correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 9.2.6 The removal "and repair of defective work does not constitute a right to claim by the Contractor for a time extension to the Contract. Contractor shall repair and replace defective Work at Contractor's sole expense. 9.3 Acceptance of Nonconforming Work 9.3.1 The City may accept Work which is not in accordance with the Contract Documents, instead of requiring its removal and correction, in its sole discretion. In Such case the Contract Sum will be adjusted as appropriate and equitable. Such adjustment shall be made whether or not final payment has been made. Nothing contained herein shall impose any obligation upon the City to accept nonconforming or defective Work. -,,', . ~,' PROVISION 10 MISCELLANEOUS PROVISIONS 29 10.1 Written Notice 10.1.1 All notices required to be given by the contractor under the terms of this Contract shall be made in writing. Written Notices, when served by the City, will be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an office of the corporation for which it was intended, or if delivered at or sent to the last business address known to the party giving notice. 10.2 Rights and Remedies 10.2.1 Duties and obligations imposed by the Contract Documents, and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. 10.2.2 No action or failure to act by the City, the AlE, or the City's Representative will constitute a waiver of a right or duty afforded to the City under the Contract Documents, nor will such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. 10.2.3 The terms of this Contract and 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 and termination or completion of the Work and shall remain in effect so long as the'City is-entitled to protection of its rights under applicable law. 10.2.4 Contractor shall carry out the Work and adhere to the current construction schedule during all disputes or disagreements with the City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements except as the City and Contractor may otherwise agree to in writing. 10.3 Records 10.3.1 The City, or any parties it deems necessary, shall have access to and the right to examine any accounting or other records of the Contractor involving transactions and Work related to this Contract for five (5) years after final payment or five (5) years after the final resolution of any on going disputes at the time of final payment. All records shall be maintained in accordance with generally accepted accounting procedures, consistently applied. Subcontractors of any tier shall be required by Contractor to maintain records and to permit audits as required of Contractor herein. 10.4 Codes and Standards 10.4.1 The Work shall be performed to comply with the Florida Building Codes, and all pertinent standards, rules and/or regulations. The latest editions and supplements of these Codes and Standards in effect on the date of the execution of the Contract for Construction shall be applicable unless otherwise designated in the Contract Documents. 30