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HomeMy WebLinkAboutV(G) Approval and Authorization to Award Bid #B04-07 in the Amount of $859,900 to Gibbs & Register, Inc. for McKey Street Improvement Project; and Authorization for Mayor and City Clerk to Execute Agreement Between the City and Gibbs & Register, Inc Agenda 6-02-2004 Mayor e Lentet of Good Item V G �l, Commissioners Commissioners S. Scott Vandergrift Nmp .� .,. ,v Danny Howell, District 1 O Scott Anderson, District 2 City Manager Rusty Johnson, District 3 Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Joyce Tolbert, Buyer(?-- THROUGH: Wanda Horton, Finance Director � DATE: May 24, 2004 RE: Award of Bid #B04-07 McKey Street Improvements ISSUE Should the City Commission select Gibbs & Register, Inc. for the McKey Street Improvement Project? BACKGROUND/DISCUSSION Most of the funding for this project is from an FDOT grant in the amount of $850,000. Additional funding will come from the City's Stormwater Funds in the amount of$200,000, and from the City's Water Funds in the amount of $60,000. Total funding available is $1,110,000. Design and surveying expenses are expected to total $136,608. After other expenses, such as: light poles, mast arms and signal work, Progress Energy charge for engineering the underground work, and other incidentals, the total remaining for construction is $879,622.56. This amount does not represent additional charges for surveyin: and - -- -- dues mg an additional $5 010 a un., Stormwater Fund, and Water Fund. The bid was advertised on April 11, 2004, a pre-bid conference was held on April 28, 2004, and the bid was publicly opened on May 12, 2004. Four (4) responses were received: 1) Schuller Contractors, Inc. $850,000.00 (10,000.00) _ $840,000.00 2) Perri Builders, Inc $869,000.00 (10,000.00) = $859,000.00 3) Gibbs & Register, Inc. $869,900.00 (10,000.00) = $859,900.00 4) Gomez Construction Company $920,780.00 (10,000.00) = $910,780.00 The construction contract does not include the street furniture (benches, trash receptacles, and planters). The City Commission directed staff to budget for these items in the upcoming budget. The City Commission will approve the benches, trash receptacles, and planters before they are ordered. The bid item in the amount of $10,000 for permit fees allowance has been deleted from the contract, as the City will not charge permit fees for this project. There is also an early completion bonus in the amount of$20,000 that may be paid to the contractor for achieving final completion of the contract on or before November 30, 2004. Construction on this project is scheduled to begin on June 14, 2004, and final completion is scheduled for December 14, 2004, with a $1,000 per day penalty clause. The Community Relations Department, Public Works Department and Finance Department have reviewed all bids. Staff recommends awarding the bid to Gibbs & Register, Inc. as the most responsive and responsible bidder, price, qualifications, and experience considered, per the attached memorandum from Janet Shira, Assistant to the City Manager. The Invitation to Bid specifically states language that allows the City to award to other than the low bid, when the City considers that to be, in its sole and absolute discretion, in the best interests of the City. Attached is a copy of the specifications for this project, and the bids from each bidder, along with the bid tabulation. A draft copy of the contract is also attached for your review. All bids are available in the Finance Department for review. RECOMMENDATION It respectfully is recommended that the City Commission: 1) Award Bid#B04-07 to Gibbs & Register, Inc. in the amount of$859,900; 2) Authorize an additional $20,000 bonus for the early completion of the project; 3) Authorize an additional $5,000 to be allocated from the General Fund, Stormwater Fund, and Water Fund for surveying and legal fees; 4) Authorize execution of the agreement between the City and Gibbs & Register, Inc. by the Mayor and City Clerk; 5) Further authorize Staff to issue a Notice of Intent to Award, and obtain the necessary bonds and insurance coverage from Gibbs & Register, Inc. Center of Good Liv Mayor (Sbe i11d, Commissioners S. Scott Vandergrift ._ i �. Danny Howell, District 1 Scott Anderson, District 2 Acting City Manager COZR g sO Rusty Johnson, District 3 V. Eugene Williford # Nancy J. Parker, District 4 MEMORANDUM TO: Joyce Tolbert, CPPB, Buyer FROM: Janet Shira, Assistant to the City Manager DATE: May 21, 2004 RE: McKey Street Project Bid—Reference Checks As you know, part of the McKey Street Improvements Project invitation to bid included a requirement that the contractors submitting bids identify at least two streetscape projects completed within the last five years. The McKey Street Project will involve paving, drainage improvements, a new water main, putting electrical, phone, and cable lines underground, decorative pedestrian and vehicular pavers, mast arm signal foundations, landscaping, and irrigation. Staff contacted several of the references provided by the contractors to inquire about the specific projects listed. We felt that Schuller Contractors, Inc. did not provide any examples of similar work they had performed in the past. Perri Builders provided two projects that were somewhat similar to the improvements slated for McKey Street, but one project did not contain any street lighting or putting utilities underground which is an important component of the McKey Street project. The other project seemed to be missing some components as well. Both Gibbs & Register and Gomez Construction provided at least two projects in traditional downtown areas that included all of the types of work that the McKey Street project will involve. For Gibbs & Register, the cities of Inverness and Winter Haven were contacted and for Gomez, the cities of Winter Garden and Clermont provided references. All four cities contacted had very positive experiences with the two contractors. Three of the four jobs are complete with the City of Winter Haven's streetscape still in process. As the award of contract should be in the best interest of the City according to the bid specifications, and the City has the ability to take price, qualifications, and other factors into consideration, staff respectfully recommends that the City Commission award the bid to Gibbs & Register, Inc. Staff believes they are the most responsive and responsible bidder with all things considered. Cc: Randy Raiman, Herbert Halback, Inc. Gene Williford, Acting City Manager Bob Zaitooni, Deputy Public Works Director The City of Ocoee • 150 N Lakeshore Drive •Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ocoee.fl.us SECTION 00020 INVITATION TO BID BID#B04-07 MCKEY STREET IMPROVEMENTS OCOEE, FLORIDA Sealed bids, in duplicate,will be accepted at the office of Joyce Tolbert, Buyer in the City of Ocoee, not later than May 12, 2004, at 2:00 p.m. (local time). Sealed bids must be dated and time stamped at the office of Joyce Tolbert, Buyer not later than May 12, 2004,at 2:00 p.m. (local time). Sealed bids shall be hand delivered to the room in which the bid opening is to occur. At approximately 2:05 p.m. bids will be publicly opened and read aloud. Any bids received after the above noted time will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bids submitted after this designated time will be returned unopened. Contractors shall be qualified to bid this project if they have previous streetscape experience. Contractors submitting bids will be required to identify at least two streetscape projects completed within the last five years. Description of Work: All work for the Project shall be designed and constructed in accordance with the Drawings and Specifications prepared by Herbert-Halback, Inc., Orlando, Florida. Bids shall be submitted for furnishing, delivering, and installing all materials, equipment, incidentals and services, including labor, for the Work which generally includes, but is not necessarily limited to, the following: All materials and labor necessary for a complete installation of McKey Street improvemeits as defined in the drawings and specifications herein including but not necessarily limited to the following: Underground Utilities Asphaltic Paving Markings Drainage Structures & Piping New 10" Water Main Decorative Pedestrian &Vehicular Pavers Landscaping Irrigation Mast Arm Signal Foundations There will be a non-mandatory pre-bid conference for this project on April 28,2004 at 2:00 p.m., at Ocoee City Hall, 150 North Lakeshore Drive, Ocoee; FL. Questions and clarifications shall be submitted in accordance with the Bidding Documents. Contact Joyce Tolbert at the Finance Department to arrange for a site visit, if desired. 00020-1 0E-382-3.0(07/23/03) Prospective bidders may secure a copy of the complete bid package(project manual and drawings), from Joyce Tolbert at Ocoee City Hall Finance Department, 150 N. Lakeshore Drive, Ocoee, FL 34761-2258, (407) 905-3100, ext. 1516, itolbert(a)ci.ocoee.fl.us for a non-refundable fee of $150.00. Checks should be made payable to the City of Ocoee. Partial sets of bid documents will not be issued. Bids shall be prepared from complete full size contract documents. Addenda will be sent via registered or certified mail to all holders of complete contract documents up to seventy-two (72) hours before bid time. Brief addenda may be sent via facsimile between seventy-two (72) hours and twenty-four(24) hours before bid time to all holders of complete contract documents. Bid Bond: A certified check or bid bond shall accompany each bid. The certified check or bid bond shall be for an amount not less than five percent (5 percent) of the bid price and shall be made payable to the City of Ocoee as a guarantee that the Bidder will not withdraw for a period of(90) days after bid closing time. Bid Submittal: Each bidder shall submit only one bid for the Work. Each bidder shall submit an original and one(1)copy of its bid. The award will be made in accordance with the requirements of applicable state and federal laws and regulations and pursuant to the provisions of the Bid Documents and/or any applicable City of Ocoee purchasing rules and procedures. Each Bidder shall submit the Bid Form provided in the Project Manual in a sealed envelope with the words "Bid for McKey Street Improvements" and the Bidder's name, address and Florida Contractor's License Number clearly shown on the outside thereof. Each Bidder must acknowledge receipt of all addenda in the prescribed Bid Form. An authorized representative of the Bidder must sign the Bid Form. Failure to comply with these conditions or the conditions contained in the Instructions To Bidders may be cause for bid disqualification. Mailed bids shall be sent to the attention of Joyce Tolbert, Buyer, City of Ocoee, 150 North Lakeshore Drive,Ocoee, Florida 34761 and shall be received before the deadline for the bid opening. Award of Contract(s): The City of Ocoee may waive technicalities or irregularities, reject any or all bids, and/or accept that bid(s) that is in the best interest of the City, with price, qualifications and other factors taken into consideration. The City reserves the right to award the Contract to the Bidder(s)which, in the sole discretion of the City, is the most responsive and responsible Bidder(s), price,qualifications and other factors considered. However,the City specifically reserves the right to accept other than the lowest responsible and responsive bid when the City considers that to be, in its sole and absolute discretion, in the best interests of the City. OCOEE, FLORIDA END OF SECTION 00020-2 SECTION 00100 INSTRUCTIONS TO BIDDERS TABLE OF CONTENTS ARTICLE DESCRIPTION 1 Defined Terms 2 Copies of Bidding Documents 3 Qualifications of Bidders 4 Examination of Contract Documents and Site 5 Availability of Lands for Work, Etc. 6 Addenda and Interpretations 7 Bid Security 8 Contract Time 9 Liquidated Damages and Indemnity 10 Substitute Material and Equipment 11 Subcontractors, etc. 12 Bid Form 13 Submission of Bids 14 Modification and Withdrawal of Bids 15 Opening of Bids 16 Bids to Remain Subject to Acceptance 17 Award of Contract 18 Taxes 19 Organization of Drawings and Specifications 20 Qualifications of Surety Companies 21 Interpretation of Quantities 22 Construction Safety 23 Special Warranty, Performance Bond, Insurance and Correction Period Requirements 24 Signing of the Agreement 25 Protests 26 Apprentices 27 Licenses and Permits 28 Contingency Allowances 29 Retainage 30 Pre-Bid Conference 00100-1 SECTION 00100 INSTRUCTIONS TO BIDDERS ARTICLE 1 -DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions, as supplemented. 1.1 Bidding Documents consist of the Project Manual McKey Street Improvements and Drawings, all as may be modified by Addenda. 1.2 The term Agreement refers to the contract for Continuing Horizontal Construction Services and Amendments to the Agreement. 1.3 The term "Apparent Low Bidder" means the Bidder submitting the lowest Bid at the Bid Opening without correction of numerical discrepancies, consideration of alternate or determination f responsiveness and responsibility. 1.4 The term "Successful Bidder" means the Bidder to whom Owner awards or expects to award the Contract. 1.5 The term 'Work" as defined in the General and Supplemental Conditions and the Agreement is further described in the Agreement. 1.6 The term"Owner"refers to the City of Ocoee, Florida. ARTICLE 2-COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of Bidding Documents in the number and for the sum stated in the Invitation To Bid may be obtained from Joyce Tolbert at City of Ocoee City Hall, Finance Department, 150 North Lakeshore Drive, Ocoee, Florida 34761. This amount represents reproduction costs and is non- refundable. 2.2. Complete sets of full size Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 3-QUALIFICATIONS OF BIDDERS All Bidders shall have previous streetscape experience and will be required to identify two streetscape projects completed within the last 5 years. ARTICLE 4- EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder before submitting a Bid to: (a) examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including 00100-2 "technical data" referred to below); (b)visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and (e) promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2 Reference is made to the Supplementary Conditions(Part A, Section 00800)for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the"technical data"contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.3 Copies of investigations and Geotechnical reports are made available to each Bidder with the purchase of complete sets of Bidding Documents. Those reports and related drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph SC-4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions. 4.5 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 00100-3 4.6 On request, with advanced notice, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations,tests and studies. 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that may be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price)for such work, is applicable. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any)that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Owner written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer and distributed by the Owner is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of Article 1-4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated Biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06 of the General Conditions. 4.10 The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) and accounted for these circumstances in the preparation of the bid and schedule of construction. ARTICLE 5-AVAILABILITY OF LANDS FOR WORK, ETC. 5.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.2 Each bidder is instructed to fully acquaint himself with the status of easement acquisitions by the Owner at the time of submission of his bid and the possibility of the acquisitions of the parcels remaining to be acquired, if any. The Bidder shall sequence and schedule his work to delay schedule impacts caused by unacquired easements so as not to interfere with the progress of the work in other areas of the Project. The Owner shall not be liable for any damage that may occur to the Contractor for any and all delay through delay of the Owner in securing the necessary right- of-way. The Owner agrees that it shall make every effort to acquire easements with all speed and diligence possible. ARTICLE 6-ADDENDA AND INTERPRETATIONS 00100-4 6.1 Bidders shall promptly notify Joyce Tolbert, Buyer, in writing, of any ambiguity, inconsistency, or error which they may discover upon examination of the Bidding Documents or the site. Fax to 407-656-3501 or email jtolbert( ci.ocoee.fl.us. Respondents should not contact City staff, with the exception of Joyce Tolbert, Buyer, or other City consultants for information before the bid award date. Any contact with any other member of the City Staff, City Commission, or its Agents during this time period may be grounds for disqualification. All questions about the meaning or intent of the Bidding Documents shall be submitted to Joyce Tolbert, Buyer in writing. Replies considered necessary shall be issued through Addenda by certified mail to all parties recorded by Engineer as having received complete sets of Bidding Documents up to seventy-two (72) hours before bid time. Brief addenda which do not materially alter the scope of work may be issued between seventy-two (72)hours and twenty-four(24)hours before bid time by facsimile (fax) to all planholders. Questions received less than seven (7) calendar days prior to the date for opening of Bids shall not be answered. Only questions answered by formal written Addenda shall be binding and prospective Bidders are warned that no other source than a formal written Addenda is authorized to give information concerning, or to explain or interpret the Bidding Documents. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from its terms and requirements. ARTICLE 7-BID SECURITY 7.1 Bid Security shall be submitted and shall be made payable to owner, in an amount of not less than five (5) percent of the Bidder's Contract Price and in the form of a cashier's check or a Bid Bond issued by a Surety meeting the requirements of Article 20 of this section and Article 5 of the General Conditions. The Bid Bond shall be issued by a company having a registered agent in the State of Florida. Personal checks are not acceptable. 7.2 The Bid Security of the Bidder shall be retained until such Bidder has executed the Agreement and furnished the required payment and performance bonds,whereupon the Bid Security shall be returned. If the Successful Bidder fails to furnish the qualifications submittals or fails to execute and deliver the Agreement and furnish the required Bonds within ten days of the Notice of Award, Owner may rescind the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the ninety-first day after the Bid opening. Bid Security of other Bidders shall be returned approximately seven days after the Bid opening. ARTICLE 8-CONTRACT TIME The number of consecutive calendar days within which, or the date of which, the Work is to be completed (the Contract Time) is set forth in the Agreement (Section 00500). Liquidated damages shall be assessed for late completion. An. early completion bonus is offered for this project as set forth in the Agreement(Section 00500). ARTICLE 9-INDEMNIFICATION 9.1 Refer to the Supplementary Conditions Section 00800 ARTICLE 10-SUBSTITUTE MATERIAL AND EQUIPMENT The Contract, if awarded, shall be awarded on the basis of material and equipment described in the Drawings or specified in the Specifications with consideration of possible substitute or "or 00100-5 equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance shall be considered by Engineer until after the "Effective Date of the Agreement." The procedure for submittal of any such application by Contractor and consideration by Engineer is set forth in the General Conditions, as may be supplemented in Division 1, General Requirements. If a substitution list is provided as part of the prescribed Base Bid Form, Bidders must identify proposed substitute materials. These substitute materials and equipment shall be evaluated after "Effective Date of the Agreement." Only the proposed alternatives, substitutions or "or equal" items listed on the Substitution List shall be evaluated by the Engineer in accordance with the General Conditions. The cost of changes in related work, additional drawings which may be required to illustrate or define the alternate equipment and its relationship to the other parts or portions of the Work shall be paid by the Contractor. No change shall be made in the amount of time in which to complete the Work or in the liquidated damages. If the proposed substituted material or equipment is found to be unacceptable to the Engineer as an "or equal" item, then the Base Bid material or equipment named in the specification or the Bid Form (circled item)shall be furnished by the Contractor. ARTICLE 11 -SUBCONTRACTORS, ETC. 11.1 Each Bid must identify the names and addresses of the subcontractors listed in the Bid Form "Questionnaire (Section 00301)." If requested by the Owner or Engineer, the Bidder, and any other Bidder so requested, shall,within seven days after the date of the request, submit to Owner an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, other person or organization, either may, before giving the Notice of Award, request the Bidder to submit an acceptable substitute without an increase in Contract Price nor Contract Time. If the Bidder declines to make any such substitution, the Owner may elect not to award the Contract to such Bidder. A Bidder's declining to make any such substitution shall not constitute grounds for sacrificing his Bid Security. No Bidder shall be required to employ any subcontractor, other person or organization against whom Bidder has reasonable objection. 11.2 Procedures for approval of other subcontractors after execution of the Agreement(Section 00500) are described in the General and Supplementary Conditions. 11.3 No more than 50% of the dollar value of the total Bid amount for the Work may be accomplished by subcontractors. The balance of the Work must be accomplished by the Bidder's own forces. (Work in this respect does not include cost paid to suppliers for materials and equipment furnished for this project). ARTICLE 12-BID FORM 12.1 One(1)copy of the Bid Form is included in the Contract Documents for the Bidder's use. 12.2 Bid Forms must be completed in ink or typed. The Bid price of each item and lump sum "Total Bid" or "Total Base Bid" on the Bid Form must be stated in words and numerals; in case of a conflict,words shall take precedence. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and State of incorporation must be shown below the signature. If requested, the person signing a Bid for a corporation or partnership must produce evidence satisfactory to the Owner of the person's authority to bind the corporation or partnership. If the Bidder is a corporation, and if the 00100-6 Bid is executed by someone other than the President or Vice President of the corporation, attach to the Bid a certified copy of corporate resolutions of the board of directors of the corporation authorizing the person to execute the Bid on behalf of the Corporation. 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 All names and titles must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form). 12.7 The address in which communications regarding the Bid are to be directed must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown. 12.9 Bids must be priced on a lump sum basis for the base contract and include a separate price for each alternate described in the Specifications as provided for in the Bid Form. The price of the Bid for each alternate will be the amount to be added to or deducted from the price of the base Bid if Owner selects the alternate. 12.10 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances named in the Contract Documents as provided in GC-11.02. 12.11 Bids which are incomplete, conditional, or which contain additions not called for, alterations or irregularities of any kind may be rejected. ARTICLE 13-SUBMISSION OF BIDS 13.1 Bids shall be submitted before the time and at the place indicated in the Invitation to Bid, and shall be submitted in an opaque sealed envelope. The envelope shall be marked on the exterior "Bid for Construction of McKey Street Improvements" with the name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "SEALED BID ENVELOPE ENCLOSED" on the face thereof. The Owner shall in no way be responsible for delays caused by the United States Postal Service or for delays caused by any other occurrence. Bids sent by telegram or telecopy shall not be accepted by the Owner. 13.2 Each Bid must contain the following documents in completed form: (One [1] copy each as provided herein within the Contract Documents and externally to the Contract Documents): 1. Bid Forms (Bidding Documents, entire Section 00300, 00301A and 00301B) 2. Bid Bond (surety bond or cashier's check). (Section 00410) (Original and one (1) copy if required) 3. Corporate authority to execute Bid (any corporate employee other than president or vice- president)(Section 00410) 4. Power of Attorney (for surety bond only) 5. Noncollusion Affidavit(Section 00480) 6. Certification of Nonsegregated Facilities(Section 00481) 7. Sworn Statement on Public Entity Crimes(Section.00482) 8. Certification of Nondiscriminatory Labor Practices (Section 00483) 00100-7 13.3 More than one Bid received for the same work from an individual, firm or partnership, a corporation or association under the same or different names shall not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same work shall cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion shall not be considered. ARTICLE 14-MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the deadline for submitting Bids. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so; and, in case signed by a deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the request for withdrawal or modifications. Withdrawal of a Bid shall not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn, modified, or explained. 14.2 If within 24 hours after bids are opened, any Bidder files a duly signed written notice with Owner and within 48 hours thereafter demonstrates to the reasonable satisfaction of the Owner that: a) there has been a material and substantial mistake in the preparation of the Bid; and that b) the mistake is of such great consequence that to enforce the Contract would be unconscionable; and that c)the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security shall be returned provided that the Owner is not seriously prejudiced, except for the loss of its bargain. ARTICLE 15-OPENING OF BIDS 15.1 At the specified time and place as indicated in the"Invitation to Bid" Bids shall be opened publicly (unless obviously non-responsive)and read aloud. 15.2 An abstract of the amounts of the Total Bids and suppliers of major equipment or alternates, (if any), shall be prepared and made available to all Bidders within a reasonable time after the opening of Bids. ARTICLE 16-BIDS TO REMAIN SUBJECT TO ACCEPTANCE 16.1 All Bids shall remain open for delivery by the Owner of the Notice of Award for ninety (90) calendar days after the day of the Bid opening, but Owner may, at his sole discretion, release any Bid and return the Bid Security prior to that date. 16.2 Extensions of time when Bids shall remain open beyond the ninety (90)day period may be made only by mutual agreement between Owner, the Bidder, and the surety, if any,for the Bidder ARTICLE 17-AWARD OF CONTRACT 17.1 The City reserves the right to make an award to one or more bidders based upon the "Total Bid" or"Total Base Bid", or based upon any one or a combination of bid items. The City reserves the right to reject any or all Bids, including without limitation, any or all nonconforming, non- responsive, unbalanced or conditional Bids. The City reserves the right to reject the Bid of any Bidder if the City believes that it would not be in the best interest of the City to make an award to that Bidder. Bids may be considered irregular and subject to rejection if they show serious omission, unauthorized alterations of form, unauthorized alternate bids, incomplete or unbalanced 00100-8 unit prices or irregularities of any kind. City also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 Alternates determined by the City, in its sole discretion, to be acceptable (if any) shall be considered in determining the lowest responsive, responsible Bidder. In evaluating Bids, City may consider the qualifications and experience of the Bidders and listed subcontractors, whether or not the Bids comply with the prescribed requirements, alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 The City specifically reserves the right to accept any bid or bids other than the lowest responsible and responsive bid when, in the City's sole and absolute discretion, the City determines such action to be in the best interests of the City. The City, in its sole discretion, reserves the right to reject any and all Bids and to waive any informality concerning Bids whenever such rejection or waiver is in the best interest of the City. If Bids exceed the amount of funds estimated by the City as available to finance the Project, the City may reject all bids or may award the Contract in the best interest of the City. The award of a contract under this bid solicitation may be contingent upon the City of Ocoee securing adequate bond financing or funding for this Project. The City of Ocoee shall not be required to award this Contract if adequate funding is not available. The ability of a Bidder to obtain a performance and payment bond shall not be regarded as the sole test of such Bidder's competency or responsibility. Nothing contained herein shall place a duty upon the City to reject Bids or award the contract based upon anything other than the City's sole and absolute discretion as described herein. By submitting a Bid, Bidder recognizes and accepts that the City may reject the Bid based upon the exercise of its sole discretion and absolute discretion and Bidder waives any claim it might have for damages or other relief resulting from the rejection of its Bid based on the City's sole and absolute discretion. 17.4 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted pursuant to these Instructions to Bidders. 17.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and ability of the Bidders, proposed subcontractors and other persons and organizations to perform the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 17.6 One contract for the Work shall be awarded, if an award is made, to the Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the City. The Successful Bidder who is awarded the Contract shall be required to perform the Work as a prime Contractor. No assignment of the Contract shall be allowed without written permission of the Owner. 17.7 If the Contract is to be awarded, the Owner will give the Successful Bidder a Notice of Intent to Award within 30 days after the day of the Bid opening. It is the intent, based upon acceptable bid price, to request City Commission's Authorization of Award at the June 1, 2004 regular City Commission meeting, and begin Construction on June 14, 2004, and to proceed expeditiously through construction to achieve the earliest possible completion date, no later than December 14, 2004. It is anticipated that a bonus may be offered to the Contractor if the project can be completed on or before November 30,2004. 00100-9 ARTICLE 18-TAXES 18.1 The Contractor shall pay all applicable taxes and by such means as described by the General Conditions. The Contractor is responsible for reviewing the pertinent State statutes involving the sales tax and complying with all requirements. ARTICLE 19-ORGANIZATION OF DRAWINGS AND SPECIFICATIONS 19.1 Drawings and Specifications for the Work are incorporated as follows: A. Contract to Perform Construction Services,consisting of: 1. Agreement 2. Exhibits to Agreement B. Project Manual for Continuing Construction Services, consisting of: 1. Bidding Documents 2. Construction Documents 3. Agreement 4. Division 0-Bidding and Contract Requirements 5. Division 1 -General Requirements 6. Division 2-15(Technical Specifications) 7. Appendix C. The Drawings have been separately bound together within a single document. ARTICLE 20-QUALIFICATIONS OF SURETY COMPANIES(If A Bid Bond Is Required) In order to be acceptable to the Owner, a surety company issuing Bid Guaranty Bonds, Performance/Payment Bonds or Maintenance Bond, called for in these Specifications, shall meet and comply with the following minimum standards: A. Surety must be admitted to do business in the State of Florida and shall comply with the provision of Florida Statute 255.05. B. Surety companies executing bonds must appear on the United States Treasury Department's most current list(Circular 570 as amended). C. Attorneys-in-fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their power of attorney to sign such bond. D. Agents of surety companies must list their name, address and telephone number on all bonds. E. Surety shall have at least the following minimum ratings; CONTRACT AMOUNT BESTS RATINGS to 50,000 Class IV B+or better 50,000 to 500,000 Class V A or better 500,000 to 2,500,000 Class VI A or better 2,500,000 and over Class VII A or better 00100-10 RATINGS SCHEDULE(net worth of Bonding Company) Class IV 3,750,000 to 5,000,000 Class V 7,500,000 to 12,500,000 Class VI 25,000,000 to 50,000,000 Class VII 75,000,000 to 100,000,000 F. All bonds must be provided on the forms contained in the Bid Documents. Failure to provide bonds on the Owner's forms may result in the rejection of the bid and the forfeiture of the Bid Security. ARTICLE 21 - INTERPRETATION OF QUANTITIES In the case of unit price items, the quantities of work to be done and materials to be furnished under this Contract, as given in the Proposal (Bid Form), are to be considered as approximate only and are to be used solely for the comparison of Bids received. The OWNER and/or his ENGINEER do not expressly or by implication represent that the actual quantities involved shall correspond exactly therewith; nor shall the Bidder plead misunderstanding or deception because of such estimate or quantities or of the character, location or other conditions pertaining to the work. Payment to the CONTRACTOR shall be made only for the actual quantities of Work performed or material furnished in accordance with the Drawings and other Contract Documents, and it is understood that the quantities may be increased or diminished as provided in the General Conditions without in any way invalidating any of the unit or lump sum prices bid. ARTICLE 22-CONSTRUCTION SAFETY 22.1 In instances where such is applicable due to the nature of the Work matter with which this Bid is concerned; all materials, equipment, etc., as proposed and offered by Bidders must meet and conform to all Occupational Safety and Health Act (OSHA) requirements. The Bidders'signature upon the Bid Form (Section 00300) is considered certification of conformance to such requirements. 22.2 In the event this contract requires trench excavation, the requirement of Florida Statutes 553.60, et seq., shall be adhered to by all Bidders. All costs associated with complying with these requirements shall bye as detailed in the Certificate of Compliance with Florida Trench Safety Act (Section 00301A). ARTICLE 23- SPECIAL WARRANTY, PERFORMANCE BOND, INSURANCE AND CORRECTION PERIOD REQUIREMENTS There are special requirements pertaining to Warranty, Performance Bond, Insurance, and the Correction Period which are described in the Bidding Documents. The Bidder must include in his Bid the consideration to be paid by the Owner for the Special Warranty, Performance Bond, Insurance and Correction Period requirements as set forth in the Contract Documents. ARTICLE 24-SIGNING OF THE AGREEMENT 24.1 When the City gives a Notice of Award to the Successful Bidder, the City will provide one (1) unsigned Agreement (Section 00500) and all other Contract Documents shall accompany it. Within ten (10) days of receipt thereafter, the Successful Bidder shall sign and deliver the Agreement to the City together with the required Bonds, Insurance Certificates and Endorsements. Within ten (10) days after the City signs the Agreement, the City shall deliver a fully signed copy of the Agreement to the Successful Bidder. 00100-11 24.2 A Successful Bidder who is awarded the Contract and fails to execute the Agreement or furnish the required Bonds or insurance certificates and endorsements within the period specified in 24.1 above, shall have its Notice of Award rescinded and shall forfeit its Bid Security to Owner as liquidated damages for its failure to enter into a contract with the Owner. ARTICLE 25-PROTESTS The City's Procurement Department will consider Bid Protests seeking contract award, damages, and/or any other relief. Any Bidder seeking to file Bid Protest SHALL use the following procedures: 25.1 A bidder SHALL file a written Bid Protest under this Article, or be barred any relief. 25.2 A Bid Protest: (a) must be in writing (oral protests will NOT be acknowledged); (b)the content of the Bid Protest shall fully state the factual and legal grounds for the protest and the legal basis for the relief requested; and (c)The Bid Protest shall be served on Joyce Tolbert, Buyer and received by Joyce Tolbert, Buyer not later than three (3) business days after the date of the Notice of Award. 25.3 After a Bid Protest has been properly filed with the City, the City, by and through its Procurement Department shall make a determination on the merits of the protest not later than five (5)business days after receipt of the protest. If the City denies the protest, the City may proceed with award of the Contract unless enjoined by order of a Court of competent jurisdiction. 25.4 A Bid Protest SHALL be limited to the following grounds: (a)issues arising from the procurement provisions of the Project Manual and/or the Bid Package or Contract Documents; and/or (b) applicable federal, state or local law. No Bid Protest may be based upon questions concerning the design documents. The Bidder shall clarify all such questions concerning the design of the project prior to submitting its bid. ARTICLE 26-APPRENTICES In the event this Contract is in excess of$25,000.00, the apprentice employment requirements of Chapter 446.011(3), Florida Statutes are hereby incorporated: 26.1 The CONTRACTOR agrees: 26.1.1 That he will make a diligent effort to hire for the performance of the Contract a number of apprentices in each occupation which bears to the average number of the journeyman in that occupation to be employed in the performance of the Contract, the ratio of at least one apprentice to every five journeymen. 26.1.2 That he will, when feasible, assure that 25 percent of such apprentices are in their first year of training, except when the number of apprentices to be hired is fewer than four. Feasibility here involves a consideration of the availability of training opportunities for first-year apprentices, the hazardous nature of the work for beginning workers and excessive unemployment of the apprentices in their second and subsequent years of training. 26.1.3 That, during the performance of the Contract, he will make diligent efforts to employ the number of apprentices necessary to meet requirements of subparagraphs 1 and 2. 00100-12 26.2 The CONTRACTOR agrees to return records of employment by trade of the number of apprentices and apprentices by first year of training and of journeymen the wages paid and hours of work of such apprentices and journeymen, on a form as prescribed by the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities at three-month intervals. Submission of duplicate copies of forms submitted to the United States Department of Labor shall be sufficient compliance with the provisions of this section. 26.3 The CONTRACTOR agrees to supply to the Bureau of Apprenticeship of the Division of Labor and Employment Opportunities, at three-month intervals, a statement describing steps taken toward making a diligent effort and containing a breakdown by craft of hours worked and wages paid for first-year apprentices, other apprentices and journeymen. 26.4 The CONTRACTOR agrees to insert in any subcontract under this Contract the requirements contained in this section. The term "Contractor," as used in such clauses and any subcontract, shall mean the"subcontractor." ARTICLE 27 -LICENSES AND PERMITS 27.1 Permits for this Construction Project obtained by the Owner are limited to those permits listed in • Division 1 of the Contract Documents. The Contractor shall be required to comply with all provisions of such permits regarding workmanship, schedules, notification of starting construction, and any other conditions under which the permits are issued. 27.2 The Contractor shall obtain all necessary building permits from the City and is responsible for all associated permit fees. 27.3 The Contractor shall obtain and pay for all federal, state, county, and City permits, licenses, and other authorizations required for the prosecution of the Work, including the cost of all Work performed in compliance with the terms and conditions of such permits, licenses, and authorizations,whether by himself or others. ARTICLE 28-CONTINGENCY ALLOWANCES A contingency allowance may be included as part of the Schedule of Bid Prices. This allowance is included to cover Contract items identified in Section 01025 - Measurement and Payment. Prior to the initiation of any expenditure of any contingency allowance, an executed formal Change Order is necessary for the utilization of contingency funds. The method for computing Change Order dollar amounts shall be as specified in the General Conditions. ARTICLE 29- RETAINAGE Provisions concerning retainage and Contractors'rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 30- PRE-BID CONFERENCE A pre-bid conference will be held at the time and place indicated in the "Invitation for Bids." Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. The City will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 00100-13 END OF SECTION 00100-14 SECTION 00200 INFORMATION AVAILABLE TO BIDDERS 1. The Engineer has relied upon the following information. This information is for general information only and shall not be considered a part of the Bidding or Contract Documents. LISTING OF INFORMATION AVAILABLE TO BIDDERS A. Reports and Investigations Title Date Prepared by Availability Report of Geotechnical April 1, 2004 Geotechnical and Included Engineering Investigation Environmental Consultants, Inc. 2. Utilities: Existing utilities have been shown on the Drawings insofar as information is reasonably available; however, it will be the Contractor's responsibility to preserve all existing utilities whether shown on the Drawings or not. If utility conflicts are encountered by the Contractor during construction, the Contractor shall give sufficient notice to the Owners so that they may make the necessary adjustments. Damage to any utilities which, in the opinion of the Owner and Engineer, is caused by carelessness on the part of the Contractor shall be repaired at the Contractor's expense. Any delays ensuing from this damage will be considered as inexcusable. 3. Permits: The Owner is in the process of Submitting and gaining approval of specific construction permits related to this Work prior to advertising. The contractor will be responsible for picking up the permits and paying all fee's with an allowance, according to the Bid Form. The Contractor shall strictly adhere to the specific conditions or requirements of all such permits issued by the governmental unit(s) or agency(ies) having jurisdiction over the Work. Whenever there is a difference in the requirements of a jurisdictional body and these Specifications, the more stringent shall apply. END OF SECTION 00200-1 i DATE SUBMITTED: NAME OF BIDDER: SECTION 00300 BID FORM SUBMrFI LD: (Date) PROJECT IDENTIFICATION: CITY OF OCOEE,FLORIDA MCKEY STREET IMPROVEMENTS NAME OF BIDDER: BUSINESS ADDRESS: PHONE NO.: CONTRACTOR'S FLORIDA LICENSE NO.: THIS BID IS SUBMITTED TO: City of Ocoee, Florida(hereinafter called Owner) 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Ownerin the form included in the Contract Documents, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid Form and the Agreement, and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Bidding Documents including without limitation those dealing with the disposition of Bid Bond. This Bid will remain open for ninety (90) caleidar days after the day of Bid opening. BIDDER will sign and deliver the Agreement with the Bonds and other documents required by the Bidding Requirements within ten(10)days after the date of OWNER'S Notice of(Intent to)Award. 3. In submitting this Bid, Bidder makes all representations required by the Instructions to Bidders and the Agreement and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents and of the following Addenda: No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated No. Dated (Receipt of all which is hereby acknowledged) and ako copies of the Invitation for Bids and the Instructions to Bidders. b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local.conditions, ordinances, laws and regulations that in any mamer may affect the cost, progress, performance or furnishing the Work. c. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to exiting surface of subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data"contained in 00300-1 DATE SUBMITTED: NAME OF BIDDER: such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. d. BIDDER has obtained and carefully studied(or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations,tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methds, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e. BIDDER is aware of the general nature of Work to be performed by OWNER ani others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations,tests, studies and date with the Contract Documents. g. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which.this Bid is submitted. h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, assaiation, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a farce or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. i. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete all work of the PROJECT within the Contract Time. Completion Schedule 1) The Project shall be substantially complete (successful pressure testing and bacteriological testing of completed water mains) in One Hundred Twenty (120) consecutive calendar days from the official Notice to Proceed. 2) The Project shall be finally complete(Completed and Ready for Final Payment) in one hundred twenty (180)days from the official Notice to Proceed. 3) The Contractor may earn a bonus of$20,000 for achieving final conpletion of the Project on or before November 30, 2004 as provided in the Agreement (Section 00500). The City may assess liquidated damages of$1,000/day for late completion as provided in the Agreement(Section 00500). 00300-2 DATE SUBMITTED: NAME OF BIDDER: 4. All bid items shall include all materials, equipment, labor, permit fees, taxes, tests, miscellaneous costs of all types, overhead, and profit for the item to be complete, in place, and ready for operation in the manner contemplated by the Contract Documents. Bidder submits the following TOTAL BID OR TOTAL BASE BID to perform all the Work as required by the Drawings and Specifictons. 5. In accordance with Article 17 of the Instructions to Bidders, if the Contract is to be awarded, it will be awarded by considering the lowest "Total Base Bid" after adjustments for additive or deductive alternates. Additive or deductive alternates (if any) will be considered in determining the lowest responsive, responsible Bidder. The Owner reserves the right to accept any or all additive or deductive alternates, in his sole discretion, prior to the award of the Contract. The Owner also reserves the right to delete any portion of the Work as shown in the bid schedule prior to award and adjust each bidder's "Total Bid" accordingly. 6. The following documents are made a condition of this Bid: a. Bidding Documents and shall include the following: 1. Bid Forms(entire Section 00300, 00301, 00301A and 00301B) 2. Bid Bond(Surety Bond or Cashier's Check). (Section 00410) 3. Corporate Authority to execute Bid 4. Power of Attorney(for Surety Bond only) 5. Noncollusion Affidavit(Section 00480) 6. Certification of Nonsegregated Facilities(Section 00481) 7. Sworn Statement on Public Entity Crimes(Section 00482) 8. Certification of Nondiscriminatory Labor Practices(Section 00483) 9. References(On company letterhead) (Remainder of Page Left Blank Intentionally.) 00300-3 DATE SUBMITTED: NAME OF BIDDER: (Page Left Blank Intentionally.) 00300-4 DATE SUBMITTED: NAME OF BIDDER: SCHEDULE OF BID ITEMS CITY OF OCOEE MCKEY STREET IMPROVEMENTS NOTE: BIDS shall include sales tax and all other applicable taxes and fees. NO. Item Units Unit Price Amount Total Price 1. City of Ocoee Permit Fee's 1 $10,000.00 $10,000.00 (Allowance) 2. Orange County Permit Fee's 1_ $1,000.00 $1,000.00 (Water and sewer) (Allowance) 3. Mobilization,Demobilization, 1 $ $ Bonds and Permits (Maximum of 5% of Total Bid) 4. General Requirements- $ $ Division 1(except as follows under this item) 5. Field Engineering and $ $ Exploratory Excavation 6. Record Drawing Preparation $ $ 7. Color Audio-Video $ $ Preconstruction Record 8. Clearing and demolition a. Clear and Grub $ $ b. Tree protection $ $ 9. Underground Utilities-MEP a. Potable Water 8" PVC $ $ 10. Stormwater System a. 8" RCP $ $ b. 12" RCP $ $ c. 15" RCP $ $ 00300-5 d. Inlet—Type V $ $ e. Inlet—Type 9 $ $ f. Manhole(P8) $ $ 11. Grading a. Final Grading $ $ b. Fill $ $ c. Turbidity Barrier $ $ d. Silt Fence $ $ 12. Pavements with curbs a. Asphalt $ $ b. Soil Cement $ $ c. Type"D"curb $ $ d. Decorative Paving(Pedestrian) $ $ e. Decorative Paving(Vehicular) $ $ 13. Landscape Planting $ $ (Incl. all soil amendments, sodding and seeding not necessary for grading stabilization, fine grading,guying/staking,and all other materials and labor necessary for a complete installation) 14. Irrigation system $ $ (including all heads,piping,valves,fittings,controllers,wiring,and all other materials and labor necessary for a fully operational system) 15. Site Furnishings Benches $ $ Trash Receptacles $ $ Planter Pots $ $ 16. Compliance with Florida Trench Safety Act $ $ 17. All other items required (List other items individually as required to provide a complete streetscape as described on the drawings and specifications) $ $ $ $ TOTAL OF LUMP SUM BASE BID $ 6 OE-CC SECTION 00500 AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2004 by and between the City of Ocoee,Florida,a municipal corporation,hereinafter called the OWNER,and , hereinafter called the CONTRACTOR OWNER and CONTRACTOR,in consideration or the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CITY OF OCOEE alimogigoomomms ::::: ? :.moi........ .. ...t.::;:,;i;•;+:'•:�:i.:::::::•:.Y::•::.,.:::.y;>::.:r::..;::.:. .......:::::::.: ' mtoopogoiamagatingiiiiiiiiiimemis Article 2. ENGINEER The Project has been designed by Herbert Halback,Inc(HHI),who is hereinafter called ENGINEER and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents with completion of the Work in accordance with the Contract I Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work shall be Substantially complete € `:�"` riming' `? a:;m consecutive calendar days from the effective ate of the Notice to Proceed as provided in paragraph 2.03 of the General Conditions (Commencement of Contract Time;Notice to Proceed). 3.2 The Work shall be Finally Completed and ready for final payment in accordance with pargaph the General Conditions (Final Payment and Acceptance) within n•U4fa SI 14:. 3 of consecutive calendar days from the effective date of the Notice to Proceed as provided in paragraph 2.03 of the General Conditions(Commencement of Contract Time;Notice to Proceed). 3.3 As provided in paragraphs 3.1 and 3.2 above,the Work will be substantially completed on or before , 2004,and completed and ready for final payment on or before • ,2004. 3.4 CONTRACTOR agrees that time is of the essence of this Agreement and that OWNER will suffer financial loss of a nature and in an amount that is impracticable to identify and calculate if the Work is not completed within the times specified in paragraph 3.3 above. Contractor also agrees that undue expense would be involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the OWNER One Thousand 00500-1 completion and One Thousand dollars ($1,000.00) for each day that expires beyond the time specified in paragraph 3.3 above for fmal completion (readiness for fmal payment). Contractor agrees that such liquidated damages do not constitute a penalty. Contractor agrees that such liquidated damages do not include, nor are they intended to encompass, actual damages that the Owner may incur as set forth in Article 3.5. 3.5 In addition to the liquidated damages,there shall be additional damages paid by the CONTRACTOR to the OWNER for inexcusable delays by CONTRACTOR. These actual delay damages will include,but not be limited to, delay damage settlements or awards owed by OWNER to others, inspection and engineering services, delay penalties, fmes or penalties imposed by regulatory agencies, contract damages, and professional fees (including attorneys' fees) incurred by OWNER in connection with such settlements, awards,delay penalties,regulatory fmes or penalties,and contract damages. 3.6 At the sole and absolute discretion of the Owner, Contractor may be paid an early completion bonus of $20,000 for achieving fmal completion on or before November 30, 2004. Such early fmal completion must be achieved regardless of any delays, disruptions or interferences of any nature or kind in order for the Contractor to earn the bonus. For purposes of determining whether Contractor has earned the bonus, the Owner shall have sole and absolute discretion that shall not be reviewed by any court. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance of the work in accordance with the Contract Documents in current funds at the Total Base Bid Price of P -_ )or unit prices presented on the Bid Form,Schedule of Bid Items attached to this Agreement. 4.2 The CONTRACTOR agrees that the Contract Price is a stipulated sum except with regard to those items in the Bid which are subject to unit prices and agrees to perform all of the Work as described in the Contract Documents, subject to additions and deductions by Change Order, and comply with the terms therein for the Total Base Bid stated in the attached Bid Schedule of the Bid Form. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER on or before the tenth day after the end of each month for which payment is requested as provided in paragraphs 5.1.1. and 5.1.2 below. All such progress payments will be on the basis of the progress of the Work measured by the Schedule of Values established in paragraph 2.07 of the.General Conditions(Finalizing Schedules)(and in the case of Unit Price,Work based on the number of units completed)or, in the event there is no schedule of valves,as provided in the General Requirements. 5.1.1 Prior to Final Completion (paragraph 3.3 above), progress payments will be made in an amount equal to the percentage indicated below,but, in each case,less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02.B of the General Conditions(Review of Application for Progress Payments). Ninety percent(90%) of the value of Work completed, and ninety percent (90%) of the value of materials and equipment not incorporated into the Work but delivered and suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02.A of the General Conditions; with the balance of the value of the work being retainage. 00500-2 5.1.2 Upon Substantial Completion in an amount sufficient to increase total payments to CONTRACTOR to 95 percent(95%) of the Contract Price(with the balance of the Value of the work being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions(Review of Application for Progress Payments). 5.2 Final Payment-Upon fmal completion and acceptance of the Work in accordance with Paragraph 14.07.B of the General Conditions (Final Payment and Acceptance), as supplemented, OWNER shall pay CONTRACTOR an amount sufficient to increase total payments to 100 percent of the Contract Price. However, not less than two percent (2%) of the contract price shall be retained until Record Drawings, specifications, addenda, modifications and shop drawings, including all manufacturers instructional and parts manuals,are delivered to and accepted by the ENGINEER. ARTICLE 6. INTEREST All monies not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of seven(7%)percent simple annual interest. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost,progress,performance and furnishings of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal,state and local Laws and Regulations that may affect cost,progress,performance and furnishing of the work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site(except Underground Facilities)which have been identified in Section 00200 "Information Available to Bidders." CONTRACTOR accepts the determination set forth in paragraph SC-4.02 of the Supplementary Conditions of the extent of the"technical data"contained in such reports and drawings upon which CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. 7.5 CONTRACTOR has obtained and carefully studied(or assumes responsibility for having done so)all such additional supplementary examinations, investigations, explorations, test, studies and data concerning conditions(surface,subsurface and Underground Facilities)at or contiguous to the site or otherwise which may affect costs, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the wok at the Contract Price,within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 00500-3 7.6 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.7 CONTRACTOR has correlated the information know to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations,investigations,explorations,tests,studies and data with the Contract Documents. 7.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors,ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.9 CONTRACTOR shall perform Work with a value of not less than fifty percent(50%)of the Contract Price with his own forces. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the work are attached to this Agreement,made a part hereof and consist of the following: 8.1 This Agreement(Section 00500)(pages 1 to 5,inclusive). 8.2 Exhibits to this Agreement(All drawings listed in the attached Section 00200 Information Available to the Bidders and all Specifications included in the project manual,inclusive). 8.3 Performance Bond, Payment Bonds and Certificates of Insurance (Section 00610, 00620 and 00650, respectively). 8.4 Notice of Intent to Award and Notice to Proceed(Sections 00840 and 00841,respectively). 8.5 General Conditions (Section 00700 -NSPE - EJCDC Document No. 1910-8 (1996 Edition), as modified and supplemented. 8.6 Supplementary Conditions(Section 00800). 8.7 Project Manual bearing the general title 3J. _ _ a _ and consisting of Divisions 0 through 16,as listed in the Table of Contents thereof. 8.8 Drawings consisting of a cover sheet and the sheets bearing the following general title: 8.9 Addenda numbers to ,inclusive. • 8.10 CONTRACTOR's Bid(Section 00300)(pages 1 to ,inclusive). 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award(pages 1 to ,inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All applicable provisions of State and Federal Law, all Written Amendments and other documents amending,modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. 00500-4 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended,modified or supplemented as provided in paragraph 3.04 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 (Definitions)of the General Conditions shall have the meanings indicated in the General Conditions,as modified in the Supplementary Conditions. 9.2 No assignment by a party hereto of any rights under, or interests in, the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due, and moneys that are due, may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. Notwithstanding the foregoing,the OWNER may assign this contract to the State of Florida or any political subdivision, municipality, special district or authority thereof without CONTRACTOR's consent and without recourse. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.4 Waiver of Jury Trial; Legal Costs. It is mutually agreed by and between the CONTRACTOR and OWNER that each of the parties do hereby waive trail by jury in any action,proceeding or claim which may be brought by either of the parties hereto against the other on any matters concerning or arising out of this Agreement. 9.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. (Remainder of Page Left Blank Intentionally) 00500-5 IT WITNESS WHEREOF,the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on his behalf This Agreement will be effective on ,2004. A IThST: By: (SEAL) APPROVED: A I"I'hST: CITY OF OCOEE,FLORIDA Jean Grafton,City Clerk S. Scott Vandergrift,Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY CITY OF OCOEE,FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND LEGALITY HELD ON ,2004 THIS DAY OF ,2004. UNDER AGENDA ITEM NO. FOLEY&LARDNER By: City Attorney 00500-6 SECTION 00501 CORPORATE AUTHORITY TO EXECUTE DOCUMENTS I HEREBY CERTIFY that a meeting of the Board of Directors of (Contractor's Corporate Name) a corporation under the laws of the State of ,held on the day of , 2002, the following resolution was duly passed and adopted: "RESOLVED, that (signature of individual) (typed name of individual) As of the corporation, is hereby authorized to execute and all documents required (title) to be signed by an officer of the Corporation in order to submit a valid bid,contract and bond for (project name) between the CITY OF OCOEE , a municipal corporation, and this corporation, and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed shall be the official act and deed of this corporation." I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 2002. (CORPORATE SEAL) (Corporate Secretary) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2002 by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation)corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification) as identification and did/did not take an oath. (Notary Public) My Commission Expires: END OF SECTION 00501-1 • This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or Imodification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT • Prepared by • ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and 0 Issued and Published Jointly By ASCE NProfessionalational Society of Engineers AMERICAN CONSULTINGCIVIL Professional Engineers in Private Practice AMERICANENSOCIIER OF ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General ra c. Contractors of America Construction Specifications Institute 7�/w401 e ents These General Conditions have been prepared for with�and Owner-Contractor ange in one maytenemcessitateoa change in the other.0 8-A-2) (1996 Editions). Their provisions are interrelateddance in the Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance o. a in the 17) preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary (1996 Edition). EJCDC No. 1910-8(1996 Edition) Copyright°1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 - American Consulting Engineers Council 1015 15th Street N.W.,Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 00700-2 TABLE OF CONTENTS Psigt ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 00700 - 600700 - 6 1.01 Defined Terms 00700 - 8 1.02 Terminology 00700 - 9 ARTICLE 2 - PRELIMINARY MATTERS 00700 9 2.01 Delivery of Bonds 00700- 9 2.02 Copies of Documents 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed 00700 - 9 2.04 Starting the Work 00700 - 9 2.05 Before Starting Construction 00700 - 10 2.06 Preconstruction Conference 00700 - 10 2.07 Initial Acceptance of Schedules 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 00700 - 10 3.01 Intent 00700 - 10 3.02 Reference Standards 00700 - 11 3.03 Reporting and Resolving Discrepancies 00700 - 11 3.04 Amending and Supplementing Contract Documents 00700 - 11 3.05 Reuse of Documents ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; 00700 11 REFERENCE POINTS 00700 - 11 4.01 Availability.of Lands 00700- 12 4.02 Subsurface and Physical Conditions 00700 12 4.03 Differing Subsurface or Physical Conditions 00700- 13 4.04 Underground Facilities 00700 - 13 4.05 Reference Points 00700 - 13 4.06 Hazardous Environmental Condition at Site 00700 - 15 I ARTICLE 5 - BONDS AND INSURANCE 00700 - 15 5.01 Performance, Payment, and Other Bonds 00700- 15 5.02 Licensed Sureties and Insurers 00700 - 15 5.03 Certificates of Insurance 5.04 CONIRACTOR's Liability Insurance 00700 - 15 00700 - 165 5.05 OWNER's Liability Insurance 00700- 16 5.06 Property Insurance 5.07 Waiver of Rights 00700- 16 00700 - 17 5.08 Receipt and Application of Insurance Proceeds 00700 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 00700 18 5.10 Partial Utilization, Aclotowledgment of Property Insurer 00700- 18 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 00700 - 18 6.01 Supervision and Superintendence 00700 - 18 6.02 . Labor; Working Hours 00700- 19 6.03 Services, Materials, and Equipment 00700- 19 6.04 Progress Schedule 00700- 19 6.05 Substitutes and "Or-Equals" 6.06 Concerning Subcontractors, Suppliers, and Others 00700 - 29 00700 - 20 6.07 Patent Fees and Royalties 00700- 21 6.08 Permits 00700-22 6.09 Lax's and Regulations 00700- 22 6.10 Taxes 00700- 22 6.11 Use of Site and Other Areas 00700- 22 6.12 Record Documents 00700 -22 6.13 Safety and Protection 00700- 23 6.14 Safety Representative p0700- 23 6.15 Hazard Communication Programs 00700- 3 6.16 Emergencies 00700 - 23 6.17 Shop Drawings and Samples 00700-23 6.18 Continuing the Work 00700-24 6.19 CONTRACTOR's General Warranty and Guarantee 00700- 25 6.20 Indemnification 00700-25 ARTICLE 7 -OTHER WORK 00700-26 7.01 Related Work at Site • 00700- 26 7.02 Coordination 00700- 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 00700- 26 8.01 Communications to Contractor 00700- 26 8.02 Replacement of ENGINEER 00700 -26 8.03 Furnish Data 00700- 26 8.04 Pay Promptly When Due 00700-26 8.05 Lands and Easements;Reports and Tests 00700 -26 • 8.06 Insurance 00700 - 27 8.07 Change Orders 00700-27 8.08 Inspections, Tests, and Approvals 00700 -27 8.09 Limitations on OWNER's Responsibilities 00700 -27 8.10 Undisclosed Hazardous Environmental Condition 00700-27 8.11 Evidence of Financial Arrangements 00700-27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 00700- 27 9.01 OWNER'S Representative 00700-27 9.02 Visits to Site 00700- 27 9.03 Project Representative 00700 -27 9.04 Clarifications and Interpretations 00700- 28 9.05 Authorized Variations in Work 00700- 28 9.06 Rejecting Defective Work 00700- 28 9.07 Shop Drawings, Change Orders and Payments 00700- 28 9.08 Determinations for Unit Price Work 00700 -28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 00700-28 9.10 Limitations on ENGINEER's Authority and Responsibilities 00700-28 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS 00700-29 10.01 Authorized Changes in the Work 00700 -29 10.02 Unauthorized Changes in the Work 00700-29 10.03 Execution of Change Orders 00700- 29 10.04 Notification to Surety 00700-29 10.05 Claims and Disputes 00700-30 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 00700-30 11.01 Cost of the Work 00700-30 11.02 Cash Allowances 00700-32 11.03 Unit Price Work 00700-32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 00700-33 12.01 Change of Contract Price 00700- 33 12.02 Change of Contract Times 00700- 33 12.03 Delays Beyond CONTRACTOR's Control 00700-33 12.04 Delays Within CONTRACTOR'S Control 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control 00700 - 34 12.06 Delay Damages 00700- 34 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 00700- 34 13.01 Notice of Defects 00700-34 13.02 Access to Work 00700 - 34 13.03 Tests and Inspections 00700-34 13.04 Uncovering Work 00700-35 13.05 OWNER May Stop the Work 00700- 35 13.06 Correction or Removal of Defective Work 00700 -35 00700-4 13.07 Correction Period 00700- 35 13.08 Acceptance of Defective Work 00700 -36 13.09 OWNER May Correct Defective Work 00700-36 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 00700-36 14.01 Schedule of Values 00700-36 14.02 Progress Payments 00700-3700700 -37 14.03 CONTRACTOR'S Warranty of Title 14.04 Substantial Completion 00700-38 14.05 Partial Utilization 00700-39 14.06 Final Inspection 007.00-39 14.07 Final Payment 00700-3900700-39 14.08 Final Completion Delayed 00700-40 14.09 Waiver of Claims 00700-40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 00700-40 15.01 OWNER May Suspend Work 0 15.02 OWNER May Terminate for Cause 00700-40 00700-4 15.03 OWNER May Terminate For Convenience 00700-41 1 15.04 CONTRACTOR May Stop Work or Terminate 00700-41 ARTICLE 16- DISPUTE RESOLUTION 00700-41 16.01 Methods and Procedures 00700-42 ARTICLE 17-MISCELLANEOUS 00700-42 17.01 Giving Notice 00700-42 17.02 Computation of Times. 00700-42 17.03 Cumulative Remedies 00700-42 17.04 Survival of Obligations 00700-42 17.05 Controlling Law 00700-5 � 1 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Contract Times, issued on or after the Effective Date of the Agreement. 1.01 Defined Terms 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price A. Wherever used in the Contract Documents and or Contract Times, or both, or other relief with respect to primed with initial or all capital letters, the terms listed the terms of the Contract. A demana for money or below will have the meanings indicated which are applicable services by a third parry is not a Claim. to both the singular and plural thereof. 11. Contract--The entire and integrated written 1. Addenda--Written or graphic instruments issued agreement between the OWNER and CONTRACTOR prior to the opening of Bids which clarify, correct, or concerning the Work. The Contract supersedes prior change the Bidding Requirements or the Contract negotiations, representations, or agreements, whether Documents. written or oral. 2. Agreement--The written instrument which is 12. Contract Documents--The Contract Documents evidence of the agreement between OWNER and establish the rights and obligations of the parties and CONTRACTOR covering the Work. include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including 3. Application for Payment--The form acceptable to documentation accompanying the Bid and any post Bid ENGINEER which is to be used by CONTRACTOR documentation submitted prior to the Notice of Award) during the course of the Work in requesting progress or when attached as an exhibit to the Agreement, the Notice final payments and which is to be accompanied by such to Proceed, the Bonds, these General Conditions, the supporting documentation as is required by the Contract Supplementary Conditions, the Specifications and the Documents. Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, 4. Asbestos--Any material that contains more than Change Orders, Work Change Directives, Field Orders, one percent asbestos and is friable or is releasing asbestos and ENGINEER's written interpretations and fibers into the air above cm-rent action levels established clarifications issued on or after the Effective Date of the by the United States Occupational Safety and Health Agreement. Approved Shop Drawings and the reports Administration. and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of 5. Bid--The offer or proposal of a bidder submitted the items listed in this paragraph are Contract Documents. on the prescribed form setting forth the prices for the Files in electronic media format of text, data, graphics, Work to be performed. and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all 13. Contract Price—The moneys payable by OWNER Addenda issued prior to receipt of Bids). to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the 7. Bidding Requirements--The Advertisement or Agreement(subject to the provisions of paragraph 11.03 Invitation to Bid, Instructions to Bidders, Bid security in the case of Unit Price Work). form, if any, and the Bid form with any supplements. 14. Contract Times--The number of days or the dates 8. Bonds--Performance and payment bonds and stated in the Agreement to: (i) achieve Substantial other instruments of security. Completion; and(ii)complete the Work so that it is ready for final payment as evidenced by ENGINEER's written 9. Change Order--A document recommended by recommendation of final payment. ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision 15. CONTRACTOR—The individual or entity with in the Work or an adjustment in the Contract Price or the whom OWNER has entered into the Agreement. 00700 -6 16. Cost of the Work--See paragraph 11.01.A for 27. Milestone—A principal event specified in the definition. Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the 17. Drawings—That part of the Contract Documents Work. prepared or approved by ENGINEER which graphically shows the scope,extent, and character of the Work to be 28. Notice of Award—The written notice by OWNER performed by CONTRACTOR. Shop Drawings and to the apparent successful bidder stating that upon timely other CONTRACTOR submittals are not Drawings as so compliance by the apparent successful bidder with the defined. conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, 29. Notice to Proceed--A written notice given by but if no such date is indicated, it means the date on OWNER to CONTRACTOR fixing the date on which the which the Agreement is signed and delivered by the last Contract Times will commence to run and on which of the two parties to sign and deliver. CONTRACTOR shall start to perform the Work under the Contract Documents. 19. ENGINEER—The individual or entity named as such in the Agreement. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 20. ENGINEER's Consultant—An individual or entity the Agreement and for whom the Work is to be having a contract with ENGINEER to furnish services as performed. ENGINEER'S independent professional associate or consultant with respect to the Project and who is 31. Partial Utilization—Use by OWNER of a substan- identified as such in the Supplementary Conditions. tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to 21. Field Order--A written order issued by ENGI- Substantial Completion of all the Work. NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or 32. PCBs—Polychlorinated biphenyls. the Contract Times. 33. Petroleum—Petroleum,including crude oil or any 22. General Requirements--Sections of Division 1 of fraction thereof which is liquid at standard conditions of the Specifications. The General Requirements pertain to temperature and pressure(60 degrees Fahrenheit and 14.7 all sections of the Specifications. pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil 23. Hazardous Environmental Condition—The mixed with other non-Hazardous Waste and crude oils. presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such 34. Project—The total construction of which the quantities or circumstances that may present a substantial Work to be performed under the Contract Documents danger to persons or property exposed thereto in may be the whole, or a part as may be indicated connection with the Work. elsewhere in the Contract Documents. 24. Hazardous Waste--The term Hazardous Waste 35. Project Manual—The bound documentary shall have the meaning provided in Section 1004 of the information prepared for bidding and constructing the Solid Waste Disposal Act (42 USC Section 6903) as Work. A listing of the contents of the Project Manual, amended from time to time. which may be bound in one or more volumes, is contained in the table(s) of contents. 25. Laws and Regulations;Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, 36. Radioactive Material—Source, special nuclear, or codes, and orders of any and all governmental bodies, byproduct material as defined by the Atomic Energy Act agencies, authorities, and courts having jurisdiction. of 1954(42 USC Section 2011 et seq.) as amended from time to time. 26. Liens—Charges, security interests, or _ d encumbrances upon Project funds, real property, or 37.representative Resident ENGINEERrwho may be assigned t the personal property. Site or any part thereof. 00700 - 7 38. Samples--Physical examples of materials, steam, liquid petroleum products, telephone or other equipment, or workmanship that are representative of communications, cable television, water, wastewater, some portion of the Work and which establish the storm water, other liquids or chemicals, or traffic or standards by which such portion of the Work will be other control-systems. judged. 47. Unit Price Work--Work to be paid for on the 39. Shop Drawings--MI drawings,diagrams, illustra- basis of unit prices. tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48. Work--The entire completed construction or the TRACTOR and submined by CONTRACTOR to various separately identifiable parts thereof required to be illustrate some portion of the Work. provided under the Contract Documents. Work includes and is the result of performing or providing all labor, 40. Site--Lands or areas indicated in.the Contract services, and documentation necessary to produce such Documents as being furnished by OWNER upon which construction, and furnishing, installing, and incorporating the Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands required by the Contract Documents. furnished by OWNER which are designated for the use of CONTRACTOR. 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of 41. Specifications—That part of the Contract the Agreement and signed by OWNER and recommended Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and in the Work, or responding to differing or unforeseen workmanship as applied to the Work and certain subsurface or physical conditions under which the Work administrative details applicable thereto. is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the 42. Subcontractor--An individual or entity having a Contract Timesbut is evidence that the parties expect that direct contract with CONTRACTOR or with any other the change ordered or documented by a Work Change Subcontractor for the performance of a part of the Work Directive will be incorporated in a subsequently issued at the Site. Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract 43. Substantial Completion--The time at which the Times. Work (or a specified pan thereof) has progressed to the point where, in the opinion of ENGINEER, the Work(or 50. Written Amendment--A written statement a specified pan thereof) is sufficiently complete, in modifying the Contract Documents, signed by OWNER accordance with the Contract Documents, so that the and CONTRACTOR on or after the Effective Date of the Work(or a specified part thereof) can be utilized for the Agreement and normally dealing with the nonengineering purposes for which it is intended. The terms or nontechnical rather than strictly_ construction-related "substantially complete" and "substantially completed" as aspects of the Contract Documents. applied to all or part of the Work refer to Substantial Completion thereof. I.02 Terminology 44. Supplementary Conditions--That part of the A. Intent of Certain Terms or Adjectives Contract Documents which amends or supplements these General Conditions. 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or 45. Supplier--A manufacturer, fabricator, supplier, import are used, or the adjectives "reasonable," distributor, materialman, or vendor having a direct "suitable," "acceptable," "proper," "satisfactory," or contract with CONTRACTOR or with any Subcontractor adjectives of like effect or import are used to describe an to furnish materials or equipment to be incorporated in action or determination of ENGINEER as to the Work, it the Work by CONTRACTOR or any Subcontractor. is intended that such action or determination will be solely to evaluate, in general, the completed Work for 46. Underground Facilities--All underground compliance with the requirements of and information in pipelines, conduits, ducts, cables, wires, manholes, the Contract Documents and conformance with the design vaults, tanks, tunnels, or other such facilities or concept of the completed Project as a functioning whole attachments, and any encasements containing such as shown or indicated in the Contract Documents (unless facilities, including those that convey electricity, gases, there is a specific statement indicating otherwise). The 00700 - 8 use of any such term or adjective shall not be effective to ARTICLE 2 - PRELIMINARY MATTERS assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the 2.01 Delivery of Bonds provisions of paragraph 9.10 or any other provision of the Contract Documents. A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver B. Day to OWNER such Bonds as CONTRACTOR may be required to furnish. 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2.02 Copies of Documents C. Defective A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be 1. The word "defective," when modifying the word furnished upon request at the cost of reproduction. "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract 2.03 Commencement of Contract Times;Notice to Proceed Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred A. The Contract Times will commence to run on the to in the Contract Documents, or has been damaged prior thirtieth day after the Effective Date of the Agreement or, if to ENGINEER's recommendation of final payment a Notice to Proceed is given, on the day indicated in the (unless responsibility for the protection thereof has been Notice to Proceed. A Notice to Proceed may be given at any assumed by OWNER at Substantial Completion in accor- time within 30 days after the Effective Date of the dance with paragraph 14.04 or 14.05). Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening D. Furnish, Install, Perform, Provide or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to 2.04 Starting the Work supply and deliver said services, materials, or equipment to the Site(or some other specified location)ready for use A. CONTRACTOR shall start to perform the Work on or installation and in usable or operable condition. the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the 2. The word "install," when used in connection Contract Times commence to run. with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, 2.05 Before Starting Construction or equipment complete and ready for intended use. A. CONTRACTOR'S Review of Contract Documents: 3. The words "perform" or "provide," when used Before undertaking each part of the Work, CONTRACTOR in connection with services, materials, or equipment, shall carefully study and compare the Contract Documents shall mean to furnish and install said services, materials, and check and verify pertinent figures therein and all or equipment complete and ready for intended use. applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, 4. When "furnish," "install," "perform," or "pro- ambiguity, or discrepancy which CONTRACTOR may vide" is not used in connection with services, materials, discover and shall obtain a written interpretation or or equipment in a context clearly requiring an obligation clarification from ENGINEER before proceeding with any of CONTRACTOR, "provide" is implied. Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any E. Unless stated otherwise in the Contract Documents, conflict, error, ambiguity, or discrepancy in the Contract words or phrases which have a well-known technical or Documents unless CONTRACTOR knew or reasonably construction industry or trade meaning are used in the should have known thereof. Contract Documents in accordance with such recognized B. Preliminary Schedules: Within ten days after the meaning. Effective Date of the Agreement (unless otherwise specified 00700 - 9 in the General Requirements), CONTRACTOR shall submit 1. The progress schedule will be acceptable to to ENGINEER for its timely review: ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and 1. a preliminary progress schedule indicating the the Contract Times. Such acceptance will not impose on times (numbers of days or dates) for starting and ENGINEER responsibility for the progress schedule, for completing the various stages of the Work, including any sequencing, scheduling, or progress of the Work nor Milestones specified in the Contract Documents; interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal 2. CONTRACTOR's schedule of Shop Drawing and and the times for submitting, reviewing, and processing Sample submittals will be acceptable to ENGINEER if it such submittal; and provides a workable arrangement for reviewing and processing the required submittals. 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which 3. CONTRACTOR's schedule of values will be when added together equal the Contract Price and subdi- acceptable to ENGINEER as to form and substance if it vides the Work into component parts in sufficient detail provides a reasonable allocation of the Contract Price to to serve as the basis for progress payments during component parts of the Work. performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE • C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified 3.01 Intent in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any A. The Contract Documents are complementary; what additional insured may reasonably request) which is called for by one is as binding as if called for by all. CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be 2.06 Preconstruction Conference constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment A. Within 20 days after the Contract Times start to run, that may reasonably be inferred from the Contract Docu- but before any Work at the Site is started, a conference ments or from prevailing custom or trade usage as being attended by CONTRACTOR, ENGINEER, and others as required to produce the intended result will be provided appropriate will be held to establish a working understanding whether or not specifically called for at no additional cost to among the parties as to the Work and to discuss the schedules OWNER. referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications C. Clarifications and interpretations of the Contract for Payment, and maintaining required records. Documents shall be issued by ENGINEER as provided in Article 9. 2.07 Initial Acceptance of Schedules 3.02 Reference Standards A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first A. Standards, Specifications, Codes, Laws, and Application for Payment a conference attended by CON- Regulations TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1. Reference to standards, specifications, manuals, below the schedules submitted in accordance with paragraph or codes of any technical society, organization, or 2.05.B. CONTRACTOR shall have an additional ten days to association, or to Laws or Regulations, whether such make corrections and adjustments and to complete and reference be specific or by implication, shall mean the resubmit the schedules. No progress payment shall be made standard,specification,manual,code,or Laws or Regula- to CONTRACTOR until acceptable schedules are submitted dons in effect at the Date of the time Agrof optiif there g of Bids e(or on the were to ENGINEER. 00700- 10 except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents Contract Documents. A. The Contract Documents may be amended to provide 2. No provision of any such standard, specification, for additions, deletions, and revisions in the Work or to manual or code, or any instruction of a Supplier shall be modify the terms and conditions thereof in one or more of the effective to change the duties or responsibilities of following ways: (i) a Written Amendment; (ii) a Change OWNER, CONTRACTOR, or ENGINEER, or any of Order; or (iii) a Work Change Directive. their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall B. The requirements of the Contract Documents may be any such provision or instruction be effective to assign to supplemented, and minor variations and deviations in the OWNER, ENGINEER, or any of ENGINEER'S Work may be authorized, by one or more of the following Consultants, agents, or employees any duty or authority ways: (i) a Field Order; (ii) ENGINEER'S approval of a to supervise or direct the performance of the Work or any Shop Drawing or Sample; or (iii) ENGINEER'S written duty or authority to undertake responsibility inconsistent interpretation or clarification. with the provisions of the Contract Documents. 3.05 Reuse of Documents 3.03 Reporting and Resolving Discrepancies A. CONTRACTOR and any Subcontractor or Supplier A. Reporting Discrepancies or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: 1. If, during the performance of the Work, (i) shall not have or acquire any title to or ownership rights CONTRACTOR discovers any conflict, error, ambiguity, in any of the Drawings, Specifications, or other documents or discrepancy within the Contract Documents or between (or copies of any thereof)prepared by or bearing the seal of the Contract Documents and any provision of any Law or ENGINEER or ENGINEER'S Consultant, including Regulation applicable to the performance of the Work or electronic media editions; and(ii)shall not reuse any of such of any standard, specification, manual or code, or of any Drawings, Specifications, other documents, or copies thereof instruction of any Supplier, CONTRACTOR shall report on extensions of the Project or any other project without it to ENGINEER in writing at once. CONTRACTOR written consent of OWNER and ENGINEER and specific shall not proceed with the Work affected thereby (except written verification or adaption by ENGINEER. This in an emergency as required by paragraph 6.16.A) until prohibition will survive final payment, completion, and an amendment or supplement to the Contract Documents acceptance of the Work, or termination or completion of the has been issued by one of the methods indicated in Contract. Nothing herein shall preclude CONTRACTOR paragraph 3.04;provided,however,that CONTRACTOR from retaining copies of the Contract Documents for record shall not be liable to OWNER or ENGINEER for failure purposes. to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably ARTICLE 4 - AVAILABILITY OF LANDS should have known thereof. SUBSURFACE AND PHYSICAL CONDITIONS; B. Resolving Discrepancies REFERENCE POINTS 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract 4.01 Availability of Lands Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the A. OWNER shall furnish the Site. OWNER shall notify provisions of the Contract Documents and: CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site a. the provisions of any standard, specification, with which CONTRACTOR must comply in performing the manual, code, or instruction (whether or not specifi- Work. OWNER will obtain in a timely manner and pay for cally incorporated by reference in the Contract easements for permanent structures or permanent changes in Documents); or existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, b. the provisions of any Laws or Regulations if any, of any adjustment in the Contract Price or Contract applicable to the performance of the Work (unless Times, or both, as a result of any delay in OWNER'S such an interpretation of the provisions of the furnishing the Site, CONTRACTOR may make a Claim Contract Documents would result in violation of such therefor as provided in paragraph 10.05. Law or Regulation). 00700 - 11 B. Upon reasonable written request, OWNER shall 4.03 Differing Subsurface or Physical Conditions furnish CONTRACTOR with a current statement of record legal tide and legal description of the lands upon which the A. Notice: If CONTRACTOR believes that any subsur- Work is to be performed and OWNER's interest therein as face or physical condition at or contiguous to the Site that is necessary for giving notice of or filing a mechanic's or uncovered or revealed either: construction lien against such lands in accordance with applicable Laws and Regulations. 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to C. CONTRACTOR shall provide for all additional lands rely as provided in paragraph 4.02 is materially and access thereto that may be required for temporary inaccurate; or construction facilities or storage of materials and equipment. 2: is of such a nature as to require a change in the 4.02 Subsurface and Physical Conditions Contract Documents; or A. Reports and Drawings: The Supplementary 3. differs materially from that shown or indicated in Conditions identify: the Contract Documents; or 1. those reports of explorations and tests of 4. is of an unusual nature, and differs materially subsurface conditions at or contiguous to the Site that from conditions ordinarily encountered and generally ENGINEER has used in preparing the Contract Docu- recognized as inherent in work of the character provided ments; and for in the Contract Documents; 2. those drawings of physical conditions in or then CONTRACTOR shall, promptly after becoming aware relating to existing surface or subsurface structures at or thereof and before further disturbing the subsurface or contiguous to the Site(except Underground Facilities)that physical conditions or performing any Work in connection ENGINEER has used in preparing the Contract therewith(except in an emergency as required by paragraph Documents. 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb B. Limited Reliance by CONTRACTOR on Technical such condition or perform any Work in connection therewith Data Authorized: CONTRACTOR may rely upon the (except as aforesaid) until receipt of written order to do so. general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not B. ENGINEER'S Review: After receipt of written notice Contract Documents. Such "technical data" is identified in as required by paragraph 4.03.A, ENGINEER will promptly the Supplementary Conditions. Except for such reliance on review the pertinent condition, determine the necessity of such "technical data," CONTRACTOR may not rely upon or OWNER's obtaining additional exploration or tests with make any Claim against OWNER, ENGINEER, or any of respect thereto, and advise OWNER in writing (with a copy ENGINEER's Consultants with respect to: to CONTRACTOR) of ENGINEER's findings and conclusions. 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not C. Possible Price and Times Adjustments limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to 1. The Contract Price or the Contract Times, or be employed by CONTRACTOR, and safety precautions both, will be equitably adjusted to the extent that the and programs incident thereto; or existence of such differing subsurface or physical condition causes an increase or decrease in 2. other data, interpretations, opinions, and CONTRACTOR's cost of, or time required for, perfor- information contained in such reports or shown or mance of the Work; subject, however, to the following: indicated in such drawings; or a. such condition must meet any one or more of 3. any CONTRACTOR interpretation of or the categories described in paragraph 4.03.A; and conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 00700- 12 2. CONTRACTOR shall not be entitled to any b. locating all Underground Facilities shown or adjustment in the Contract Price or Contract Times if: indicated in the Contract Documents, a. CONTRACTOR knew of the existence of c. coordination of the Work with the owners of such conditions at the time CONTRACTOR made a such Underground Facilities, including OWNER, final commitment to OWNER in respect of Contract during construction,and Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto b. the existence of such condition could resulting from the Work. reasonably have been discovered or revealed as a result of any examination, investigation, exploration, B. Not Shown or Indicated test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract 1. If an Underground Facility is uncovered or Documents to be conducted by or for CON- revealed at or contiguous to the Site which was not shown TRACTOR prior to CONTRACTOR'S making such or indicated, or not shown or indicated with reasonable fmal commitment; or accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before c. CONTRACTOR failed to give the written further disturbing conditions affected thereby or notice within the time and as required by paragraph performing any Work in connection therewith (except in 4.03.A. an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written 3. If OWNER and CONTRACTOR are unable to notice to that owner and to OWNER and ENGINEER. agree on entitlement to or on the amount or extent, if any, ENGINEER will promptly review the Underground of any adjustment in the Contract Price or Contract Facility and determine the extent, if any, to which a Times, or both, a Claim may be made therefor as change is required in the Contract Documents to reflect provided in paragraph 10.05. However, OWNER, and document the consequences of the existence or ENGINEER, and ENGINEER's Consultants shall not be location of the Underground Facility. During such time, liable to CONTRACTOR for any claims, costs, losses, or CONTRACTOR shall be responsible for the safety and , damages (including but not limited to all fees and charges protection of such Underground Facility. of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 2. If ENGINEER concludes that a change in the costs) sustained by CONTRACTOR on or in connection Contract Documents is required, a Work Change with any other project or anticipated project. Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment 4.04 Underground Facilities shall be made in the Contract Price of Contract Times,or both, to the extent that they are attributable to the A. Shown or Indicated:The information and data shown existence or location of any Underground Facility that or indicated in the Contract Documents with respect to was not shown or indicated or not shown or indicated existing Underground Facilities at or contiguous to the Site with reasonable accuracy in the Contract Documents and is based on information and data furnished to OWNER or that CONTRACTOR did not know of and could not ENGINEER by the owners of such Underground Facilities, reasonably have been expected to be aware of or to have including OWNER, or by others. Unless it is otherwise anticipated. If OWNER and CONTRACTOR are unable expressly provided in the Supplementary Conditions: to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract 1. OWNER and ENGINEER shall not be Times, OWNER or CONTRACTOR may make a Claim responsible for the accuracy or completeness of any such therefor as provided in paragraph 10.05. information or data; and 4.05 Reference Points 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full A. OWNER shall provide engineering surveys to responsibility for: establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- a. reviewing and checking all such information TRACTOR to proceed with the Work. CONTRACTOR and data, shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700 - 13 monuments, and shall make no changes or relocations Environmental Condition, CONTRACTOR shall immedi- without the prior written approval of OWNER. ately: 0)secure or otherwise isolate such condition; (ii) stop • CONTRACTOR shall report to ENGINEER whenever any all Work in connection with such condition and in any area reference point or property monument is lost or destroyed or affected thereby (except in an emergency as required by requires relocation because of necessary changes in grades or paragraph 6.16); and (iii) notify OWNER and ENGINEER locations, and shall be responsible for the accurate (and promptly thereafter confirm such notice in writing). replacement or relocation of such reference points or OWNER shall promptly consult with ENGINEER concerning property monuments by professionally qualified personnel. the necessity for OWNER to retain a qualified expert to • evaluate such condition or take corrective action, if any. 4.06 Hazardous Environmental Condition at Site E. CONTRACTOR shall not be required to resume A. Reports and Drawings: Reference is made to the Work in connection with such condition or in any affected Supplementary Conditions for the identification of those area until after OWNER has obtained any required permits reports and drawings relating to a Hazardous Environmental related thereto and delivered to CONTRACTOR written Condition identified at the Site, if any, that have been utilized notice: (i) specifying that such condition and any affected by the ENGINEER in the preparation of the Contract area is or has been rendered safe for the resumption of Work; Documents. or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and B. Limited Reliance by CONTRACTOR on Technical CONTRACTOR cannot agree as to entitlement to or on the Data Authorized: CONTRACTOR may rely upon the amount or extent, if any, of any adjustment in Contract Price general accuracy of the "technical data" contained in such or Contract Times, or both, as a result of such Work stop- reports and drawings,but such reports and drawings are not page or such special conditions under which Work is agreed Contract Documents. Such "technical data" is identified in to be resumed by CONTRACTOR, either party may make a the Supplementary Conditions. Except for such reliance on Claim therefor as provided in paragraph 10.05. such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of F. If after receipt of such written notice ENGINEER's Consultants with respect to: CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to 1. the completeness of such reports and drawings resume such Work under such special conditions, then for CONTRACTOR's purposes, including, but not OWNER may order the portion of the Work that is in the limited to, any aspects of the means, methods, area affected by such condition to be deleted from the Work. techniques, sequences and procedures of construction to If OWNER and CONTRACTOR cannot agree as to be employed by CONTRACTOR and safety precautions entitlement to or on the amount or extent, if any, of an and programs incident thereto; or adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may 2. other data, interpretations, opinions and make a Claim therefor as provided in paragraph 10.05. information contained in such reports or shown or OWNER may have such deleted portion of the Work indicated in such drawings; or performed by OWNER's own forces or others in accordance with Article 7. 3. any CONTRACTOR interpretation of or . conclusion drawn from any "technical data" or any such G. To the fullest extent permitted by Laws and other data, interpretations, opinions or information. Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, C. CONTRACTOR shall not be responsible for any ENGINEER's Consultants and the officers, directors, Hazardous Environmental Condition uncovered or revealed partners, employees, agents, other consultants, and at the Site which was not shown or indicated in Drawings or subcontractors of each and any of them from and against all Specifications or identified in the Contract Documents to be claims,costs, losses, and damages (including but not limited within the scope of the Work. CONTRACTOR shall be to all fees and charges of engineers, architects, attorneys, and responsible for a Hazardous Environmental Condition created other professionals and all court or arbitration or other with any materials brought to the Site by CONTRACTOR, dispute resolution costs) arising out of or relating to a Subcontractors, Suppliers, or anyone else for whom CON- Hazardous Environmental Condition, provided that such TRACTOR is responsible. Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in D. If CONTRACTOR encounters a Hazardous the Contract Documents to be included within the scope of Environmental Condition or if CONTRACTOR or anyone for the Work, and (ii)was not created by CONTRACTOR or by whom CONTRACTOR is responsible creates a Hazardous anyone for whom CONTRACTOR is responsible. Nothing 00700- 14 in this paragraph 4.06.E shall obligate OWNER to indemnify of paragraph 5.01.B, CONTRACTOR shall within 20 days any individual or entity from and against the consequences of thereafter substitute another Bond and surety, both of which that individual's or entity's own negligence. shall comply with the requirements of paragraphs 5.01.B and 5.02. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold 5.02 Licensed Sureties and Insurers harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors,partners, employees, agents, other A. All Bonds and insurance required by the Contract consultants, and subcontractors of each and any of them from Documents to be purchased and maintained by OWNER or and against all claims, costs, losses, and damages (including CONTRACTOR shall be obtained from surety or insurance but not limited to all fees and charges of engineers, companies that are duly licensed or authorized in the architects, attorneys, and other professionals and all court or jurisdiction in which the Project is located to issue Bonds or arbitration or other dispute resolution costs) arising out of or insurance policies for the limits and coverages so required, relating to a Hazardous Environmental Condition created by Such surety and insurance companies shall also meet such CONTRACTOR or by anyone for whom CONTRACTOR is additional requirements and qualifications as may be provided responsible. Nothing in this paragraph 4.06.F shall obligate in the Supplementary Conditions. CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's 5.03 Cernficases of Insurance own negligence. A. CONTRACTOR shall deliver to OWNER, with I. The provisions of paragraphs 4.02, 4.03, and 4.04 copies to each additional insured identified in the Supple- are not intended to apply to a Hazardous Environmental mentary Conditions, certificates of insurance (and other Condition uncovered or revealed at the Site. evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to ARTICLE 5 - BONDS AND INSURANCE CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by 5.01 Performance, Payment, and Other Bonds CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. A. CONTRACTOR shall furnish performance .and payment Bonds, each in an amount at least equal to the 5.04 CONTRACTOR's Liability Insurance Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the A. CONTRACTOR shall purchase and maintain such Contract Documents. These Bonds shall remain in effect at liability and other insurance as is appropriate for the Work least until one year after the date when final payment being performed and as will provide protection from claims becomes due, except as provided otherwise by Laws or set forth below which may arise out of or result from Regulations or by the Contract Documents. CONTRACTOR CONTRACTOR'S performance of the Work and shall also furnish such other Bonds as are required by the CONTRACTOR'S other obligations under the Contract tr b t Contract Documents. Documents, whether it is to be performedy CONTRACTOR, any Subcontractor or Supplier, or by B. All Bonds shall be in the form prescribed by the anyone directly or indirectly employed by any of them to Contract Documents except as provided otherwise by Laws perform any of the Work, or by anyone for whose acts any or Regulations, and shall be executed by such sureties as are of them may be liable: named in the current list of"Companies Holding Certificates 1. claims under workers' compensation, disability of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular benefits, and other similar employee benefit acts; 570(amended)by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds 2. claims for damages because of bodily injury, signed by an agent must be accompanied by a certified copy occupational sicknessemployees;rdisease, or death of of such agent's authority to act. C. If the surety on any Bond furnished by CON- 3. claims for damages because person of bodily i jthan TRACTOR is declared bankrupt or becomes insolvent or its sickness or disease, or death of any right to do business is terminated in any state where any part CONTRACTOR'S employees; of the Project is located or it ceases to meet the requirements 00700- 15 4. claims for damages insured by reasonably correcting, removing, or replacing defective Work in available personal injury liability coverage which are sus- accordance with paragraph 13.07; and tained: (i)by any person as a result of an offense directly or indirectly related to the employment of such person by 7. with respect to completed operations insurance, CONTRACTOR, or (ii) by any other person for any and any insurance coverage written on a claims-made other reason; basis, remain in effect for at least two years after final payment(and CONTRACTOR shall furnish OWNER and 5. claims for damages, other than to the Work each other additional insured identified in the Supple- itself, because of injury to or destruction of tangible mentary Conditions, to whom a certificate of insurance property wherever located, including loss of use resulting has been issued, evidence satisfactory to OWNER and therefrom; and any such additional insured of continuation of such • insurance at final payment and one year thereafter). 6. claims for damages because of bodily injury or death of any person or property damage arising out of the 5.05 OWNER's Liability Insurance ownership, maintenance or use of any motor vehicle. A. In addition to the insurance required to be provided B. The policies of insurance so required by this by CONTRACTOR under paragraph 5.04, OWNER, at paragraph 5.04 to be purchased and maintained shall: OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect 1. with respect to insurance required by paragraphs OWNER against claims which may arise from operations 5.04.A.3 through 5.04.A.6 inclusive, include as under the Contract Documents. additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, 5.06 Property Insurance ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of A. Unless otherwise provided in the Supplementary whom shall be listed as additional insureds, and include Conditions, OWNER shall purchase and maintain property coverage for the respective officers, directors, partners, insurance upon the Work at the Site in the amount of the full employees, agents, and other consultants and replacement cost thereof(subject to such deductible amounts subcontractors of each and any of all such additional as may be provided in the Supplementary Conditions or insureds, and the insurance afforded to these additional required by Laws and Regulations). This insurance shall: insureds shall provide primary coverage for all claims covered thereby; 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER'S 2. include at least the specific coverages and be Consultants, and any other individuals or entities identi- written for not less than the limits of liability provided in fled in the Supplementary Conditions, and the officers, the Supplementary Conditions or required by Laws or directors, partners, employees, agents, and other Regulations, whichever is greater; consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and 3. include completed operations insurance; shall be listed as an additional insured; 4. include contractual liability insurance covering 2. be written on a Builder's Risk"all-risk" or open CONTRACTOR's indemnity obligations under para- peril or special causes of loss policy form that shall at graphs 6.07, 6.11, and 6.20; least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and 5. contain a provision or endorsement that the equipment in transit, and shall insure against at least the coverage afforded will not be canceled, materially following perils or causes of loss: fire, lightning. changed or renewal refused until at least thirty days prior extended coverage, theft, vandalism and malicious written notice has been given to OWNER and mischief, earthquake, collapse, debris removal, CONTRACTOR and to each other additional insured demolition occasioned by enforcement of Laws and identified in the Supplementary Conditions to whom a Regulations, water damage, and such other perils or certificate of insurance has been issued (and the causes of loss as may be specifically required by the certificates of insurance furnished by the CONTRACTOR Supplementary Conditions; pursuant to paragraph 5.03 will so provide); 3. include expenses incurred in the repair or 6. remain in effect at least until final payment and replacement of any insured property (including but not at all times thereafter when CONTRACTOR may be limited to fees and charges of engineers and architects); 00700- 16 4. cover materials and equipment stored at the Site at the Site, OWNER shall in writing advise CONTRACTOR or at another location that was agreed to in writing by whether or not such other insurance has been procured by OWNER prior to being incorporated in the Work, OWNER. provided that such materials and equipment have been included in an Application for Payment recommended by 5.07 Waiver of Rights ENGINEER; A. OWNER and CONTRACTOR intend that all policies 5. allow for partial utilization of the Work by purchased in accordance with paragraph 5.06 will protect OWNER; OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or 6. include testing and startup; and entities identified in the Supplementary Conditions to be listed as insureds or additional insureds 'and the officers, 7. be maintained in effect until final payment is directors, partners, employees, agents, and other consultants made unless otherwise agreed to in writing by OWNER, and subcontractors of each and any of them) in such policies CONTRACTOR, and ENGINEER with 30 days written and will provide primary coverage for all losses and damages notice to each other additional insured to whom a certify- caused by the perils or causes of loss covered thereby. All cate of insurance has been issued. such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will B. OWNER shall purchase and maintain such boiler and have no rights of recovery against any of the insureds or machinery insurance or additional property insurance as may additional insureds thereunder. OWNER and CONTRAC- be required by the Supplementary Conditions or Laws and TOR waive all rights against each other and their respective :egulations which will include the interests of OWNER, officers, directors, partners, employees, agents, and other .2ONTRACTOR, Subcontractors, ENGINEER, consultants and subcontractors of each and any of them for ENGINEER's Consultants, and any other individuals or all losses and damages caused by, arising out of or resulting ntities identified in the Supplementary Conditions, each of from any of the perils or causes of loss covered by such thorn is deemed to have an insurable interest and shall be policies and any other property insurance applicable to the listed as an insured or additional insured. Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and C. All the policies of insurance (and the certificates or all other individuals or entities identified in the Supplemen- other evidence thereof) required to be purchased and tary Conditions to be listed as insureds or additional insureds maintained in accordance with paragraph 5.06 will contain a (and the officers, directors,partners, employees, agents, and rovision or endorsement that the coverage afforded will not other consultants and subcontractors of each and any of them) canceled or materially changed or renewal refused until at under such policies for losses and damages so caused. None least 30 days prior written notice has been given to OWNER of the above waivers shall extend to the rights that any party id CONTRACTOR and to each other additional insured to making such waiver may have to the proceeds of insurance horn a certificate of insurance has been issued and will held by OWNER as trustee or otherwise payable under any contain waiver provisions in accordance with paragraph 5.07. policy so issued. D. OWNER shall not be responsible for purchasing and B. OWNER waives all rights against CONTRACTOR, maintaining any property insurance specified in this Subcontractors,ENGINEER,ENGINEER'S Consultants,and naragraph 5.06 to protect the interests of CONTRACTOR, the officers, directors,partners, employees, agents, and other ibcontractors, or others in the Work to the extent of any consultants and subcontractors of each and any of them for: ..sductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible 1. loss due to business interruption, loss of use, or nount will be borne by CONTRACTOR, Subcontractors, other consequential loss extending beyond direct physical others suffering any such loss, and if any of them wishes loss or damage to OWNER's property or the Work property insurance coverage within the limits of such caused by, arising out of, or resulting from fire or other -mounts, each may purchase and maintain it at the peril whether or not insured by OWNER; and irchaser's own expense. 2. loss or damage to the completed Project or part E. If CONTRACTOR requests in writing that other thereof caused by, arising out of, or resulting from fire or iecial insurance be included in the property insurance other insured peril or cause of loss covered by any ralicies provided under paragraph 5.06, OWNER shall, if property insurance maintained on the completed Project possible, include such insurance, and the cost thereof will be or part thereof by OWNER during partial utilization Larged to CONTRACTOR by appropriate Change Order or pursuant to paragraph 14.05, after Substantial Completion ritten Amendment. Prior to commencement of the Work 00700 - 17 pursuant to paragraph. 14.04, or after final payment of such party by the Contract Documents, such parry shall pursuant to paragraph 14.07. notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain C. Any insurance policy maintained by OWNER cover- prior to any change in the required coverage. Without ing any loss, damage or consequential loss referred to in prejudice to any other right or remedy, the other parry may paragraph 5.07.B shall contain provisions to the effect that in elect to obtain equivalent Bonds or insurance to protect such the event of payment of any such loss, damage, or other party's interests at the expense of the parry who was consequential loss, the insurers will have no rights of required to provide such coverage, and a Change Order shall recovery against CONTRACTOR, Subcontractors, be issued to adjust the Contract Price accordingly. ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants 5.10 Partial Utilization, Aclotowledgmert of Property and subcontractors of each and any of them. Insurer 5.08 Receipt and Application of Insurance Proceeds A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial A. Any insured loss under the policies of insurance Completion of all the Work as provided in paragraph 14.05, required by paragraph 5.06 will be adjusted with OWNER no such use or occupancy shall commence before the insurers and made payable to OWNER as fiduciary for the insureds, providing the property insurance pursuant to paragraph 5.06 as their interests may appear, subject to the requirements of have acknowledged notice thereof and in writing effected any any applicable mortgage clause and of paragraph 5.08.B. changes in coverage necessitated thereby. The insurers OWNER shall deposit in a separate account any money so providing the property insurance shall consent by endorse- received and shall distribute it in accordance with such agree- ment on the policy or policies, but the property insurance ment as the parties in interest may reach. If no other special shall not be canceled or permitted to lapse on account of any agreement is reached, the damaged Work shall be repaired or such partial use or occupancy. replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If A. CONTRACTOR shall supervise, inspect, and direct such objection be made, OWNER as fiduciary shall make the Work competently and efficiently,devoting such attention settlement with the insurers in accordance with such thereto and applying such skills and expertise as may be agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance with the agreement among the parties in interest is reached, OWNER Contract Documents. CONTRACTOR shall be solely as fiduciary shall adjust and settle the loss with the insurers responsible for the means, methods, techniques, sequences, and, if required in writing by any party in interest, OWNER and procedures of construction, but CONTRACTOR shall as fiduciary shall give bond for the proper performance of not be responsible for the negligence of OWNER or such duties. ENGINEER in the design or specification of a specific. means, method, technique, sequence, or procedure of 5.09 Acceptance of Bonds and Insurance; Option to construction which is shown or indicated in and expressly Replace required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies A. If either OWNER or CONTRACTOR has any accurately with the Contract Documents. objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and B. At all times during the progress of the Work, maintained by the other party in accordance with Article 5 on CONTRACTOR shall assign a competent resident superin- the basis of non-conformance with the Contract Documents, tendent thereto who shall not be replaced without written the objecting party shall so notify the other party in writing notice to OWNER and ENGINEER except under within 10 days after receipt of the certificates (or other extraordinary circumstances. The superintendent will be evidence requested)required by paragraph 2.05.C. OWNER CONTRACTOR's representative at the Site and shall have and CONTRACTOR shall each provide to the other such authority to act on behalf of CONTRACTOR. All additional information in respect of insurance provided as the communications given to or received from the superintendent other may reasonably request. If either party does not shall be binding on CONTRACTOR. purchase or maintain all of the Bonds and insurance required 00700- 18 6.02 Labor; Working Hours any provisions of the General Requirements applicable thereto. A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the 2. Proposed adjustments in the progress schedule Work as required by the Contract Documents. CON- that will change the Contract Times (or Milestones) shall TRACTOR shall at all times maintain good discipline and be submitted in accordance with the requirements of order at the Site. Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with B. Except as otherwise required for the safety or Article 12. protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the 6.05 Substitutes and "Or-Equals" Contract Documents, all Work at the Site chall be performed during regular working hours, and CONTRACTOR will not A. Whenever an item of material or equipment is permit overtime work or the performance of Work on specified or described in the Contract Documents by using Saturday, Sunday, or any legal holiday without OWNER's the name of a proprietary item or the name of a particular written consent (which will not be unreasonably withheld) Supplier, the specification or description is intended to given after prior written notice to ENGINEER. establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed 6.03 Services, Materials, and Equipment by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or A. Unless otherwise specified in the General Re- equipment or material or equipment of other Suppliers may quirements, CONTRACTOR shall provide and assume full be submitted to ENGINEER for review under the circum- responsibility for all services, materials, equipment, labor, stances described below. transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, 1. "Or-Equal" Items: If in ENGINEER's sole sanitary facilities, temporary facilities, and all other facilities discretion an item of material or equipment proposed by and incidentals necessary for the performance, testing, CONTRACTOR is functionally equal to that named and start-up, and completion of the Work. sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an B. All materials and equipment incorporated into the "or-equal" item, in which case review and approval of Work shall be as specified or, if not specified, shall be of the proposed item may, in ENGINEER'S sole discretion, good quality and new, except as otherwise provided in the be accomplished without compliance with some or all of Contract Documents. All warranties and guarantees the requirements for approval of proposed substitute specifically called for by the Specifications shall expressly items. For the purposes of this paragraph 6.05.A.1, a run to the benefit of OWNER. If required by ENGINEER, proposed item of material or equipment will be CONTRACTOR shall furnish satisfactory evidence considered functionally equal to an item so named if: (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and a. in the exercise of reasonable judgment equipment shall be stored, applied, installed, connected, ENGINEER determines that: (i) it is at least equal in erected, protected, used, cleaned, and conditioned in quality, durability, appearance, strength, and design accordance with instructions of the applicable Supplier, characteristics; (ii) it will reliably perform at least except as otherwise may be provided in the Contract Docu- equally well the function imposed by the design ments. concept of the completed Project as a functioning whole, and; 6.04 Progress Schedule b. CONTRACTOR certifies that: (i)there is no A. CONTRACTOR shall adhere to the progress schedule increase in cost to the OWNER; and (ii) it will established in accordance with paragraph 2.07 as it may be conform substantially, even with deviations, to the adjusted from time to time as provided below. detailed requirements of the item named in the Contract Documents. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) 2. Substitute Items proposed adjustments in the progress schedule that will not result in changing the Contract Times(or Milestones). a. If in ENGINEER'S sole discretion an item of Such adjustments will conform generally to the progress material or equipment proposed by CONTRACTOR schedule then in effect and additionally will comply with does not qualify as an "or-equal" item under 00700 - 19 paragraph 6.05.A.1, it will be considered a proposed required by the Contract Documents, CONTRACTOR may substitute item. furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- b. CONTRACTOR shall submit sufficient NEER. CONTRACTOR shall submit sufficient information information as provided below to allow ENGINEER to allow ENGINEER, in ENGINEER's sole discretion, to to determine that the item of material or equipment determine that the substitute proposed is equivalent to that proposed is essentially equivalent to that named and expressly called for by the Contract Documents. The proce- an acceptable substitute therefor. Requests for dure for review by ENGINEER will be similar to that review of proposed substitute items of material or provided in subparagraph 6.05.A.2. equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or c. The procedure for review by ENGINEER submittal made pursuant to paragraphs 6.05.A and 6.05.B. will be as set forth in paragraph 6.05.A.2.d, as ENGINEER will be the sole judge of acceptability. No supplemented in the General Requirements and as "or-equal" or substitute will be ordered, installed or utilized ENGINEER may decide is appropriate under the until ENGINEER's review is complete, which will be circumstances. evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will d. CONTRACTOR shall first make written advise CONTRACTOR in writing of any negative application to ENGINEER for review of a proposed determination. substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The D. Special Guarantee: OWNER may require CON- application shall certify that the proposed substitute TRACTOR to furnish at CONTRACTOR's expense a special item will perform adequately the functions and performance guarantee or other surety with respect to any achieve the results called for by the general design, substitute. be similar in substance to that specified, and be suited to the same use as that specified. The application E. ENGINEER'S Cost Reimbursement: ENGINEER will will state the extent, if any, to which the use of the record time required by ENGINEER and ENGINEER's proposed substitute item will prejudice Consultants in evaluating substitute proposed or submitted by CONTRACTOR's achievement of Substantial CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B Completion on time, whether or not use of the and in making changes in the Contract Documents (or in the proposed substitute item in the Work will require a provisions of any other direct.contract with OWNER for change in any of the Contract Documents (or in the work on the'Project) occasioned thereby. Whether or not provisions of any other direct contract with OWNER ENGINEER approves a substitute item so proposed or for work on the Project) to adapt the design to the submitted by CONTRACTOR, CONTRACTOR shall proposed substitute item and whether or not reimburse OWNER for the charges of ENGINEER and incorporation or use of the proposed substitute item ENGINEER's Consultants for evaluating each such proposed in connection with the Work is subject to payment of substitute. any license fee or royalty. All variations of the pro- posed substitute item from that specified will be F. CONTRACTOR's Expense: CONTRACTOR shall identified in the application, and available provide all data in support of any proposed substitute or engineering, sales, maintenance, repair, and "or-equal" at CONTRACTOR's expense. replacement services will be indicated. The application will also contain an itemized estimate of 6.06 Concerning Subcontractors, Suppliers, and Others all costs or credits that will result directly or indi- rectly from use of such substitute item, including A. CONTRACTOR shall not employ any Subcontractor, costs of redesign and claims of other contractors Supplier, or other individual or entity (including those affected by any resulting change, all of which will be acceptable to OWNER as indicated in paragraph 6.06.B), considered by ENGINEER in evaluating the proposed whether initially or as a replacement, against whom OWNER substitute item. ENGINEER may require CON- may have reasonable objection. CONTRACTOR shall not be TRACTOR to furnish additional data about the pro- required to employ any Subcontractor, Supplier, or other posed substitute item. individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure B. If the Supplementary Conditions require the identity of construction is shown or indicated in and expressly of certain Subcontractors, Suppliers, or other individuals or 00700 - 20 =cities to be submitted to OWNER in advance for acceptance or Supplier which specifically binds the Subcontri. by OWNER by a specified date prior to the Effective Date of Supplier to the applicable terms and conditions the Agreement, and if CONTRACTOR has submitted a list Contract Documents for the benefit of OWN! thereof in accordance with the Supplementary Conditions, ENGINEER. Whenever any such agreement is OWNER's acceptance(either in writing or by failing to make Subcontractor or Supplier who is listed as an ad written objection thereto by the date indicated for acceptance insured on the property insurance provided in pa or objection in the Bidding Documents or the Contract 5.06, the agreement between the CONTRACTOR Documents) of any such Subcontractor, Supplier, or other Subcontractor or Supplier will contain provisions v- individual or entity so identified may be revoked on the basis the Subcontractor or Supplier waives all rights of reasonable objection after due investigation. CON- OWNER, CONTRACTOR, ENGINEER, ENGIP TRACTOR shall submit an acceptable replacement for the Consultants, and all other individuals or entities ident rejected Subcontractor, Supplier, or other individual or the Supplementary Conditions to be listed as insu entity, and the Contract Price will be adjusted by the differ- additional insureds (and the officers, directors, p; ence in the cost occasioned by such replacement, and an employees, agents, and other consultants and subconi appropriate Change Order will be issued or Written of each and any of them) for all losses and damages Amendment signed. No acceptance by OWNER of any such by, arising out of, relating to, or resulting from an) Subcontractor, Supplier, or other individual or entity, perils or causes of loss covered by such policies a whether initially or as a replacement, shall constitute a other property insurance applicable to the Work. waiver of any right of OWNER or ENGINEER to reject insurers on any such policies require separate waive: defective Work. to be signed by any Subcontractor or Supplier, CON' TOR will obtain the same. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 6.07 Patent Fees and Royalties Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as A. CONTRACTOR shall pay all license feu CONTRACTOR is responsible for CONTRACTOR'S own royalties and assume all costs incident to the use acts and omissions. Nothing in the Contract Documents shall performance of the Work or the incorporation in the N, create for the benefit of any such Subcontractor, Supplier, or any invention, design, process, product, or device v. other individual or entity any contractual relationship between the subject of patent rights or copyrights held by oth OWNER or ENGINEER and any such Subcontractor, a particular invention, design, process, product, or di Supplier or other individual or entity, nor shall it create any specified in the Contract Documents for use obligation on the part of OWNER or ENGINEER to pay or performance of the Work and if to the actual knowb to see to the payment of any moneys due any such Subcon- OWNER or ENGINEER its use is subject to patent ri tractor, Supplier, or other individual or entity except as may copyrights calling for the payment of any license Dtherwise be required by Laws and Regulations. royalty to others, the existence of such rights s: disclosed by OWNER in the Contract Documents. D. CONTRACTOR shall be solely responsible for fullest extent permitted by Laws and Regu scheduling and coordinating the Work of Subcontractors, CONTRACTOR shall indemnify and hold In Suppliers, and other individuals or entities performing or OWNER, ENGINEER, ENGINEER'S Consultants, furnishing any of the Work under a direct or indirect contract officers, directors,partners, employees or agents, an . with CONTRACTOR. consultants of each and any of them from and aga claims, costs, losses, and damages(including but not E. CONTRACTOR shall require all Subcontractors, to all fees and charges of engineers, architects,attorne Suppliers, and such other individuals or entities performing other professionals and all court or arbitration o )r furnishing any of the Work to communicate with ENGI- dispute resolution costs) arising out of or relating NEER through CONTRACTOR. infringement of patent rights or copyrights incident to in the performance of the Work or resulting fr F. The divisions and sections of the Specifications and incorporation in the Work of any invention, design, F the identifications of any Drawings shall not control product, or device not specified in the Contract Doct CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any 6.08 Permits specific trade. A. Unless otherwise provided in the Supple! G. All Work performed for CONTRACTOR by a Conditions, CONTRACTOR shall obtain and pay Subcontractor or Supplier will be pursuant to an appropriate construction permits and licenses. OWNER sha agreement between CONTRACTOR and the Subcontractor CONTRACTOR,when necessary, in obtaining such 00700 -21 and licenses. CONTRACTOR shall pay all governmental unreasonably encumber the Site and other areas with charges and inspection fees necessary for the prosecution of construction equipment or other materials or equipment. the Work which are applicable at the time of opening of Bids, CONTRACTOR shall assume full responsibility for any or, if there are no Bids, on the Effective Date of the damage to any such land or area, or to the owner or Agreement. CONTRACTOR shall pay all charges of utility occupant thereof, or of any adjacent land or areas owners for connections to the Work, and OWNER shall pay resulting from the performance of the Work. all charges of such utility owners for capital costs related thereto, such as plant investment fees. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, 6.09 Laws and Regulations CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by A. CONTRACTOR shall give all notices and comply arbitration or other dispute resolution proceeding or at with all Laws and Regulations applicable to the performance law. of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor 3. To the fullest extent permitted by Laws and ENGINEER shall be responsible for monitoring Regulations, CONTRACTOR shall indemnify and hold CONTRACTOR's compliance with any Laws or Regulations. harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, B. If CONTRACTOR performs any Work knowing or employees,agents,and other consultants of each and any having reason to know that it is contrary to Laws or of them from and against all claims, costs, losses, and Regulations, CONTRACTOR shall bear all claims, costs, damages(including but not limited to all fees and charges ' losses, and damages(including but not limited to all fees and of engineers,architects,attorneys,and other professionals charges of engineers, architects, attorneys, and other and all court or arbitration or other dispute resolution professionals and all court or arbitration or other dispute costs) arising out of or relating to any claim or action, resolution costs) arising out of or relating to such Work; legal or equitable,brought by any such owner or occupant however, it shall not be CONTRACTOR's primary against OWNER, ENGINEER, or any other party responsibility to make certain that the Specifications and indemnified hereunder to the extent caused by or based Drawings are in accordance with Laws and Regulations,but upon CONTRACTOR's performance of the Work. this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep C. Changes in Laws or Regulations not known at the the Site and other areas free from accumulations of waste time of opening of Bids (or, on the Effective Date of the materials,rubbish, and other debris. Removal and disposal Agreement if there were no Bids)having an effect on the cost of such waste materials, rubbish, and other debris shall con- or time of performance of the Work may be the subject of an form to applicable Laws and Regulations. adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or C. Cleaning: Prior to Substantial Completion of the on the amount or extent, if any, of any such adjustment, a Work CONTRACTOR shall clean the Site and make it ready Claim may be made therefor as provided in paragraph 10.05. for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, 6.10 Taxes appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all A. CONTRACTOR shall pay all sales,consumer,use, property not designated for alteration by the Contract and other similar taxes required to be paid by CONTRAC- Documents. TOR in accordance with the Laws and Regulations of the place of the Project which•are applicable during the D. Loading Structures: CONTRACTOR shall not load performance of the Work. nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 6.11 Use of Site and Other Areas CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. A. Limitation on Use of Site and Other Areas 6.12 Record Documents 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and A. CONTRACTOR shall maintain in a safe place at the the operations of workers to the Site and other areas Site one record copy of all Drawings, Specifications, permitted by Laws and Regulations, and shall not Addenda, Written Amendments, Change Orders, Work 00700-22 Change Directives, Field Orders, and written interpretations responsibilities for safety and for protection of the Work shall and clarifications in good order and annotated to show continue until such time as all the Work is completed and changes made during construction. These record documents ENGINEER has issued a notice to OWNER and together with all approved Samples and a counterpart of all CONTRACTOR in accordance with paragraph 14.07.B that approved Shop Drawings will be available to ENGINEER for the Work is acceptable (except as otherwise expressly eference. Upon completion of the Work, these record provided in connection with Substantial Completion). documents, Samples, and Shop Drawings will be delivered to :NGINEER for OWNER. 6.14 Safety Representative 6.13 Safety and Protection A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and A. CONTRACTOR shall be solely responsible for responsibilities shall be the prevention of accidents and the mitiating, maintaining and supervising all safety precautions maintaining and supervising of safety precautions and and programs in connection with the Work. CONTRACTOR programs. hall take all necessary precautions for the safety of, and .hall provide the necessary protection to prevent damage, 6.15 Hazard Communication Programs injury or loss to: A. CONTRACTOR shall be responsible for coordinating 1. all persons on the Site or who may be affected any exchange of material safety data sheets or other hazard by the Work;. communication information required to be made available to or exchanged between or among employers at the Site in 2. all the Work and materials and equipment to be accordance with Laws or Regulations. incorporated therein, whether in storage on or off the Site; and 6.16 Emergencies 3. other property at the Site or adjacent thereto, A. In emergencies affecting the safety or protection of including trees, shrubs, lawns, walks, pavements, persons or the Work or property at the Site or adjacent roadways, structures, utilities, and Underground Facilities thereto, CONTRACTOR is obligated to act to prevent not designated for removal, relocation, or replacement in threatened damage, injury, or loss. CONTRACTOR shall the course of construction. give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or B. CONTRACTOR shall comply with all applicable variations from the Contract Documents have been caused Laws and Regulations relating to the safety of persons or thereby or are required as a result thereof. If ENGINEER property, or to the protection of persons or property from determines that a change in the Contract Documents is lamage, injury, or loss; and shall erect and maintain all required because of the action taken by CONTRACTOR in .►ecessary safeguards for such safety and protection. response to such an emergency, a Work Change Directive or CONTRACTOR shall notify owners of adjacent property and Change Order will be issued. •f Underground Facilities and other utility owners when 'rosecution of the Work may affect them, and shall cooperate 6.17 Shop Drawings and Samples with them in the protection, removal, relocation, and -eplacement of their property. All damage, injury, or loss to A. CONTRACTOR shall submit Shop Drawings to ny property referred to in paragraph 6.13.A.2 or 6.13.A.3 ENGINEER for review and approval in accordance with the caused, directly or indirectly, in whole or in part, by CON- acceptable schedule of Shop Drawings and Sample TRACTOR, any Subcontractor, Supplier, or any other submittals. All submittals will be identified as ENGINEER adividual or entity directly or indirectly employed by any of may require and in the number of copies specified in the .nem to perform any of the Work, or anyone for whose acts General Requirements. The data shown on the Shop any of them may be liable, shall be remedied by Drawings will be complete with respect to quantities, dimen- :ONTRACTOR (except damage or loss attributable to the sions, specified performance and design criteria, materials, 'ault of Drawings or Specifications or to the acts or and similar data to show ENGINEER the services, materials, omissions of OWNER or ENGINEER or ENGINEER's Con- and equipment CONTRACTOR proposes to provide and to sultant, or anyone employed by any of them, or anyone for enable ENGINEER to review the information for the limited whose acts any of them may be liable, and not attributable, purposes required by paragraph 6.17.E. directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, B. CONTRACTOR shall also submit Samples to iupplier, or other individual or entity directly or indirectly ENGINEER for review and approval in accordance with the :mployed by any of them). CONTRACTOR'S duties and acceptable schedule of Shop Drawings and Sample 00700 - 23 submittals. Each Sample will be identified clearly as to Drawing and Sample submitted to ENGINEER for review material, Supplier, pertinent data such as catalog numbers, and approval of each such variation. and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal E. ENGINEER's Review for the limited purposes required by paragraph 6.I7.E. The numbers of each Sample to be submitted will be as specified 1. ENGINEER will timely review and approve in the Specifications. Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals C. Where a Shop Drawing or Sample is required by the acceptable to ENGINEER. ENGINEER's review and Contract Documents or the schedule of Shop Drawings and approval will be only to determine if the items covered by Sample submittals acceptable to ENGINEER as required by the submittals will, after installation or incorporation in paragraph 2.07, any related Work performed prior to the Work, conform to the information given in the ENGINEER's review and approval of the pertinent submittal Contract Documents and be compatible with the design will be at the sole expense and responsibility of concept of the completed Project as a functioning whole CONTRACTOR. as indicated by the Contract Documents. D. Submittal Procedures 2. ENGINEER'S review and approval will not extend to means, methods, techniques, sequences, or 1. Before submitting each Shop Drawing or Sample, procedures of construction.(except where a particular CONTRACTOR shall have determined and verified: means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the a. all field measurements, quantities, dimen- Contract Documents)or to safety precautions or programs sions, specified performance criteria, installation incident thereto. The review and approval of a separate requirements, materials, catalog numbers, and item as such will not indicate approval of the assembly in similar information with respect thereto; which the item functions. b. all materials with respect to intended use, 3. ENGINEER's review and approval of Shop fabrication, shipping, handling, storage, assembly, Drawings or Samples shall not relieve CONTRACTOR and installation pertaining to the performance of the from responsibility for any variation from the require- Work; ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such c. all information relative to means, methods, variation at the time of each submittal as required by techniques, sequences, and procedures of construe- paragraph 6.17.D.3 and ENGINEER has given written tion and safety precautions and programs incident approval of each such variation by specific written thereto; and notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval d. CONTRACTOR shall also have reviewed by ENGINEER relieve CONTRACTOR from and coordinated each Shop Drawing or Sample with responsibility for complying with the requirements of other Shop Drawings and Samples and with the paragraph 6.17.D.1. requirements of the Work and the Contract Docu- ments. F. Resubmittal Procedures 2. Each submittal shall bear a stamp or specific 1. CONTRACTOR shall make corrections required written indication that CONTRACTOR has satisfied by ENGINEER and shall return the required number of CONTRACTOR's obligations under the Contract corrected copies of Shop Drawings and submit as Documents with respect to CONTRACTOR's review and required new Samples for review and approval. CON- approval of that submittal. TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- 3. At the time of each submittal, CONTRACTOR NEER on previous submittals. shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample 6.18 Continuing the Work submitted may have from the requirements of the Contract Documents, such notice to be in a written corn- A. CONTRACTOR shall carry on the Work and adhere munication separate from the submittal; and, in addition, to the progress schedule during all disputes or disagreements shall cause a specific notation to be made on each Shop with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 00700 -24 as permitted by paragraph 15.04 or as OWNER and and against all claims, costs, losses, and damages (including CONTRACTOR may otherwise agree in writing. but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or 6.19 CONTRACTOR's General Warranty and Guarantee arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any A. CONTRACTOR warrants and guarantees to such claim, cost, loss, or damage: OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents 1. is attributable to bodily injury, sickness, disease, and will not be defective. CONTRACTOR's warranty and or death, or to injury to or destruction of tangible guarantee hereunder excludes defects or damage caused by: property (other than the Work itself), including the loss of use resulting therefrom; and 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- 2. is caused in whole or in part by any negligent act contractors, Suppliers, or any other individual or entity or omission of CONTRACTOR, any Subcontractor, any for whom CONTRACTOR is responsible; or Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or 2. normal wear and tear under normal usage. anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any B. CONTRACTOR's obligation to perform and negligence or omission of an individual or entity indem- complete the Work in accordance with the Contract nified hereunder or whether liability is imposed upon such Documents shall be absolute. None of the following will indemnified party by Laws and Regulations regardless of constitute an acceptance of Work that is not in accordance the negligence of any such individual or entity. with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in B. In any and all claims against OWNER or ENGINEER accordance with the Contract Documents: or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the 1. observations by ENGINEER; survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any 2. recommendation by ENGINEER or payment by individual or entity directly or indirectly employed by any of OWNER of any progress or final payment; them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation 3. the issuance of a certificate of Substantial under paragraph 6.20.A shall not be limited in any way by Completion by ENGINEER or any payment related any limitation on the amount or type of damages, thereto by OWNER; compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or 4. use or occupancy of the Work or any part thereof entity under workers' compensation acts, disability benefit by OWNER; acts, or other employee benefit acts. 5. any acceptance by OWNER or any failure to do C. The indemnification obligations of CONTRACTOR so; under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the 6. any review and approval of a Shop Drawing or officers, directors, partners, employees, agents, and other Sample submittal or the issuance of a notice of acceptabil- consultants and subcontractors of each and any of them ity by ENGINEER; arising out of: 7. any inspection, test, or approval by others; or 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, 8. any correction of defective Work by OWNER. surveys, Change Orders, designs, or Specifications; or 6.20 Indemnification 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or A. To the fullest extent permitted by Laws and Regula- damage. tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other ;onsultants and subcontractors of each and any of them from 00700 - 25 • ARTICLE 7 -OTHER WORK 7.02 Coordination A. If OWNER intends to contract with others for the 7.01 Related Work at Site performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other 1. the individual or entity who will have authority. direct contracts therefor, or have other work performed by and responsibility for coordination of the activities among utility owners. If suchother work is not noted in the Con- the various contractors will be identified; tract Documents, then: 2. the specific matters to be covered by such 1. written notice thereof will be given to CON- authority and responsibility will be itemized; and TRACTOR prior to starting any such other work; and 3. the extent of such authority and responsibilities 2. if OWNER and CONTRACTOR are unable to will be provided. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times B. Unless .otherwise provided in the Supplementary that should be allowed as a result of such other work, a Conditions, OWNER shall have sole authority and respon- Claim may be made therefor as provided in paragraph sibility for such coordination. 10.05. B. CONTRACTOR shall afford each other contractor ARTICLE 8 - OWNER'S RESPONSIBILITIES who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees)proper and safe access to the Site and 8.01 Communications to Contractor a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other A. Except as otherwise provided in these General Condi- work and shall properly coordinate the Work with theirs. tions, OWNER shall issue all communications to Unless otherwise provided in the Contract Documents, CON- CONTRACTOR through ENGINEER. TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise 8.02 Replacement of ENGINEER make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger A. In case of termination of the employment of ENGI- any work of others by cutting, excavating, or otherwise NEER, OWNER shall appoint an engineer to whom altering their work and will only cut or alter their work with CONTRACTOR makes no reasonable objection,whose status the written consent of ENGINEER and the others whose under the Contract Documents shall be that of the former work will be affected. The duties and responsibilities of ENGINEER. CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that 8.03 Furnish Data there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER A. OWNER shall promptly furnish the data required of and such utility owners and other contractors. OWNER under the Contract Documents. C. If the proper execution or results of any part of 8.04 Pay Promptly When Due CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect A. OWNER shall make payments to CONTRACTOR such other work and promptly report to ENGINEER in promptly when they are due as provided in paragraphs writing any delays, defects, or deficiencies in such other 14.02.0 and 14.07.C. work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. 8.05 Lands and Easements;Reports and Tests CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for A. OWNER's duties in respect of providing lands and integration with CONTRACTOR's Work except for latent easements and providing engineering surveys to establish defects and deficiencies in such other work. reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 00700- 26 and tests of subsurface conditions and drawings of physical ARTICLE 9 - ENGINEER'S STATUS DURING conditions in or relating to existing surface or subsurface CONSTRUCTION structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 9.01 OWNER'S Representative 8.06 Insurance A. ENGINEER will be OWNER's representative during A. OWNER's responsibilities, if any, in respect to pur- the construction period. The duties and responsibilities and chasing and maintaining liability and property insurance are the limitations of authority of ENGINEER as OWNER's set forth in Article 5. • representative during construction are set forth in the Contract Documents and will not be changed without written 8.07 Change Orders consent of OWNER and ENGINEER. A. OWNER is obligated to execute Change Orders as 9.02 Visits to Site indicated in paragraph 10.03. A. ENGINEER will make visits to the Site at intervals 8.08 Inspections, Tests, and Approvals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an A. OWNER's responsibility in respect to certain inspec- experienced and qualified design professional the progress tions, tests, and approvals is set forth in paragraph 13.03.B. that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information 3.09 Limitations on OWNER's Responsibilities obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the A. The OWNER shall not supervise, direct, or have Work is proceeding in accordance with the Contract :ontrol or authority over, nor be responsible for, Documents. ENGINEER will not be required to make :ONTRACTOR's means, methods, techniques, sequences, exhaustive or continuous inspections on the Site to check the or procedures of construction, or the safety precautions and quality or quantity of the Work. ENGINEER's efforts will ' rograms incident thereto, or for any failure of CON- be directed toward providing for OWNER a greater degree TRACTOR to comply with Laws and Regulations applicable of confidence that the completed Work will conform w the performance of the Work. OWNER will not be generally to the Contract Documents. On the basis of such responsible for CONTRACTOR's failure to perform the visits and observations, ENGINEER will keep OWNER Work in accordance with the Contract Documents. informed of the progress of the Work and will endeavor to guard OWNER against defective Work. 8.10 Undisclosed Hazardous Environmental Condition B. ENGINEER's visits and observations are subject to A. OWNER's responsibility in respect to an undisclosed all the limitations on ENGINEER's authority and Hazardous Environmental Condition is set forth in paragraph responsibility set forth in paragraph 9.10, and particularly, 4.06. but without limitation,during or as a result of ENGINEER'S visits or observations of CONTRACTOR'S Work 0.11 Evidence of Financial Arrangements ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S A. If and to the extent OWNER has agreed to furnish means, methods, techniques, sequences, or procedures of :ONTRACTOR reasonable evidence ( that financial construction, or the safety precautions and programs incident arrangements have been made to saisfy OWNER's thereto, or for any failure of CONTRACTOR to comply with ,bligations under the Contract Documents, OWNER's Laws and Regulations applicable to the performance of the esponsibility in respect thereof will be as set forth in the Work. Supplementary Conditions. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 00700- 27 representative or agent to represent OWNER at the Site who B. In connection with ENGINEER's authority as to is not ENGINEER's Consultant, agent or employee, the Change Orders, see Articles 10, 11, and 12. responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- C. In connection with ENGINEER'S authority as to mentary Conditions. Applications for Payment, see Article 14. 9.04 Clarifications and Interpretations 9.08 Determinations for Unit Price Work A. ENGINEER will issue with reasonable promptness A. ENGINEER will determine the actual quantities and such written clarifications or interpretations of the require- classifications of Unit Price Work performed by ments of the Contract Documents as ENGINEER may deter- CONTRACTOR. ENGINEER will review with CON- mine necessary, which shall be consistent with the intent of TRACTOR the ENGINEER's preliminary determinations on and reasonably inferable from the Contract Documents. Such such matters before rendering a written decision thereon (by written clarifications and interpretations will be binding on recommendation of an Application for Payment or OWNER and CONTRACTOR. If OWNER and CON- otherwise). ENGINEER's written decision thereon will be TRACTOR are unable to agree on entitlement to or on the final and binding (except as modified by ENGINEER to amount or extent, if any, of any adjustment in the Contract reflect changed factual conditions or more accurate data) Price or Contract Times, or both, that should be allowed as upon OWNER and CONTRACTOR, subject to the a result of a written clarification or interpretation, a Claim provisions of paragraph 10.05. may be made therefor as provided in paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents 9.05 Authorized Variations in Work and Acceptability of Work A. ENGINEER may authorize minor variations in the .A. ENGINEER will be the initial interpreter of the Work from the requirements of the Contract Documents requirements of the Contract Documents and judge of the which do not involve an adjustment in the Contract Price or acceptability of the Work thereunder. Claims, disputes and the Contract Times and are compatible with the design other matters relating to the acceptability of the Work, the concept of the completed Project as a functioning whole as quantities and classifications of Unit Price Work, the indicated by the Contract Documents. These may be interpretation of the requirements of the Contract Documents accomplished by a Field Order and will be binding on pertaining to the performance of the Work, and Claims t OWNER and also on CONTRACTOR, who shall perform seeking changes in the Contract Price or Contract Times will the Work involved promptly. If OWNER and CONTRAC- be referred initially to ENGINEER in writing, in accordance TOR are unable to agree on entitlement to or on the amount with the provisions of paragraph 10.05, with a request for a or extent, if any, of any adjustment in the Contract Price or formal decision. Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to 9.06 Rejecting Defective Work OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in A. ENGINEER will have authority to disapprove or good faith in such capacity. The rendering of a decision by reject Work which ENGINEER believes to be defective, or ENGINEER pursuant to this paragraph 9.09 with respect to that ENGINEER believes will not produce a completed any such Claim, dispute, or other matter(except any which Project that conforms to the Contract Documents or that will have been waived by the making or acceptance of final prejudice the integrity of the design concept of the completed payment as provided in paragraph 14.07)will be a condition Project as a functioning whole as indicated by the Contract precedent to any exercise by OWNER or CONTRACTOR of Documents. ENGINEER will also have authority to require such rights or remedies as either may otherwise have under special inspection or testing of the Work as provided in the Contract Documents or by Laws or Regulations in respect paragraph 13.04, whether or not the Work is fabricated, of any such Claim. dispute, or other matter. installed, or completed. 9.10 Limitations on ENGINEER's Authority and Respon- 9.07 Shop Drawings, Change Orders and Payments sibilities A. In connection with ENGINEER's authority as to Shop A. Neither ENGINEER'S authority or responsibility Drawings and Samples, sec paragraph 6.17. under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority 00700 - 28 or responsibility or the undertaking, exercise, or performance Directive, a Claim may be made therefor as provided in of any authority or responsibility by ENGINEER shall create, paragraph 10.05. impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any 10.02 Unauthorized Changes in the Work Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times B. ENGINEER will not supervise, direct, control, or with respect to any work performed that is not required by have authority over or be responsible for CONTRACTOR'S the Contract Documents as amended, modified, or means, methods, techniques, sequences, or procedures of supplemented as provided in paragraph 3.04, except in the construction, or the safety precautions and programs incident case of an emergency as provided in paragraph 6.16 or in the thereto, or for any failure of CONTRACTOR to comply with case of uncovering Work as provided in paragraph 13.04.B. Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for 10.03 Execution of Change Orders CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER(or C. ENGINEER will not be responsible for the acts or Written Amendments) covering: omissions of.CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any 1. changes in the Work which are: (i) ordered by of the Work. OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- D. ENGINEER'S review of the final Application for graph 13.08.A or OWNER's correction of defective Payment and accompanying documentation and all mainte- Work under paragraph 13.09, or (iii) agreed to by the nance and operating instructions, schedules, guarantees, parties; Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 2. changes in the Contract Price or Contract Times 14.07.A will only be to determine generally that their content which are agreed to by the parties, including any complies with the requirements of, and in the case of undisputed sum or amount of time for Work actually certificates of inspections, tests, and approvals that the results performed in accordance with a Work Change Directive; certified indicate compliance with, the Contract Documents. and E. The limitations upon authority and responsibility set 3. changes in the Contract Price or Contract Times forth in this paragraph 9.10 shall also apply to ENGINEER's which embody the substance of any written decision Consultants, Resident Project Representative, and assistants. rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change ARTICLE 10 - CHANGES IN THE WORK; CLAIMS Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but 10.01 Authorized Changes in the Work during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as A. Without invalidating the Agreement and without provided in paragraph 6.18.A. notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work 10.04 Notification to Surety by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, A. If notice of any change affecting the general scope CONTRACTOR shall promptly proceed with the Work of the Work or the provisions of the Contract Documents involved which will be performed under the applicable (including, but not limited to, Contract Price or Contract conditions of the Contract Documents (except as otherwise Times) is required by the provisions of any Bond to be given specifically provided). to a surety, the giving of any such notice will be CONTRACTOR'S responsibility. The amount of each B. If OWNER and CONTRACTOR are unable to agree applicable Bond will be adjusted to reflect the effect of any on entitlement to, or on the amount or extent, if any, of an such change. adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change 00700- 29 10.05 Claims and Disputes D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted A. Notice: Written notice stating the general nature of in accordance with this paragraph 10.05. each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly(but in no event later than 30 days)after the start of ARTICLE 11 - COST OF THE WORK; CASH the event giving rise thereto. Notice of the amount or extent ALLOWANCES; UNIT PRICE WORK of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event 11.01 Cost of the Work (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such A. Costs Included: The term Cost of the Work means Claim, dispute, or other matter). A Claim for an adjustment the sum of all costs necessarily incurred and paid by CON- in Contract Price shall be prepared in accordance with the TRACTOR in the proper performance of the Work. When provisions of paragraph 12.O1.B. A Claim for an adjustment the value of any Work covered by a Change Order or when r in Contract Time shall be prepared in accordance with the a Claim for an adjustment in Contract Price is determined on provisions of paragraph 12.02.B. Each Claim shall be the basis of Cost of the Work, the costs to be reimbursed to accompanied by claimant's written statement that the adjust- CONTRACTOR will be only those additional o. incremental ment claimed is the entire adjustment to which the claimant costs required because of the change in the Work or because believes it is entitled as a result of said event. The opposing of the event giving rise to the Claim. Except as otherwise party shall submit any response to ENGINEER and the may be agreed to in writing by OWNER, such costs shall be claimant within 30 days after receipt of the claimant's last in amounts no higher than those prevailing in the locality of submittal (unless ENGINEER allows additional time). '• the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of 1. Payroll costs for employees in the direct employ the last submittal of the claimant or the last submittal of the of CONTRACTOR in the performance of the Work opposing parry, if any. ENGINEER's written decision on under schedules of job classifications agreed upon by such Claim, dispute, or other matter will be final and binding OWNER and CONTRACTOR. Such employees shall E upon OWNER and CONTRACTOR unless: include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll 1. an appeal from ENGINEER's decision is taken costs for employees not employed full time on the Work within the time limits and in accordance with the dispute shall be apportioned on the basis of their time spent on resolution procedures set forth in Article 16; or the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, 2. if no such dispute resolution procedures have which shall include social security contributions, unem- been set forth in Article 16, a written notice of intention ployment, excise, and payroll taxes, workers' to appeal from ENGINEER's written decision is compensation, health and retirement benefits, bonuses, delivered by OWNER or CONTRACTOR to the other sick leave, vacation and holiday pay applicable thereto. and to ENGINEER within 30 days after the date of such The expenses of performing Work outside of regular decision, and a formal proceeding is instituted by the working hours,on Saturday, Sunday, or legal holidays, appealing party in a forum of competent jurisdiction shall be included in the above to the extent authorized by within 60 days after the date of such decision or within OWNER. 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and 2. Cost of all materials and equipment furnished CONTRACTOR), to exercise such rights or remedies as and incorporated in the Work, including costs of the appealing party may have with respect to such transportation and storage thereof, and Suppliers' field Claim, dispute, or other matter in accordance with services required in connection therewith. All cash applicable Laws and Regulations. discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with C. If ENGINEER does not render a formal decision in which to make payments, in which case the cash writing within the time stated in paragraph 10.05.B, a discounts shall accrue to OWNER. All trade discounts, decision denying the Claim in its entirety shall be deemed to rebates and refunds and returns from sale of surplus have been issued 31 days after receipt of the last submittal of materials and equipment shall accrue to OWNER, and the claimant or the last submittal of the opposing party, if CONTRACTOR shall make provisions so that they may any be obtained. 00700- 30 3. Payments made by CONTRACTOR to and royalty payments and fees for permits and Subcontractors for Work performed by Subcontractors. licenses. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to f. Losses and damages(and related expenses) OWNER and CONTRACTOR and shall deliver such caused by damage to the Work, not compensated by bids to OWNER, who will then determine, with the insurance or otherwise, sustained by advice of ENGINEER, which bids, if any, will be CONTRACTOR in connection with the perfor- acceptable. If any subcontract providesthat the mance of the Work (except losses and damages Subcontractor is to be paid on the basis of Cost of the within the deductible amounts of property insurance Work plus a fee, the Subcontractor's Cost of the Work established in accordance with paragraph 5.06.D), and fee shall be determined in the same manner as provided such losses and damages have resulted CONTRACTOR's Cost of the Work and fee as provided from causes other than the negligence of in this paragraph 11.01. CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or 4. Costs of special consultants (including but not for whose acts any of them may be liable. Such limited to engineers, architects, testing laboratories, losses shall include settlements made with the surveyors, attorneys, and accountants) employed for written consent and approval of OWNER. No such services specifically related to the Work. losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining 5. Supplemental costs including the following: CONTRACTOR's fee. a. The proportion of necessary transportation, g. The cost of utilities, fuel, and sanitary travel, and subsistence expenses of facilities at the Site. CONTRACTOR's employees incurred in discharge of duties connected with the Work. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the b. Cost, including transportation and mainte- Site, expressage, and similar petty cash items in nance, of all materials, supplies, equipment, connection with the Work. machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the i. When the Cost of the Work is used to 1 workers, which are consumed in the performance of determine the value of a Change Order or of a the Work,and cost, less market value, of such items Claim, the cost of premiums for additional Bonds used but not consumed which remain the property of and insurance required because of the changes in the CONTRACTOR. Work or caused by the event giving rise to the Claim. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented j. When all the Work is performed on the from CONTRACTOR or others in accordance with basis of cost-plus, the costs of premiums for all rental agreements approved by OWNER with the Bonds and insurance CONTRACTOR is required by advice of ENGINEER, and the costs of the Contract Documents to purchase and maintain. transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs B. Costs Excluded: The term Cost of the Work shall shall be in accordance with the terms of said rental not include any of the following items: agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is 1. Payroll costs and other compensation of no longer necessary for the Work. CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- d. Sales, consumer, use, and other similar ers, engineers, architects, estimators, attorneys, audi- taxes related to the Work, and for which CON- tors, accountants, purchasing and contracting agents, TRACTOR is liable, imposed by Laws and Regu- expediters, timekeepers, clerks, and other personnel lations. employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general e. Deposits lost for causes other than negli- administration of the Work and not specifically included gence of CONTRACTOR, any Subcontractor, or in the agreed upon schedule of job classifications anyone directly or indirectly employed by any of referred to in paragraph 11.01.A.1 or specifically them or for whose acts any of them may be liable, covered by paragraph 11.01.A.4, all of which are to be 00700 - 31 considered administrative costs covered by the ances have been included in the Contract Price and not CONTRACTOR'S fee. in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR'S office at the B. Prior to final payment, an appropriate Change Order Site. will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work 3. Any part of CONTRACTOR'S capital expenses, covered by allowances, and the Contract Price shall be including interest on CONTRACTOR's capital employed correspondingly adjusted. for the Work and charges against CONTRACTOR for delinquent payments. 11.03 Unit Price Work 4. Costs due to the negligence of CONTRACTOR, A. Where the Contract Documents provide that all or any Subcontractor, or anyone directly or indirectly part of the Work is to be Unit Price Work, initially the employed by any of them or for whose acts any of them Contract Price will be deemed to include for all Unit Price may be liable, including but not limited to, the Work an amount equal to the sum of the unit price for each correction of defective Work, disposal of materials or separately identified item of Unit Price Work times the equipment wrongly supplied, and making good any estimated quantity of each item as indicated in the Agree- damage to property. ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of 5. Other overhead or general expense costs of any comparison of Bids and determining an initial Contract Price. kind and the costs of any item not specifically and Determinations of the actual quantities and classifications of expressly included in paragraphs 11.01.A and 11.01.B. Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph C. CONTRACTOR's Fee: When all the Work is 9.08. performed on the basis of cost-plus, CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the B. Each unit price will be deemed to include an amount value of any Work covered by a Chance Order or when a considered by CONTRACTOR to be adequate to cover Claim for an adjustment in Contract Price is determined on CONTRACTOR'S overhead and profit for each separately the basis of Cost of the Work, CONTRACTOR'S fee shall be identified item. determined as set forth in paragraph 12.01.C. C. OWNER or CONTRACTOR may make a Claim for D. Documentation: Whenever the Cost of the Work for an adjustment in the Contract Price in accordance with any purpose is to be determined pursuant to paragraphs paragraph 10.05 if: 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally 1. the quantity of any item of Unit Price Work accepted accounting practices and submit in a form performed by CONTRACTOR differs materially and acceptable to ENGINEER an itemized cost breakdown significantly from the estimated quantity of such item together with supporting data. indicated in the Agreement; and 11.02 Cash Allowances 2. there is no corresponding adjustment with respect any other item of Work; and A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 3. if CONTRACTOR believes that Documents and shall cause the Work so covered to be CONTRACTOR is entitled to an increase in Contract performed for such sums as may be acceptable to OWNER Price as a result of having incurred additional expense or and ENGINEER. CONTRACTOR agrees that: OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as 1. the allowances include the cost,to CONTRAC- to the amount of any such increase or decrease. TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow- 00700- 32 "'tTICLE 12- CHANGE OF CONTRACT PRICE; fixed fee is agreed upon, the intent of paragraph iANGE OF CONTRACT TIMES 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such .01 Change of Contract Price Subcontractor under paragraphs 11.01.A;1 and 11;01.A.2 and that any higher tier Subcontractor A. The Contract Price may only be changed by a and CONTRACTOR will each be paid a fee of five ange Order or by a Written Amendment. Any Claim for percent of the amount paid to the next lower tier adjustment in the Contract Price shall be based on written Subcontractor; notice submitted by the party making the Claim to the "1GINEER and the other party to the Contract in accor- d. no fee shall be payable on the basis of costs ace with the provisions of paragraph 10.05. itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; B. The value of any Work covered by a Change Order of any Claim for an adjustment in the Contract Price will e. the amount of credit to be allowed by determined as follows: CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount 1. where the Work involved is covered by unit of the actual net decrease in cost plus a deduction in prices contained in the Contract Documents, by applica- CONTRACTOR's fee by an amount equal to five tion of such unit prices to the quantities of the items percent of such net decrease; and involved(subject to the provisions of paragraph 11.03 ); or f. when both additions and credits are in- volved in any one change, the adjustment in 2. where the Work involved is not covered by unit CONTRACTOR's fee shall be computed on the prices contained in the Contract Documents, by a basis of the net change in accordance with para- mutually agreed lump sum (which may include an graphs 12.01.C.2.a through 12.01.C.2.e, inclu- allowance for overhead and profit not necessarily in sive. accordance with paragraph 12.01.C.2); or 12.02 Change of Contract Times 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- A. The Contract Times (or Milestones) may only be ment to a lump sum is not reached under paragraph changed by a Change Order or by.a Written Amendment. 12.01.8.2, on the basis of the Cost of the Work Any Claim for an adjustment in the Contract Times (or (determined as provided in paragraph 11.01) plus a Milestones)shall be based on written notice submitted by the CONTRACTOR's fee for overhead and profit (deter- party making the claim to the ENGINEER and the other mined as provided in paragraph 12.01.C). party to the Contract in accordance with the provisions of paragraph 10.05. C. CONTRACTOR's Fee: The CONTRACTOR's fee overhead and profit shall be determined as follows: B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for 1. a mutually acceptable fixed fee; or an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this 2. if a fixed fee is not agreed upon, then a fee Article 12. based on the following percentages of the various portions of the Cost of the Work: 12.03 Delays Beyond CONTRACTOR'S Control a. for costs incurred under paragraphs A. Where CONTRACTOR is prevented from 11.01.A.1 and 11.01.A.2, the CONTRACTOR'S completing any part of the Work within the Contract Times fee shall be 15 percent; (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be b. for costs incurred under paragraph extended in an amount equal to the time lost due to such 11.01.A.3, the CONTRACTOR'S fee shall be five delay if a Claim is made therefor as provided in paragraph percent; 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by c. where one or more tiers of subcontracts are OWNER, acts or neglect of utility owners or other on the basis of Cost of the Work plus a;fee and no contractors performing other work as contemplated by 00700-33 \ f Article 7, fires, floods, epidemics, abnormal weather to CONTRACTOR. All defective Work may be rejected, conditions, or acts of God. corrected, or accepted as provided in this Article 13. 12.04 Delays Within CONTRACTOR's Control 13.02 Access to Work A. The Contract Times (or Milestones) will not be A. OWNER, ENGINEER, ENGINEER's Consultants, extended due to delays within the control of other representatives and personnel of OWNER, independent CONTRACTOR. Delays attributable to and within the testing laboratories, and governmental agencies with control of a Subcontractor or Supplier shall be deemed to be jurisdictional interests will have access to the Site and the delays within the control of CONTRACTOR. Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and 12.05 Delays Beyond OWNER's and CONTRACTOR's safe conditions for such access and advise them of Control CONTRACTOR'S Site safety procedures and programs so that they may comply therewith as applicable. A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or 13.03 Tests and Inspections Milestones)due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times(or A. CONTRACTOR shall give ENGINEER timely Milestones) in an amount equal to the time lost due to such notice of readiness of the Work for all required inspections, delay shall be CONTRACTOR'S sole and exclusive remedy tests, or approvals and shall cooperate with inspection and for such delay. testing personnel to facilitate required inspections or tests. 12.06 Delay Damages B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, A. In no event shall OWNER or ENGINEER be liable tests, or approvals required by the Contract Documents to CONTRACTOR, any Subcontractor, any Supplier, or any except: other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of 1. for inspections, tests, or approvals covered by or resulting from: paragraphs 13.03.0 and 13.03.D below; 1. delays caused by or within the control of CON- 2. that costs incurred in connection with tests or TRACTOR; or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, 3. as otherwise specifically provided in the Con- floods, epidemics, abnormal weather conditions, acts of tract Documents. God, or acts or neglect by utility owners or other contractors performing other work as contemplated by C. If Laws or Regulations of any public body�haavin g Article 7. jurisdiction require any Work(or part thereof)specifically to be inspected, tested, or approved by an employee or other B. Nothing in this paragraph 12.06 bars a change in representative of such public body, CONTRACTOR shall Contract Price pursuant to this Article 12 to compensate assume full responsibility for arranging and obtaining such CONTRACTOR due to delay, interference, or disruption inspections, tests, or approvals, pay all costs in connection directly attributable to actions or inactions of OWNER or therewith, and furnish ENGINEER the required certificates anyone for whom OWNER is responsible. of inspection or approval. D. CONTRACTOR shall be responsible for arranging ARTICLE 13 - TESTS AND INSPECTIONS; and obtaining and shall pay all costs in connection with any CORRECTION, REMOVAL OR ACCEPTANCE OF inspections, tests, or approvals required for OWNER'S and DEFECTIVE WORK ENGINEER'S acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to 13.01 Notice of Defects CONTRACTOR'S purchase thereoffor incorporation in the Work. Such inspections, tests, or approvals shall be A. Prompt notice of all defective Work of which performed by organizations acceptable to OWNER and OWNER or ENGINEER has actual knowledge will be given ENGINEER. 00700- 34 E. If any Work (or the work of others) that is to be the Work shall not give rise to any duty on the part of inspected,tested, or approved is covered by CONTRACTOR OWNER to exercise this right for the benefit of without written concurrence of ENGINEER, it must, if CONTRACTOR, any Subcontractor, any Supplier, any other requested by ENGINEER, be uncovered for observation. individual or entity, or any surety for, or employee.or agent of any of them. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR'S expense unless CON- 13.06 Correction or Removal of Defective Work TRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same and ENGI- A. CONTRACTOR shall correct all defective Work, NEER has not acted with reasonable promptness in response whether or not fabricated, installed, or completed, or, if the to such notice. Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. • 13.04 Uncovering Work CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of A. If any Work is covered contrary to the written engineers, architects, attorneys, and other professionals and request of ENGINEER, it must, if requested by ENGINEER, all court or arbitration or.other dispute resolution costs) be uncovered for ENGINEER's observation and replaced at arising out of or relating to such correction or removal CONTRACTOR's expense. (including but not limited to all costs of repair or replacement of work of others). B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected 13.07 Correction Period or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available A. If within one year after the date of Substantial for observation, inspection, or testing as ENGINEER may Completion or such longer period of time as may be require, that portion of the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of the Contract Claims, costs, losses, and damages (including but not limited Documents, any Work is found to be defective, or if the to all fees and charges of engineers, architects, attorneys, and repair of any damages to the land or areas made available for other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.11.A is found to uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction(including to OWNER and in accordance with OWNER'S written but not limited to all costs of repair or replacement of work instructions: (i) repair such defective land or areas, or (ii) of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Project and agree as to the amount thereof, OWNER may make a Claim replace it with Work that is not defective, and (iii) satisfac- therefor as provided in paragraph 10.05. If, however, such torily correct or repair or remove and replace any damage to Work is not found to be defective, CONTRACTOR shall be other Work, to the work of others or other land or areas allowed an increase in the Contract Price or an extension of resulting therefrom. If CONTRACTOR does not promptly the Contract Times(or Milestones), or both, directly attribut- comply with the terms of such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs, losses, and damages paragraph 10.05. (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and 13.05 OWNER May Stop the Work all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such A. If the Work is defective, or CONTRACTOR fails to removal and replacement (including but not Iimited to all supply sufficient skilled workers or suitable materials or costs of repair or replacement of work of others)will be paid equipment, or fails to perform the Work in such a way that by CONTRACTOR. the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the B. In special circumstances where a particular item of Work, or any portion thereof, until the cause for such order equipment is placed in continuous service before Substantial has been eliminated; however, this right of OWNER to stop Completion of all the Work, the correction period for that 00700 - 35 item may start to run from an earlier date if so provided in connection with such corrective and remedial action, the Specifications or by Written Amendment. OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and C. Where defective Work (and damage to other Work suspend CONTRACTOR's services related thereto, take resulting theref:;m) has been corrected cr removed and possession of CONTRACTOR's tools, appliances, con- replaced under this paragraph 13.07, the correction period struction equipment and machinery at the Site, and incorpo- hereunder with respect to such Work will be extended for an rate in the Work all materials and equipment stored at the additional period of one year after such correction or removal Site or for which OWNER has paid CONTRACTOR but and replacement has been satisfactorily completed. which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, D. CONTRACTOR's obligations under this paragraph OWNER's other contractors, and ENGINEER and 13.07 are in addition to any other obligation or warranty. ENGINEER's Consultants access to the Site to enable The provisions of this paragraph 13.07 shall not be construed OWNER to exercise the rights and remedies under this as a substitute for or a waiver of the provisions of any paragraph. applicable statute of limitation or repose. C. All Claims, costs, losses, and damages (including 13.08 Acceptance of Defective Work but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or A. If, instead of requiring correction or removal and arbitration or other dispute resolution costs) incurred or replacement of defective Work, OWNER (and, prior to sustained by OWNER in exercising the rights and remedies ENGINEER's recommendation of final payment, under this paragraph 13.09 will be charged against CON- ENGINEER) prefers to accept it, OWNER may do so. TRACTOR, and a Change Order will be issued incorporating CONTRACTOR shall pay all Claims, costs, losses, and the necessary revisions in the Contract Documents with damages (including but not limited to all fees and charges of respect to the Work; and OWNER shall be entitled to an engineers, architects, attorneys, and other professionals and appropriate decrease in the Contract Price. If the parties are all court or arbitration or other dispute resolution costs) unable to agree as to the amount of the adjustment, OWNER attributable to OWNER's evaluation of and determination to may make a Claim therefor as provided in paragraph 10.05. accept such defective Work (such costs to be approved by Such claims, costs, losses and damages will include but not ENGINEER as to reasonableness) and the diminished value be limited to all costs of repair, or replacement of work of of the Work to the extent not otherwise paid by others destroyed or damaged by correction, removal, or CONTRACTOR pursuant to this sentence. If any such replacement of CONTRACTOR'S defective Work. acceptance occurs prior to ENGINEER's recommendation of • final payment, a Change Order will be issued incorporating D. CONTRACTOR shall not be allowed an extension the necessary revisions in the Contract Documents with of the Contract Times (or Milestones) because of any delay respect to the Work, and OWNER shall be entitled to an in the performance of the Work attributable to the exercise by appropriate decrease in the Contract Price, reflecting the OWNER of OWNER's rights and remedies under this diminished value of Work so accepted. If the parties are paragraph 13.09. unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate ARTICLE 14 - PAYMENTS TO CONTRACTOR AND amount will be paid by CONTRACTOR to OWNER. COMPLETION 13.09 OWNER Mm Correct Defective Work 14.01 Schedule of Values A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective A. The schedule of values established as provided in Work or to remove and replace rejected Work as required by paragraph 2.07.A will serve as the basis for progress ENGINEER in accordance with paragraph 13.06.A, or if payments and will be incorporated into a form of Application CONTRACTOR fails to perform the Work in accordance for Payment acceptable to ENGINEER. Progress payments with the Contract Documents, or if CONTRACTOR fails to on account of Unit Price Work will be based on the number comply with any other provision of the Contract Documents, of units completed. OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In 00700 - 36 14.02 Progress Payments a. the Work has progressed to the point indicated; A. Applications for Payments b. the quality of the Work is generally in 1. At least 20 days before the date established for accordance with the Contract Documents (subject to each progress payment (but not more often than once a an evaluation of the Work as a functioning whole month), CONTRACTOR shall submit to ENGINEER prior to or upon Substantial Completion, to the for review an Application for Payment filled out and results of any subsequent tests called for in the signed by CONTRACTOR covering the Work Contract Documents, to a final determination of completed as of the date of the Application and quantities and classifications for Unit Price Work accompanied by such supporting documentation as is under paragraph 9.08, and to any other required by the Contract Documents. If payment is qualifications stated in the recommendation); and requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably c. the conditions precedent to stored at the Site or at another location agreed to in CONTRACTOR's being entitled to such payment writing, the Application for Payment shall also be appear to have been fulfilled in so far as it is accompanied by a bill of sale, invoice, or other docu- ENGINEER's responsibility to observe the Work. mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and 3. By recommending any such payment ENGI- evidence that the materials and equipment are covered NEER will not thereby be deemed to have represented by appropriate property insurance or other arrangements that: (i) inspections made to check the quality or the to protect OWNER's interest therein, all of which must quantity of the Work as it has been performed have been be satisfactory to OWNER. exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work 2. Beginning with the second Application for beyond the responsibilities specifically assigned to Payment, each Application shall include an affidavit of ENGINEER in the Contract Documents; or (ii) that. CONTRACTOR stating that all previous progress there may not be other matters or issues between the payments received on account of the Work have been parties that might entitle CONTRACTOR to be paid applied on account to discharge CONTRACTOR's additionally by OWNER or entitle OWNER to withhold legitimate obligations associated with prior Applications payment to CONTRACTOR. ` for Payment. 4. Neither ENGINEER'S review of 3. The amount of retainage with respect to pro- CONTRACTOR's Work for the purposes of recom- gress payments will be as stipulated in the Agreement. mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose B. Review of Applications responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, 1. ENGINEER will,within 10 days after receipt of sequences, or procedures of construction, or the safety each Application for Payment, either indicate in writing precautions and programs incident thereto, or for CON- a recommendation of payment and present the TRACTOR's failure to comply with Laws and Regu- Application to OWNER or return the Application to lations applicable to CONTRACTOR's performance of CONTRACTOR indicating in writing ENGINEER's the Work. Additionally, said review or recommendation reasons for refusing to recommend payment. In the will not impose responsibility on ENGINEER to make latter case, CONTRACTOR may make the necessary any examination to ascertain how or for what purposes corrections and resubmit the Application. CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of 2. ENGINEER's recommendation of any payment the Work, materials, or equipment has passed to requested in an Application for Payment will constitute OWNER free and clear of any Liens. a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed 5. ENGINEER may refuse to recommend the Work as an experienced and qualified design profession- whole or any part of any payment if, in ENGINEER'S al and on ENGINEER's review of the Application for opinion, it would be incorrect to make the representa- Payment and the accompanying data and schedules, that tions to OWNER referred to in paragraph 14.02.B.2. to the best of ENGINEER's knowledge, information and ENGINEER may also refuse to recommend any such belief: payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, 00700 - 37 revise or revoke any such payment recommendation OWNER shall promptly pay CONTRACTOR the previously made, to such extent as may be necessary in amount so withheld, or any adjustment thereto agreed to ENGINEER's opinion to protect OWNER from loss by OWNER and CONTRACTOR, when CONTRAC- because: TOR corrects to OWNER's satisfaction the reasons for such action. I a. the Work is defective, or completed Work has been damaged, requiring correction or replace- 3. If it is subsequently determined that OWNER's ment; refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as b. the Contract Price has been reduced by determined by paragraph 14.02.C.1. Written Amendment or Change Orders; 14.03 COWTRACTOR's.Warranty of Title c. OWNER has been required to correct defective Work or complete Work in accordance A. CONTRACTOR warrants and guarantees that title with paragraph 13.09; or to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project d. ENGINEER has actual knowledge of the or not, will pass to OWNER no later than the time of occurrence of any of the events enumerated in para- payment free and clear of all Liens. '. graph 15.02.A. 14.04 Substantial Completion C. Payment Becomes Due A. When CONTRACTOR considers the entire Work 1. Ten days after presentation of the Application ready for its intended use CONTRACTOR shall notify for Payment to OWNER with ENGINEER's recom- OWNER and ENGINEER in writing that the entire Work is mendation, the amount recommended will(subject to the substantially complete (except for items specifically listed by provisions of paragraph 14.02.D)become due, and when CONTRACTOR as incomplete)and request that ENGINEER due will be paid by OWNER to CONTRACTOR. issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER D. Reduction in Payment shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work 1. OWNER may refuse to make payment of the substantially complete, ENGINEER will notify full amount recommended by ENGINEER because: CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, a. claims have been made against OWNER on ENGINEER will prepare and deliver to OWNER a tentative account of CONTRACTOR's performance or fur- certificate of Substantial Completion which shall fix the date nishing of the Work; of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or b. Liens have been filed in connection with the corrected before final payment. OWNER shall have seven Work, except where CONTRACTOR has delivered days after receipt of the tentative certificate during which to a specific Bond satisfactory to OWNER to secure make written objection to ENGINEER as to any provisions the satisfaction and discharge of such Liens; of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not c. there are other items entitling OWNER to substantially complete, ENGINEER will within 14 days after a set-off against the amount recommended; or submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, d. OWNER has actual knowledge of the occur- after consideration of OWNER's objections, ENGINEER rence of any of the events enumerated in paragraphs considers the Work substantially complete, ENGINEER will 14.02.B.5.a through 14.02.B.5.c or paragraph within said 14 days execute and deliver to OWNER and 15.02.A. CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be 2. If OWNER refuses to make payment of the full completed or corrected) reflecting such changes from the amount recommended by ENGINEER, OWNER must tentative certificate as ENGINEER believes justified after give CONTRACTOR immediate written notice (with a consideration of any objections from OWNER. At the time copy to ENGINEER)stating the reasons for such action of delivery of the tentative certificate of Substantial Comple- and promptly pay CONTRACTOR any amount tion ENGINEER will deliver to OWNER and CONTRAC- remaining after deduction of the amount so withheld. TOR a written recommendation as to division of responsibili- 00700- 38 ties pending final payment between OWNER and 2. No occupancy or separate operation of part of CONTRACTOR with respect to security, operation, safety, the Work may occur prior to compliance with the and protection of the Work, maintenance, heat, utilities, requirements of paragraph 5.10 regarding property insurance, and warranties and guarantees. Unless OWNER insurance. and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing 14.06 Final Inspection the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on A. Upon written notice from CONTRACTOR that the OWNER and CONTRACTOR until final payment. entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with B. OWNER shall have the right to exclude OWNER and CONTRACTOR and will notify CON- CONTRACTOR from the Site after the date of Substantial TRACTOR in writing of all particulars in which this Completion, but OWNER shall allow CONTRACTOR inspection reveals that the Work is incomplete or defective. reasonable access to complete or correct items on the CONTRACTOR shall immediately take such measures as are tentative list. necessary to complete such Work or remedy such deficiencies. 14.05 Partial Utilization 14.07 Final Payment A. Use, by OWNER at OWNER's option of any substantially completed part of the Work which has A. Application for Payment specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 1. After CONTRACTOR has, in the opinion of constitutes a separately functioning and usable part of the ENGINEER, satisfactorily completed all corrections Work that can be used by OWNER for its intended purpose identified during the final inspection and has delivered, without significant interference with CONTRACTOR's in accordance with the Contract Documents, all main- performance of the remainder of the Work, may be tenance and operating instructions, schedules, guaran- accomplished prior to Substantial Completion of all the Work tees, Bonds, certificates or other evidence of insurance subject to the following conditions. certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, • 1. OWNER at any time may request CON- CONTRACTOR may make application for final TRACTOR in writing to permit OWNER to use any payment following the procedure for progress payments. such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If 2. The final Application for Payment shall be CONTRACTOR agrees that such part of the Work is accompanied(except as previously delivered)by: (i) all substantially complete, CONTRACTOR will certify to documentation called for in the Contract Documents, OWNER and ENGINEER that such part of the Work is including but not limited to the evidence of insurance substantially complete and request ENGINEER to issue required by subparagraph 5.04.B.7; (ii) consent of the a certificate of Substantial Completion for that part of surety, if any, to final payment; and (iii) complete and the Work. CONTRACTOR at any time may notify legally effective releases or waivers (satisfactory to OWNER and ENGINEER in writing that OWNER)of all Lien rights arising out of or Liens filed CONTRACTOR considers any such part of the Work in connection with the Work. ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial 3. In lieu of the releases or waivers of Liens Completion for that part of the Work. Within a specified in paragraph 14.07.A.2 and as approved by reasonable time after either such request, OWNER, OWNER, CONTRACTOR may furnish receipts or CONTRACTOR, and ENGINEER shall make an releases in full and an affidavit of CONTRACTOR that: inspection of that part of the Work to determine its status (i) the releases and receipts include all labor, services, of completion. If ENGINEER does not consider that material, and equipment for which a Lien could be filed; part of the Work to be substantially complete, and (ii) all payrolls, material and equipment bills, and ENGINEER will notify OWNER and CONTRACTOR other indebtedness connected with the Work for which in writing giving the reasons therefor. If ENGINEER OWNER or OWNER's property might in any way be considers that part of the Work to be substantially responsible have been paid or otherwise satisfied. If any complete, the provisions of paragraph 14.04 will apply Subcontractor or Supplier fails to furnish such a release with respect to certification of Substantial Completion of or receipt in full, CONTRACTOR may furnish a Bond that part of the Work and the division of responsibility or other collateral satisfactory to OWNER to indemnify in respect thereof and access thereto. OWNER against any Lien. 00700 -39 • B. Review of Application and Acceptance 1. a waiver of all Claims by OWNER against • CONTRACTOR, except Claims arising from unsettled 1. If, on the basis of ENGINEER's observation of Liens, .from defective Work appearing after final the Work during construction and final inspection, and inspection pursuant to paragraph 14.06, from failure to ENGINEER's review of the final Application for comply with the Contract Documents or the terms of any Payment and accompanying documentation as required special guarantees specified therein, or from by the Contract Documents. ENGINEER is satisfied that CONTRACTOR's continuing obligations under the the Work has been completed and CONTRACTOR's Contract Documents; and other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after 2. a waiver of all Claims by CONTRACTOR receipt of the final Application for Payment, indicate in against OWNER other than those previously made in writing ENGINEER's recommendation of payment and writing which are still unsettled. present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the ARTICLE 15 - SUSPENSION OF WORK AND Work is acceptable subject to the provisions of TERMINATION paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to 15.01 OWNER May Suspend Work recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and A. At any time and without cause, OWNER may • resubmit the Application for Payment. suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- C. Payment Becomes Due TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the 1. Thirty days after the presentation to OWNER of Work on the date so fixed. CONTRACTOR shall be allowed the Application for Payment and accompanying docu- an adjustment in the Contract Price or an extension of the mentation, the amount recommended by ENGINEER Contract Times, or both, directly attributable to any such will become due and, when due, will be paid by OWN- suspension if CONTRACTOR makes a Claim therefor as ER to CONTRACTOR. provided in paragraph 10.05. 14.08 Final Completion Delayed 15.02 OWNER May Terminate for Cause A. If, through no fault of CONTRACTOR, final A. The occurrence of any one or more of the following completion of the Work is significantly delayed, and if events will justify termination for cause: ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and 1. CONTRACTOR's persistent failure to perform recommendation of ENGINEER, and without terminating the the Work in accordance with the Contract Documents Agreement,make payment of the balance due for that portion (including,but not limited to, failure to supply sufficient of the Work fully completed and accepted. If the remaining skilled workers or suitable materials or equipment or balance to be held by OWNER for Work not fully completed failure to adhere to the progress schedule established or corrected is less than the retainage stipulated in the under paragraph 2.07 as adjusted from time to time Agreement, and if Bonds have been furnished as required in pursuant to paragraph 6.04); paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully 2. CONTRACTOR's disregard of Laws or completed and accepted shall be submitted by CON- Regulations of any public body having jurisdiction; TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and 3. CONTRACTOR's disregard of the authority of conditions governing final payment, except that it shall not ENGINEER; or constitute a waiver of Claims. 4. CONTRACTOR's violation in any substantial 14.09 Waiver of Claims way of any provisions of the Contract Documents. A. The making and acceptance of final payment will B. If one or more of the events identified in paragraph constitute: 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 00700 -40 the services of CONTRACTOR, exclude CONTRACTOR engineers, architects, attorneys, and other professionals -rom the Site, and take possession of the Work and of all and all court or arbitration or other dispute resolution .ONTRACTOR's tools, appliances, construction equipment, costs) incurred in settlement of terminated contracts and machinery at the Site, and use the same to the full extent with Subcontractors, Suppliers, and others; and hey could be used by CONTRACTOR (without liability to 2ONTRACTOR for trespass or conversion), incorporate in 4. for reasonable expenses directly attributable to the Work all materials and equipment stored at the Site or for termination. •vhich OWNER has paid CONTRACTOR but which are Cored elsewhere, and finish the Work as OWNER may deem B. CONTRACTOR shall not be paid on account of loss expedient. In such case, CONTRACTOR shall not be of anticipated profits or revenue or other eronomic loss entitled to receive any further payment until the Work is arising out of or resulting from such termination. nished. If the unpaid balance of the Contract Price exceeds _11 claims, costs, losses, and damages (including but not 15.04 CONTRACTOR May Stop Work or Terminate limited to all fees and charges of engineers, architects, tomeys, and other professionals and all court or arbitration A. If, through no act or fault of CONTRACTOR, the r other dispute resolution costs) sustained by OWNER Work is suspended for more than 90 consecutive days by arising out of or relating to completing the Work, such excess OWNER or under an order of court or other public authority, ••ill be paid to CONTRACTOR. If such claims, costs, or ENGINEER fails to act on any Application for Payment ,sses, and damages exceed such unpaid balance, within 30 days after it is submitted, or OWNER fails for 30 CONTRACTOR shall pay the difference to OWNER. Such days to pay CONTRACTOR any sum finally determined to claims, costs, losses, and damages incurred by OWNER will be due, then CONTRACTOR may, upon seven days written : reviewed by ENGINEER as to their reasonableness and, notice to OWNER and ENGINEER, and provided OWNER hen so approved by ENGINEER, incorporated in a Change or ENGINEER do not remedy such suspension or failure Order. When exercising any rights or remedies under this within that time, terminate the Contract and recover from .ragraph OWNER shall not be required to obtain the lowest OWNER payment on the same terms as provided in ice for the Work performed. paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- C. Where CONTRACTOR's services have been so NEER has failed to act on an Application for Payment within -urinated by OWNER, the termination will not affect any 30 days after it is submitted, or OWNER has failed for 30 nghts or remedies of OWNER against CONTRACTOR then days to pay CONTRACTOR any sum finally determined to existing or which may thereafter accrue. Any retention or be due, CONTRACTOR may,seven days after written notice yment of moneys due CONTRACTOR by OWNER will to OWNER and ENGINEER, stop-the Work until payment release CONTRACTOR from liability. is made of all such amounts due'CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are -.03 OWNER May Terminate For Convenience not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract A. Upon seven days written notice to CONTRACTOR Price or Contract Times or otherwise for expenses or damage 2"4 ENGINEER, OWNER may, without cause and without directly attributable to CONTRACTOR's stopping the Work judice to any other right or remedy of OWNER, elect to as permitted by this paragraph. «�,ninate the Contract. In such case, CONTRACTOR shall De paid (without duplication of any items): ARTICLE 16-DISPUTE RESOLUTION 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and 16.01 Methods and Procedures reasonable sums for overhead and profit on such Work; A. Dispute resolution methods and procedures, if any, 2. for expenses sustained prior to the effective date shall be as set forth in the Supplementary Conditions. If no of termination in performing services and furnishing method and procedure has been set forth, and subject to the labor, materials, or equipment as required by the provisions of paragraphs 9.09 and 10.05, OWNER and Contract Documents in connection with uncompleted CONTRACTOR may exercise such rights or remedies as Work, plus fair and reasonable sums for overhead and either may otherwise have under the Contract Documents or profit on such expenses; by Laws or Regulations in respect of any dispute. 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of 00700-41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Nonce A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies - j A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700-42 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (NSPE/ACEC Document No. 1910-8, 1996 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE 1. DEFINITIONS AND TERMINOLOGY SC-1.101.A Add the following sentence at the end of Paragraph 1.01.A of the General Conditions: "The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meaungs indicated below, which are applicable to both the singular and plural thereof." SC-1.101.A.12 Add the following language at the end of the first sentence of Paragraph 1.101.A.12. ", the Invitation To Bid and the Instructions to Bidders." SC-1.01.A.41Delete paragraph 1.01.A.41 in its entirety and replace with the following: "Sections included under Division 1 through Division 16 of the Project Manual." SC-1.01.A.43Insert the following at the end of the definition: "For the purposes of this Work, Substantial Completion shall mean the successful completion of Demonstration Testing." Add the following new paragraphs at the end of Article 1.01.A of the General Conditions: SC-1.01.A.51 Apparent Successful Bidder - The Bidder submitting the lowest Bid at the Bid Opening without correction of numerical discrepancies or determination of responsiveness or responsibility. SC-1.01.A.52Approve, Approval, Approved - A limited, conditional or qualified permission to use materid, equipment or methods and which interprets the work depicted on a submittal (i.e. shop drawings) from the Contractor to be in general conformance with the design concept and in general compliance with the contract document requirements. SC-1.01.A.53Bidder- An individual, firm or corporgion submitting a proposal and bid for the Work contemplated, acting directly or through a duly authorized representative. SC-1.01.A.54City-Same as OWNER SC-1.01.A.55Compensable Delay - Any delay beyond the contrd and without the fault or negligence of the Contractor resulting from Owner-caused changes in the Work, differing site conditions, suspensions of the Work, or termination for convenience by Owner. SC-1.01.A.56Conditions of the Contract-The combined General Conditions and Supplementary Conditions. SC-1.01.A.57Contractor - Same as Contractor with the inclusion that the Contractor has been prequalified and selected by the Owner to provide the services outlined in Article 1 of the Agreement. 00800-1 SC-1.01.A.58 Correction Period - The time during which the CONTRACTOR must correct defective Work or remove defective Work from the site and replace it with nondefective Work, all at no cost to the OWNER,pursuant to Paragraph 13.07 of the General Condiions, as supplemented. SC-1.01.A.59Demonstration Testing - A predefined trial period required as a condition and prerequsite of substantial completion during which CONTRACTOR is to operate the entire Work (or any part thereof agreed to by the OWNER) under actual and simulated operating conditions for the purpose (i) of making such minor adjustments and chants to the Work as may be necessary for the Work to comply with the Contract Documents and (ii) of complying with the field test re- quirements in the Contract Documents. SC-1.01.A.60Engineer - The consulting engineer who prepared these Construction Documents or the City's designated Engineer. SC-1.01.A.61 Excusable Delay- Any delay beyond the control and without the fault or negligence of the Contracts, the Owner, or any other contractor caused by events or circumstances such as,but not limited to, acts of God or of the public enemy, acts of intervenors, acts of government other than the Owner, fires, floods, epidemics, quarantine restrictions, freight embargoes, and hurricanes, tornadoes, or new sink holes. Labor disputes and above average rainfall shall give rise only to inexcusable delays. SC-1.01.A.62Fina1 Completion - Acceptance of the Work by the Owner as evidenced by its signature upon fins Certificate of Completion. The fmal Certificate of Completion shall be signed only after the OWNER has assured itself by tests, inspection or otherwise that all of the provisions of the Con- tract Documents have been completely satisfied. SC-1.01.A.63 Float or Slack Time-The time available in the progress schedule during which an unexpected activity can be completed without delaying the substantial completion of the Work. SC-1.01.A.64Inexcusable Delay- Any delay caused either (i) by events or circumstances within the control of the Contractor, such as inadequate crewing, slow submittals, etc., which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the Contractor, or (ii) by weather conditions(other than hurricanes and tornadoes)or labor disputes. SC-1.01.A.65 Low Bidder-Bidder who has submitted the lowest bid proposal for the Work contemplated. SC-1.01.A.66Nonprejudicial Delay- Any delay impacting a portion of the Work within the availabb total float or slack time in the progress schedule, and not necessarily preventing completion of the Work within the Contract Time. SC-1.01.A.67Prejudicial Delay - Any excusable or compensable delay impacting the Work and exceeding the total float available in the progress schedule, thus preventing completion of the Work within the Contract Time unless the Work is accelerated. SC-1.01.A.68Project Manual- The Invitation for Bids, Instructions to Bidders, Bid Form, Agreement, Amendment to Agreement,Bonds, General Conditions, Supplementary Conditions, Specificatnns, Addendum and Appendix. SC-1.01.A.69Start-Up Testing - All field inspections, installation checks, water tests, performance tests, and necessary corrections required of Contractor to demonstrate that individual components of the Work have been properly constructed and do operate in accordance with the Contract Documents for their intended purposes. 00800-2 SC-1.01.A.70Successful Bidder-The Bidder submitting the lowest Bid at the Bid Opening corrected for numerical discrepancies and determined by Owner to be responsive and responsible, and to whom the Owner expects to award the Bid. SC-1.01.A.71Unfavorable Weather Conditions - Local weather conditions which directly prevent the Contractor from performing critical path work for a period of more than four (4) hours on each specific work day. SC-1.01.A.72Utility Coordination Day-A contract day in which the coordination of utilities prevents the Contractor from performing critical path work for a period of more than four (4) hours on each specific work day. ARTICLE 2. PRELIMINARY MATTERS SC-2.02.A Delete Paragraph 2.02.A of the General Condlions in its entirety and insert the following in its place: "A. After the Contract has been executed, the Contractor will be furnished one (1) complete set of reproducible mylar sepias (24"x36") of the Drawings and one (1) conplete set of the Project Manual (Contract Requirements and Specifications) and all addenda. The Contractor shall furnish each of the subcontractors, manufacturers, and material men such copies of the Contract Documents as may be required for their work. All copies of the Coitract Documents shall be printed from the reproducible sets furnished to the Contractor. All costs of reproduction and printing shall be borne by the Contractor. The Contractor shall submit the aforementioned complete set of reproducible mylar sepias back to the Engineer as Project Record Drawings as addressed in Section 1.07.E of he Contract General Requirements." SC-2.03.A Delete Paragraph 2.03.A of the General Conditions in its entirety and insert the following in its place: "A. A notice to proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice or if no notice is given, thirty (30) days following the Effective Date of Agreement, provided that the Notice to Pro- ceed may not specify a time of commencement later than sixty (60)days after the Effective Date of the Agreement." SC-2.05.B Amend the first sentence of Paragraph 2.05.B of the General Conditions to read as folows: "B. Preliminary Schedules: Within ten (10) working days or twenty (20) calendar days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review:" SC-2.05.B.1 Add the following at the end of Paragraph 2.05.B.1 of the GeneralConditions: "The CONTRACTOR expressly acknowledges that unfavorable working condiions will exist at the site of the Work as a result of nomnal local weather and the anticipated number of unfavorable weather days per respective month are as follows:" ANTICIPATED UNFAVORABLE WEATHER DAYS Month No. Days in Normal Work Week Month No. Days in Normal Work Week 17-Day 16-Day 15-Day 14-Day I 17-Day 16-Day 15-Day 14-Day 00800-3 Jan 2 2 1 1 July 6 5 4 3 Feb 3 3 2 2 Aug 6 5 4 3 March 3 3 2 2 Sept 5 4 4 3 Apr 2 2 1 1 Oct 3 3 2 2 May 3 3 2 2 Nov 2 2 1 1 June 5 4 4 3 Dec 2 2 1 1 Contract "Unfavorable Weather Days" shall be determined from the above "Anticipated Unfavorable Weather Days" table and shall be counted from the date of Contract Notice to Proceed through the date of Contract Final Completion. To-be-anticipated unfavorable weather days shall be prorated through partial months and shall be rounded up or down as per standard practice (i.e., 0.1 through 0.4 days shall be rounded down to the next whole number and 0.5 through 0.9 shall be rounded up to the next whole number). As a direct result of unfavorable local weather conditions, the CONTRACTOR will not be able to perform critical path work for a period of more than four(4)hours on each specific day. .The CONTRACTOR shall take reasonable precautions to mitigate the impact of such unfavorable weather conditions and shall diligently attempt to perform the Work." SC-2.05.CDelete paragraph 2.05.0 of the General Coalitions in its entirety and insert the following in its place: "C. Evidence of Insurance: Before any Work at the site is stared, the Contractor shall deliver to the Owner, with a copy to the Engineer, certificates(and other evidence of insurance requested by the Owner) which the Contractor is required to purchase and maintain in accordance with Article 5 of these General Conditions." ARTICLE 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC-3.01.DAdd the following new paragraph immediately after Paagraph 3.01.0 of the General Conditions which is to read as follows: "D. Each and every provision of law and clause required by law to be inserted in these Contract Documents shall be deemed to be inserted herein, and they shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion." SC-3.05.B SC-3.05.CAdd the following new paragraphs after Paragraph 3.05.A of the General Conduions which are to read as follows; "B.Correlation of Contract Documents. In resolving such conflicts, errors, and discrepancies, the documents shall be given precedence in the following oder: a. Agreement Modifications i.Advertisement for Bids b. Change Orders j.Bid c. Addenda k.Bonds d. Supplementary Conditions 1.Insurance Certificates 00800-4 e. Instructions to Bidders m. Insurance Endorsements f. General Conditions n. Affidavits" g. Specifications (Divisions 1 through 16) h. Drawings 1. Dimensions 2. Full-size Drawing 3. Large-scale Drawing 4. Small-scale Drawing C. Field Verification. When measurements are affected by conditions already established or where items are to be fitted into constructed conditions, it shall be the CONTRACTOR's responsibility to verify all such dimensions at the site and the actual job dimensions shall take gecedence over scale and figure dimensions on the Drawings." ARTICLE 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC-4.01.DAdd a new paragraph immediately after Paragraph 4.01.0 of the General Conditions which is to read as follows: "D. If all lands and rights-of-way are not obtained as herein contemplated before construction begins, CONTRACTOR shall begin the Work upon such land and rightsof-way as OWNER has previously acquired and no claim for damages whatsoever will be allowed by reason of the delay in obtaiting the remaining lands and rights-of-way. Should OWNER be prevented or enjoined from proceeding with the Work, or from authorizing its prosecution, either before or after the commencement, by reason of any litigation, or by reason of its inability to procure any lands or rightsof-way for the Work, CONTRACTOR shall not be entitled to make or assert claim for damage by reason of said delay, or to withdraw from the Agreement except by consent of OWNER. Time for completion of the Work will be extended as provided in Article 12, to such time as OWNER determines will compensate for the time lost by such delay." SC-4.02 The investigations, reports and drawings upon which the Engineer has relied upon are identified in Section 00200. SC-4.04.B.3 Add a new paragraph after Paragraph 4.04.B.2 of the General Conditions which is to read as follows: "3.No claim of the CONTRACTOR under Paragraphs 4.02 and 4.03 shall be allowed unless (1)CON- TRACTOR has given the notice required in subparagraph above, and (2) within fortyfive (45) days after CONTRACTOR has given the written notice, CONTRACTOR submits to OWNER a detailed claim setting forth CONTRACTOR'S right to an increase in Contract Price or extension of Contract Time as provided in Articles 11 and 12 of the General Conditions. No claim by the CONTRACTOR hereunder shall be allowed if asserted after final payment under this Contract." SC-4.05.B Add a new paragraph immediately after paragraph 4.05.A of the General Conditions which is to read as follows: "B. ENGINEER may check the lines, elevations, reference marks, batter boards, etc., set by Contractor, and Contractor shall correct any errors disclosed by such check. Such a check shall not be considered as approval of Contractor's work and shall not relieve Contractor of the responsibility for accurate construction of the entire Work. Contractor shall furnish personnel to assist Engineer in checking lines and grades." ARTICLE 5. BONDS AND INSURANCE 00800-5 SC-5.04.CAdd the following new paragraph immediately after Paragraph 5.04.B of the General Conditions: "C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations. Certificate of Insurance Form,naming the City of Ocoee as an additional insured will be furnished by the Contractor upon notice of award: 1. Workers' Compensation, and related coverages under paragraphs 5.04.A.1 and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability: $1,000,000 2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and contol of Contractor: a. General Aggregate $2,000,000 b. Products-Completed Operations Aggregate $2,000,000 c. Personal and Advertising Injury $2,000,000 d. Each Occurrence (Bodily Injury and Property Damage, including claims arising out of employment) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. Full insurable value f. Excess or Umbrella Liability 1) General Aggregate $5,000,000 2) Each Occurrence $2,000,000 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 OR c. Combined Single Limit of $1,000,000 4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: 00800-6 a. Bodily Injury: Each Accident $1,000,000 Annual Aggregate $2,000,000 • b. Property Damage: Each Accident $1,000,000 Annual Aggregate $2,000,000 SC-5.05 Delete Paragraph 5.05 of the General Condition in its entirety. SC-5.06.ADelete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: "A. The CONTRACTOR shall purchase and mairtain until fmal payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deducible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of the OWNER the CONTRACTOR, subcontractors, the ENGINEER, and the ENGINEER's consultants in the Work(all of whom shall be listed as insureds or addtional insured parties), shall insure against the perils of fire and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property(including but not limited to fees and charges of engi neers, architects, attorneys, and other professionals). If not covered under the "all risk" insurance, the CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be inclued in an Application for Payment. The policies of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.06 shall comply with the raluirements of paragraph 5.04 of the General Conditions concerning prior written notice to OWNER and ENGINEER of cancellation, material change,or zenewal refusal." SC-5.06.B Delete Paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. The CONTRACTOR shall provide to the OWNER within thirty (30) days after the Effective Date of the Agreement, copies of all insurance policies entered into by the CONTRACTOR to achieve compliance with the insurance requirements of these Contract Documents. Should any policy expire within the Contract Time, or any extension thereof, the CONTRACTOR shall provide to the OWNER not later than thirty (30) days prior to the expiation date of such policy, a copy of an acceptable replacement policy providing the types and limits of coverage not less than that provided in the expiring policy." SC-5.06.0 Delete Paragraph 5.06.0 of the General Conditions in its entirety and insert the following in its place: "C. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maiiiained by CONTRACTOR in accordance with paragraphs 5.06.A and 5.06.B will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty (30) days prior written notice has been given to OWNER and ENGINEER by certified mail and will contain waiver provisions in accordance with paragraph 5.07." SC-5.06.DDelete paragraph 5.06.D of the General Conditions in its entirety and insert the following in its place: "D. Where applicable, the CONTRACTOR shall purchase and maintain adequate flood insurance for 00800-7 • work within designated flood hazard areas as defined by P.L. 93-234(Flood Disaster Protection Act)." SC-5.06.EDelete paragraph 5.06.E of the General Conditions in its entirety. SC-5.08.ADelete paragraph 5.08.A of the General Conditions in its entirety. SC-5.08.BDelete the last sentence of Paragraph 5.08.B of the General Conditions in its entirety. SC-5.09.ADelete paragraph 5.09.A of the General Conditions in its entirety and insert thefollowing in its place: "A. If Owner has any objection to the coverage afforded by or other provisions of the insurance re quired to be purchased and maintained by Contractor in accordance with this Article 5 on the basis of its not complying with the Contract Documents, Owner will notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner in accordance with paragraph 2.7. Contractor will provide such additional information in respect of insurance provided by him as Owner may reasonably request." ARTICLE 6. CONTRACTOR'S RESPONSIBILITIES SC-6.03.CAdd the following new paragraphs immediately after paragraph 6.02.B in the General Conditions SC-6.03.Dwhich are to read as follows. SC-6.03.E SC-6.03.F SC-6.03.G SC-6.03.H SC-6.03.I "C. Except in the event of an emergency, no work shall be performed (1) before sunrise and after sunset, (2)nor between the hours of 7:00 p.m. and 7:00 a.m. (3) nor on Saturday and Sunday and (4) nor on any holiday of the OWNER . "Regular Working Hours" shall be between 7:00 a.m. and 7:00 p.m. and shall be established by the CONTRACTOR at the Preconstruction Meeting and shall not exceed 8 hours per day and 40 hours per week. If construction or mainte<ance work requires operations during other than Regular Working Hours, the CONTRACTOR shall obtain written permission of the OWNER at least forty-eight(48)hours in advance of starting such work, and shall set forth the proposed schedule for oveitime to give OWNER ample time to arrange for his personnel to be at the site of the work. CONTRACTOR shall pay for the additioml charges to the OWNER on account of such overtime work. Such additional charges shall be a subsidiary obligation of CONTRACTOR and no extra payment shall be made by OWNER on account of such overtime work. D. This Agreement is subject to the applicable provisions of the Contract Work Hours and Safety Standards Act, Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the Work shall require or permit any laborer or mechanic to be employed on the Work in excess of forty hours in any work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of forty hours in such work week, as the case may be. E. Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Contract shall be decided by Owner's governing body or other duly designated official. F. Contractor shall employ only competent persons to do the work and whenever Owner shall notify Contractor, in writing, that any person on the Work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the Project and shall not again be employed on it except with the consent of Owner. 00800-8 G. Contractor and Subcontractors shall, insofar as practicable, give preference in the hiring of workers for the Project to qualified local residents with first preference being given to citizens of the United States who have served in the armed forces of the United States and have been honorably discharged therefrom or released from active duty therein. H. Contractor shall reimburse the Owner for additional engineering and/or inspection costs incurred as a result of overtime work in excess of the regular working hours stipulated in Article SG6.03.B. At Owner's option, overtime costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retention prior to release of final payment. Overtime costs for the Owner's personnel shall be based on the individual's current overtime wage rate. Overtime costs for personnel employed by the Engineer or Owner's independent testing laboratory shall be calculated in accordance with the terms of their respective contracts with the Owner. The hourly overtime rate for the Engineer's RPR will be a maximum of$60.00 per hour. I. No work shall be performed on legal holidays of the OWNER, which for the Work are defined as follows: Holiday Calendar Date New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24 Christmas December 25 If Christmas and Christmas Eve fall on a weekend, the preceding Friday and following Monday will be observed as holidays. If Christmas falls on a Monday, the preceding Friday will be observed as a holiday. If Christmas falls on a Saturday, the preceding Thursday will be observed as a holiday." SC-6.05.A.2.d Amend the fifth sentence of Paragraph 6.05.A.2.d of the General Conditions to read as follows: "The application will also contain an itemized estimate of all costs and delays or schedule impacts that will result directly or indirectly from reviews, acceptance and provisions of such substitute, includng cost of redesign and ..." SC-6.05.EAdd the following to the end of the last sentence of Paragraph 6.05.E of the General Corditions: "and all costs resulting from any delays in the Work while the substhition was undergoing reviews." SC-6.05.GAdd a new paragraph after Paragraph 6.05.F of the General Conditions which is to read as follows: "G. Equipment specifications containing experience clauses requires equipment manufacturers to have a record (min. number installations and years of operation) of satisfactory operation. In lieu of experience, a manufacturer/supplier may provide the equipment with the mutual understanding of all parties that no payment shall be released for such equipment including installation costs until it is demonstrated that the equipment meets the specific design performance requirements. All such monies retained shall be held by the Owner in an interest bearing escrow amount from the date of application for payment for such work until the date of demonstrated confomance. All such retained monies and accrued interest shall be released to the Contractor upon dermnstrated conformance. All monies not 00800-9 • paid by the Owner shall bear interest a 7 percent per annum or the maximum rate provided by law, whichever is less. Where the equipment has failed specified tests to demonstrate conformance to the design requirements, the Contract shall remove said equipment and shall substitute the equipment as approved by the Owner/Engineer as specified having the required experience. The Contractor shall install the substituted equipment as required to provide a complete and functional system without cost to the Owner. (Refer to GC-13.07). No experience restriction will be permitted which unnecessarily reduces competition or innovation." SC-6.06.ADelete Paragraphs 6.06.A and 6.06.B of the Genal Conditions and insert the following in its place: SC-6.06.B A. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those who are to famish the principal items of materials and equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection and shall not be required to employ as a Subcontractor, supplier or any person or orgaiization against whom CON- TRACTOR has reasonable objection. A Subcontractor or other person or organiz.tion identified in the CONTRACTOR's Bid and not objected to in writing by OWNER or ENGINEER prior to the exe cution of the Agreement will be deemed acceptable to OWNER and ENGINEER. All other Subcon- tractors shall be deemed to have been accepted if OWNER or ENGINEER deliver no writen objection thereto within forty-five (45) days after CONTRACTOR's written identification of such Subcon- tractors. However, if within said forty-five (45) day period, OWNER or ENGINEER has reasonable objection to any Subcortractor whether identified in the Bid or subsequently, CONTRACTOR shall submit an acceptable substitute without entitlement to any change in Contract Price. If OWNER or ENGINEER demands the substitution of a Subcontractor at any time without having reasonable objection to such Subcoriractor, the CONTRACTOR shall comply and shall be entitled to change in Contract Price (by appropriate Change order or Written Amendment) for the difference in cost occa- sioned by such substitution. After acceltance by the OWNER or ENGINEER of any particular Sub- contractor, the CONTRACTOR shall make no substitution without written approval of the OWNER, which may be granted or withheld at OWNER's sole discretion. No acceptance by OWNER or ENGI- NEER of any such Subcontractor, Supplier or any other person or organization shall constitute a waiv- er of any right of OWNER or ENGINEER to reject defective work." SC-6.06.E.1 Add a new paragraph after paragraph 6.06.E of the General Conditions which is to read as follows: "1.Owner or Engineer may furnish to any such Subcontractor, Supplier or other person or organization,to the extent practicable, evidence of amounts paid on their behalf to Contractor in accordance with Contractor's Applications for Payment." SC-6.08 Reference is made to the General Requirements of the Contract Documents (Division 1) for a listing of permits and licenses obtained by the OWNER before the bid advertisement SC-6.11.A.1 Add the following two sentences to the end of Paragraph 6.11.A.I of the General Conditions which are to read as follows: "Use of OWNER's existing buildings by the CONTRACTOR for storage of materials and equipment will not be permitted. Use of existing washrooms, lavatories, sanitary facilities or plumbing facilities by the CONTRACTOR or any of his employees or Subcortractors will not be permitted." SC-6.13.A.4 Add a new paragraph immediately after Paragraph 6.13.A.3 of he General Conditions which is to read as follows: "4.in the event of temporary suspension of the Work, or during inclement weather, or whenever Engineer may direct; Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of Engineer, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the 00800-10 Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor." SC-6.13.B Add the following sentence to the end of the first sentence of Paragraph 6.13.B in the General Conditions: "Contractor shall comply with the Trench Safety Act, Florida Law, Chapter 9096 (CS/SB2626); OSHA (P.L. 91-596); the Contract Work Hours and Safety Standards Act(P.L. 91-54); and the Federal Register 29 CFR part 1926, OSHA Subpart P as well as all other local, state and federal ordinances, laws, and. regulations regarding safety." SC-6.17.F.1 Add the following sentence to the end of Paragraph 6.17.F.1 of the General Conditions: "Shop drawings and submittal data shall be reviewed by the ENGINEER for each original submittal and first and second resubmittal; thereafter review time for subsequent resulmittals shall be charged to the CONTRACTOR in accordance with the terms of ENGINEER's Agreement with OWNER." SC-6.20.A.3 Add the following paragraph immediately after Paragraph 6.20.A.2 of the (hneral Conditions which is to read as follows: "3.If, through acts of neglect on the part of Contractor, any other contractor or any subcontractor shall suffer loss or damage on the Work, Contractor shall settle with such other contractor or subcontractor by agreement or arbitration if.such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against Owner on such account of any damage alleged to have been sustained, Owner shall notify Cmtractor, who shall indemnify and save harmless Owner against any such claim." ARTICLE 7. OTHER WORK SC-7.02.CAdd a new paragraph after Paragraph 7.02.B of the General Conditions which is to read as follows: } "B.The Contract Time stipulated herein includes an Utility Coordination Allowance (Time) allocated specifically to the CONTRACTOR's responsibility for utility coordination or relocation of utilities at or adjacent to the Project site. The Utility Coordination Allowance shall be shown in a separate identifiable critical activity included at the end of the project schedule. No Contract Time extensions shall be considered related to utility coordination matters including, but not limited to, utility relocations and conflicts, unless the utility related time impacts exceed the Utility Coordination Allowance. Utility Coordination Allowance shall be determined as follows: a. Four (4) regular work days shall be provided for every month of Contract Time. Utility coordination days shall be prorated through partial months and shall be rounded up or down as per standard practice (i.e., 0.1 through 0.4 days shall be rounded down to the next whole number and 0.5 through 0.9 shall be rounded up to the next whole number). b. The total Contract Utility Coordination Allowance shall not exceed the lesser of 1) thirty (30) regular work days, or 2)ten(10)percent of Contract Time. A Utility Coordination Day is defined as any Contract Day in which the coordination of utilities prevents the CONTRACTOR from performing critical path work for a period of more than four (4) hours on each specific work day." ARTICLE 8. OWNER'S RESPONSIBILTI'IhS SC-8.11.B Add a new paragraph immediately after paragraph 8.11.A which is to read as follows: 00800-11 for these inspections and reports shall be paid for by the CONTRACTOR." SC-13.04.B Amend the second sentence of Paragraph 13.04.B of the General Conditions to read as follows: "... or replacement of work of others) and any additional expenses experenced by OWNER due to delays to other contractors, an appropriate deductive Change Order shall be issued. CONTRACTOR shall further bear the responsibility for maintaining schedule and will be excluded from a time extension and the recovery of delay damages due to the uncovering. If,however, ..." SC-13.06.A Add the following to the end of Paragraph 13.06.A of the General Conditions: "CONTRACTOR shall bear the responsibility for maintaining schedule and will be excluded from a time extension to the Contract and the recovery of delay damag:s for correcting or removing defective work." ARTICLE 14. PAYMENTS TO THE CONTRACTOR AND COMPLETION SC-14.02.A.1 Add the following language to the end of Paragaph 14.02.A.1 of the General Conditions: "The Contractor shall furnish evidence that payment received on the basis of materials and equipment not incorporated and suitably stored,has in fact been paid to the respective supplier(s)within sixty days of payment by Owner. Failure to provide such evidence of payment shall result in the withdrawal of previous approval(s) and removal of the related equipment from the next submitted Application for Payment." SC-14.02.C.1 Amend the first sentence of Paragraph 14.02.C.1 of the General Conditions to read as folows: "Twenty(20)days after presentation of the Application for payment ..." SC-14.02.C.2Add four new paragraphs immediately after paragraph 14.02.C.1 of the General Conditions SC-14.02.C.3 which are to read as follows: SC-14.02.C.4 SC-14.02.C.5 "2. Should Contractor neglect to pay any undisputed claims, made in writing to Owner within thirty (30) days after completion of the Work, but continuing unsatisfied for a period of ninety (90) days, Owner may pay such claim and deduct the amount thereof from the balance due Contractor. Owner may also, with the written consent of Contractor, use any monies retained, due, or to become due under this Contract for the purpose of paying for both labor and materials for the Work, for which claims have not been filed. 3. Security is provided both by the Payment Bond and the power of Owner to retain any monies for claims,but payment by one shall in no way impair or discharge the liability of tle other. 4. Any and all liens for work and materials may be paid off by Owner within a reasonable time after filing for record in accordance with State and local laws, a notice of such liens except where the claim on which the lien is filed is being litigated by Contractor, and in such case Owner may pay the amount of any final judgment or decree or any such claim within a reasonable time after such fmal judgment or decree shall be rendered. 5. All monies paid by Owner in settlement of liens as aforesaid, with the costs and expenses incurred by Owner in connection therewith, shall be charged to Contractor, shall bear interest at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank, and shall be deducted from the next payment due Contractor under the terms of this Contract." 00800-14 SC-14.02.D.1.e Add a new paragraph after Paragraph 14.02.D.1.d of the General Conditions which is to read as follows: "e. Liability for liquidated damages has been incurred by the Contractor." SC-14.03.B Add two new paragraphs immediately after paragraph 14.03.A of the General Conditions which are SC-14.03.0 to read as follows: "B.No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the Work, free from all liens,claims or encumbrances. C. Contractor shall indemnify and save Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. Contractor shall at Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then Owner may, after having served written notice on the said Contractor either pay unpaid bills, of which Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to Contractor shall be resumed, in accordance with the terms of this Contract,but in no event shall the provisions of this sentence be construed to impose any obligations upon Owner to either Contractor or his Surety. In paying any unpaid bills of the Contractor, Owner shall be deemed the agent of Contractor and any payment so made by Owner, shall be considered as payment made under the Contract by Owner to Contractor and Owner shall not be liable to Contractor for any such payment made in good faith." SC-14.07.A.4Add a new paragraph after Paragraph 14.07.A.3 of the General Cuiditions which is to read as follows: "4. Notwithstanding any other provision of these Contract Documents to the conrary, OWNER and ENGINEER are under no duty or obligation whatoever to any Subcontractor, laborer or other party to ensure that payments due and owing by the CONTRACTOR to any of them are or will be made. Such parties shall rely only on the CONTRACTOR'S surety bonds for remedy of nonpayment by him." SC-14.07.0 Amend Paragraph 14.07.0 of the General Conditions to read as folbws: "Sixty(60)days after the presentation to OWNER of the fmal application for Payment and ..." ARTICLE 15. SUSPENSION OF WORK AND TERMINATION SC-15.01.B Add a new paragraph after Paragraph 15.01.A of the General Conditions which is to read as follows: "B.If the OWNER stops Work under Paragraph 13.05 or suspends the CONTRACTOR's services under Paragraph 13.09, or suspends the Work or any portion thereof because of the CONTRICTOR's failure to prosecute the Work without endangering persons and property, the CONTRACTOR shall be entitled to no extension of Contract Time or increase in Contract Price." SC-15.02.A.5 Add a new paragraph immediately after paragraph 15.02.A.4 of the General Conditions which is to 00800-15 read as follows: "5. If the Work to be done under this Contract shall be abandoned, or if this Contract or any part thereof shall be sublet without the previous written consent of Owner, or if the Contract or any claim thereunder shall be assigned by Contractor otherwise than as herein specified, or at any time Engineer shall certify in writing to OWNER that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed." SC-15.02.B Amend Paragraph 15.02.B of the General Conditions beginning with the second sentence which is to read as follows: "In such case, CONTRACTOR shall not be entitled to receive any further payment beyond an amount equal to the value of the Work actually completed and the value of materials and equipment not incorporated in the Work but delivered and suitably stored, less the aggregate of payments previously made. If the direct and indirect costs of completing the Work, including, but not limited to, fee and charges of engineers, architects, attorneys and other prdessionals, exceed the unpaid balance of the Con- tract Price, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a Change Order, but in finishing the Work, OWNER shall not be required to obtain the lowest price for the Work performed. CONTRAC'OR's obligations to pay the difference between such costs and such unpaid balance shall survive termination of the Agreement." ARTICLE 16. DISPUTE RESOLUTION SC-16.01.A Delete Paragraph 16.01.A of the General Conditions in its entirety and insert the following in its place: "A. As a condition precedent to the filing of any suit or other legal proceeding,the parties shall endeavor to resolve claims, disputes or other matters in question by Mediation. Mediation shall be initiated by any party by serving a written request for same on the other party. The parties shall by mutual agreement select a Mediator within fifteen(15) days of the date of the request for Mediation. If the parties cannot agree on the selection of a Mediator,then the Owner shall select the Mediator,who,if selected solely by the Owner,shall be a Mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until the mediator declares an impasse,which declaration, in any event, shall be deemed as issued by the Mediator not later than sixty (60) days after the initial Mediation Conference. The CONTRACTOR will carry on the Work and maintain the progress schedule during any dispute. Venue for any litigation, at law or equity, shall lie exclusively in The Circuit Court of the Ninth Judicial Circuit Court in and for Orange County,Florida. This Contract,or any provision hereof, shall be construed and interpreted, and any litigation arising therefrom,shall be governed by the laws of the State of Florida. The CONTRACTOR and OWNER waive trial by jury in any action,proceeding or claim that may be brought by any party concerning or arising out of this Contract or the Work or the Project. In any such action, each party agrees to bear its own attorneys' fees at the trial and appellate level, including all costs and expenses,whether taxable by the Court or otherwise. ARTICLE 17. MISCELLANEOUS SC-17.06 Add the following new paragraphs after Paragraph 17.05 of the General Conditions: SC-17.07 SC-17.08 SC-17.09 SC-17.10 "17.06 Both the address given in the Bid Form upon which this Agreement is founded, and Contractor's office at or near the site of the Work are hereby designated as places to either of which notices, 00800-16 letters, and other communications to Contractor shall be certified, mailed, or delivered. The delivering at the above named place, or depositing in a postpad wrapper directed to the first-named place, in any post office box regularly maintained by the U.S. Postal Department, of any notice, letter or other communication to Contractor shall be deemed sufficient service thereof upon Contractor; and the date of said service shall be the date of such delivery or mailing. The first-named address may be changed at any time by an instrument in writing, executed and acknowledged by Contractor, and delivered to Owner and Engineer. Nothing herein contained shall be deemed to preclude or render inoperative the service of any notice, letter, or other communication upon Contractor personally. 17.07 The form of all submittals, notices, change orders, and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER. Dining • the preconstruction meeting, the ENGINEER shall provide to the CONTRACTOR one set of such project administration forms to be utilized during the construction of this project. These forms are referenced as follows: Forms Used by the Engineer and/or R.P.R. Forms Used by the Contractor 00844 Non-Compliance Notice 00861 Periodic Estimate for Partial Payment 00845 Field Order 00862Schedule of Values 00846 Work Directive 00863 Materials Stored On-Site 00847 Request for Proposal for Proposed 00864 Shop Drawing Transmittal 00865 Change Proposal Summary 00848 Daily Construction Report 00866RPR Overtime Authorization 00849 Weekly Construction Progress Report 00867 Stop Work Order 00856 Shop Drawing Log 00868Contractor Request for Information 00858 Shop Drawing Review 00869Concrete Placement Authorization 00859 O&M Manual Review 00870 Hydraulic Test of Concrete Tankage Forms Used by All Parties During Construction 00872 Hydrostatic Pressure Test Report 00850 Construction Accident Report 00875Certificate of Completed 00860 Project Action Report Demonstration 00876 Check-Out Form 00878 Contractor Proposed Change 00879 Final Release of Lien 17.08 The CONTRACTOR shall comply with Florida's Archives and Historial Act (Florida Statutes Chapter 267) and the regulations of the local historic preserviion board as applicable and protect against the potential loss or destruction of signifcant, historical or archaeological data, sites, and properties in connection with the project. 17.09 If apprentices are required or utilized on this project, then the provisions of Chapter 446, Florida Statutes, shall govern. 17.10 If the price of this Agreement/Contract equals or exceeds$50,000 and if the Contractor has 50 or more employees, the Contractor shall file with the Owner, within 30 calendar days after the award of this Agreement/Contract, a report on Standard Form 100 (EE0-1), which has been promulgated jointly by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission, and Plans for Progress, unless the Contractor has submitted such a report within 12 months preceding the date of award of this Agree- ment/Contract. In addition, the Contractor shall ensure that each construction subcontractor having 50 or more employees and a lowertier construction subcontract with a price equaling or exceeding $50,000 also files with the Owner, within 30 calendar days after the award to it of the lower-tier construction subcontract, a report on Standard Form 100 (EEO 1) unless the 00800-17 construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower-tier construction subcontract. (Subsequent reports are to be submitted annually in accordance with 41 CFR 60-1.7(a) or at such other intervals as the Director of the Office of Federal Contract Compliance Programs may require)" END OF SECTION 00800-18 Center of Good LI Mayor Zee vlllg Commissioners S. Scott Vandergrift .,i Danny Howell, District 1 t Scott Anderson, District 2 Acting City Manager _i O j Rusty Johnson, District 3 V. Eugene Williford gy Nancy J. Parker, District 4 May 7,2004 ADDENDUM NO: ONE(1) CITY OF OCOEE BID#B04-07 MCKEY STREET IMPROVEMENTS This addendum shall modify and become a part of the original Bid Documents for the Mckey Street Improvements. This addendum is a result from Perri Builders on May 4, 2004 and from Gibbs & Register on May 7, 2004. Clarifications and/or Changes to the bid documents are as follows: Question from Perri Builders: The bid documents indicate prices to be submitted for the site furnishing(Item #15). But the plans H2.01 states these items are to be provided and installed by the City of Ocoee. Answer: Section 00300-6,Bid Form: Strike out Bid Item #15. The City will purchase and install the site furnishing which include the planter pots,benches,trash receptacles,decorative stop signs etc.,at the Cumberland McKey intersection and the decorative handicap signs indicated on the plans.The Contractor only has to coordinate with the City concerning these items. Contractors should eliminate Bid Item#15. Question from Gibbs& Register: Regarding Pages U1.01 &U 1.02,the plan shows we are to install conduit,and states in the general notes Item No. 4 that we are to retain the service of an electrician to connect new underground service. Is there a wire specified that is to be placed in the conduit,and if so is the Contractor responsible for pulling this wire? Answer: Contractor is responsible for determining the specification for the service wires to meet the electrical codes for service connection and as required by Progress Energy. Contractor is only responsible to pull the wires from the transformer sites to each service point and connection to the meter. Four(4)services west of Bluford Avenue will be fed from the ground mounted transformer on McKey Street at 30 West McKey. One (1)service east of Bluford Avenue will be fed from the ground mounted transformer on Bluford Avenue. Question from Gibbs&Register: Also, is the contractor responsible for installing a new electrical service? Answer: There are five(5)services that are being converted from overhead to underground as shown on the plans. Four(4)are west of Bluford Avenue and one(1) is east of Bluford Avenue. Contractor is responsible for a complete service conversion at these five(5)locations. See number 1 for the location of the transformers. Question from Gibbs& Register: Bid item number 9, asks for pricing on 8" PVC potable water line. The plans show 8"DIP. Should the Contractor quote PVC or DIP? Answer: Section 00300-5 Bid Item#9: Change to 8" DIP.Water main is Ductile Iron Pipe (DIP). PVC is not acceptable. Joyce Tolbert,CPPB Buyer All respondents shall acknowledge this addendum on Section 00300, Item #3.a. of the Bid Documents. City of Ocoee • 150 N Lakeshore Drive• Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ocoee.fl.us e Center of Good Liv Mayor �� "' "��� llld, Commissioners S. Scott Vandergrift Danny Howell, District 1 S Scott Anderson, District 2 Acting City Manager _is `O `z Rusty Johnson, District 3 V. Eugene Williford '` '�` Nancy J. Parker, District 4 May 10, 2004 ADDENDUM NO: TWO (2) CITY OF OCOEE BID #B04-07 MCKEY STREET IMPROVEMENTS This addendum shall modify and become a part of the original Bid Documents for the Mckey Street Improvements. This addendum is a result of question(s) posed from Gibbs & Register on May 7, 2004. Clarifications and/or Changes to the bid documents are as follows: Question from Gibbs & Register: Regarding the salvaging of brick under Mckey St. The demo plans states that the contractor is to remove the brick and stockpile it at one of the city's yards. Is the contractor responsible for cleaning the brick? If so, that will be a costly process. Answer: The contractor only has to clean enough brick to do the intersection paving shown in the documents at Cumberland and Bluford. The rest is disposed of at the City yard as directed by the City. Joyce Tolbert, CPPB Buyer All respondents shall acknowledge this addendum on Section 00300, Item #3.a. of the Bid Documents. City of Ocoee • 150 N Lakeshore Drive• Ocoee, Florida 34761 phone: (407)905-3100 • fax: (407)656-8504 • www.ci.ocoee.fl.us TECHNICAL SPECIFICATIONS DIVISION 1 01005 Admin Provisions 01010 Summary of Work 01017 Contractor use of premises 01027 Application for Payment 01030 Alternates 01035 Modification Procedures 01040 Project Coordination 01095 Reference Standards 01200 Project Meetings 01300 Submittals 01400 Quality Control Services 01410 Testing Laboratory Services 01532 Existing Tree Conservation and Protection 01576 Maintenance of Traffic 01600 Material and Equipment 01640 Substitutions 01700 Project Close-out 01740 Guarantees Warranties and Bonds DIVISION 2 02102 Vegetation Removal 02103 Existing Tree Conservation and Protection 02190 Preparation,Surface Removal and Restoration 02200 Earthwork and Site Grading 02210 Earthwork.and Grading 02270 Erosion and Sediment Control and Environmental Protection 02500 Paving and Surfacing 02580 Pavement Marking and Signage 02600 Water and Sanitary Sewer Pipe Materials 02610 Excavation,Backfill,Compaction and Grading for Sanitary Sewer,Water and Storm Sewer 02611 Compacted Sub-Base 02620 Pressure Pipe Restraint 02625 Pressure Connection 02630 Site concrete work 02632 Interlocking Concrete Pavers 02660 Water System and Water Mains 02720 Storm Drainage 02750 Landscape Irrigation System 02800 Landscape Planting 02811 Annual Plantings END OF TABLE OF CONTENTS BID TABULATION FOR: BID#B04-07 MCKEY STREET IMPROVEMENTS 5/12/04 2:00 p.m. TOTAL BID (See Bid Items) Bid Securityyes yes yes yes License Number CGC036261 CGC005258 CGCA06294 CGCO11309 Bid Signed yes yes yes yes -. List of References yes yes yes yes Subs yes yes yes yes Questionnaire yes yes yes yes Required(2)Similar Streetscape Projects None Provided yes yes One Provided within Last 5 years Trench Safety Act yes yes yes yes Drug Free Workplace yes yes yes yes Non-Collusion Affidavit yes yes yes yes CertNon-Segregated yes yes yes yes Public Entity Crimes yes yes yes yes NonDiscrim Labor yes yes yes yes •cknowledge •ddendum No.1 no yes yes yes no yes yes yes BID ITEM �i • '' City of Ocoee Permit $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Fee Allowance Orange County Water $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 &Sewer Allowance Mobilization, Demobilization $ 24,525.00 $ 40,000.00 $ 35,000.00 $ 40,541.00 Bonds/Permits General Requirements $ 50,000.00 $ 66,260.00 $ 29,900.00 $ 32,000.00 Division 1 Field Engineering $ 27,000.00 $ 5,650.00 $ 7,000.00 $ 15,000.00 Exploratory Excavation Record Drawing $ 27,000.00 $ 2,260.00 $ 2,000.00 $ 5,000.00 Preparation ColorAudio/Video $ 1,500.00 $ 510.00 $ 1,073.00 $ 1,000.00 Preconstruction Record Clearing and Demolition Clear&Grub $ 80,000.00 $ 92,074.00 $ 63,000.00 $ 120,000.00 Tree Protection $ 3,000.00 Ind $ - $ - Underground UT- Potable Water8"DIP $ 65,000.00 $ 94,556.00 $ 62,010.00 $ 58,930.00 Storm water System 18"RCP $ 16,275.00 $ 30,231.00 $ 21,378.00 $ 18,200.00 12"RCP $ 700 00 $ - $ 741.00 $ 1,672.00 15"RCP $ 5,250.00 $ 15,604.00 $ 8,460.00 $ 15,957.00 Inlet-TypeV $ 21,700.00 $ 21,560.00 $ 19,600.00 $ 22,400.00 Inlet-Type 9 $ 14,400.00 $ 14,674.00 $ 12,800.00 $ 9,600.00 Manhole(P8) $ 1,600.00 $ 2,453.00 $ 2,400.00 $ 2,700.00 BID TABULATION FOR: BID#B04-07 MCKEY STREET IMPROVEMENTS 5/12/04 2:00 p.m. BID ITEM • Grading Final Grading $ 13,000.00 $ 10,010.00 $ 24,000.00 $ 6,700.00 Fill $ 18,000.00 Incl $ 12,000.00 $ 27,000.00 Turbidity Barrier $ 2,000.00 $ - $ - $ - Silt Fence $ 4,000.00 $ 3,616.00 $ 1,000.00 $ 1,800.00 Pavements with curbs Asphalt $ 78,000.00 $ 31,421.00 $ 23,616.00 $ 18,040.00 Soil Cement $ 36,000.00 $ 41,588.00 $ 37,392.00 $ 23,920.00 Type"D"Curb $ 32,120.00 $ 34,734.00 $ 2,160.00 $ 1,177.00 Decor.Paving Pedestrian $ 144,018.00 $ 166,917.00 $ 105,786.00 $ 121,180.00 Decor.Paving Vehicular $ 89,100.00 $ 87,573.00 $ 105,084.00 $ 92,820.00 Landscape Planting $ 27,000.00 $ 41,335.00 $ 30,000.00 $ 40,000.00 Irrigation System $ 25,000.00 $ 13,160.00 $ 10,000.00 $ 13,800.00 Compliance with FL Trench Safety Act $ 1,000.00 $ 2,000.00 $ 500.00 $ 739.00 All Other Items Required Electrical $ 28,462.00 $ 91,594.00 $ 110,000.00 $ 103,000.00 Striping&Signage $ 3,350.00 $ 7,000.00 $ 6,060.00 MOT $ 10,000.00 Concrete Curb Sidewalk $ 115,000.00 Adjust Existing MHS $ 850.00 CTG.Type F $ 18,612.00 alley Gutter $ 11,089.00 4"Conc.SW $ 1,155.00 6"Conc.SW $ 2,052.00 Asph.Match Exist. $ 9,338.00 Stabalization 12" $ 9,200.00 Landscape Curb 6"x18" $ 6,468.00 $ 850,000.00 $ - $ 920,780.00 $ - $ 869,900.00 $ 869,000.00 $ - DATE SUBMITTED: MAY 12, 2004 ORIGINAL NAME CF BIDDER: GIBBS & REGISTER, INC. SECTION 00300 BID FORM SUBMITTED: MAY 12, 2004 (Date) PROJECT IDENTIFICATION: CITY OF OCOEE,FLORIDA MCKEY STREET IMPROVEMENTS NAME OF BIDDER: GIBBS & REGISTER, INC. 530 S. MAIN Sr 34/ti/ BUSINESS ADDRESS:WINTER GARDEN, FL PHONE NO.: 407-654-6133 CONTRACTOR'S FLORIDA LICENSE NO.: CG CAO 6294 THIS BID IS SUBMITTED TO: City of Ocoee,Florida(hereinafter called Owner) 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Ownerin the form included in the Contract Documents, to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid Form and the Agreement, and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Bidding Documents including without limitation those dealing with the disposition of Bid Bond. This Bid will remain open for ninety (90) calardar days after the day of Bid opening. BIDDER will sign and deliver the Agreement with the Bonds and other documents required by the Bidding Requirements within ten(10)days after the date of OWNER'S Notice of(Intent to)Award. 3. In submitting this Bid,Bidder makes all representations required by the Instructions to Bidders and the Agreement and further warrants and represents that: a. Bidder has examined copies of all the Bidding Documents and of the following Addenda: No. 1 Dated 5/7/0 4 No. Dated No. a Dated 5 ►o O4 No. Dated No. Dated No. Dated No. Dated No. Dated (Receipt of all which is hereby acknowledged)and ako copies of the Invitation for Bids and the Instructions to Bidders. • b. Bidder has familiarized itself with the nature and extent of the Contract Documents, Work,site, locality, and all local conditions, ordinances, laws and regulations that in any manner may affect the cost, progress, performance or furnishing the Work. c. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to exiting surface of subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data"contained in 00300-1 DATE SUBMITTED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. d. BIDDER has obtained and carefully studied (or assumes responsibility for having done so)all such additional or supplementary examinations, investigations, explorations,tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methds, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e. BIDDER is aware of the general nature of Work to be performed by OWNER ani others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawing identified in the Contract Documents and all additional examinations, investigations,explorations,tests, studies and date with the Contract Documents. g. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which.this Bid is submitted. h. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, assoiation, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a farce or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. i. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete all work of the PROJECT within the Contract Time. Completion Schedule 1) The Project shall be substantially complete (successful pressure testing and bacteriological testing of completed water mains) in One Hundred Twenty (120) consecutive calendar days from the official Notice to Proceed. 2) The Project shall be finally complete(Completed and Ready for Final Payment)in one hundred twenty (180)days from the official Notice to Proceed. 3) The Contractor may earn a bonus of$20,000 for achieving final completion of the Project on or before November 30, 2004 as provided in the Agreement(Section 00500). The City may assess liquidated damages of$1,000/day for late completion as provided in the Agreement(Section 00500). 00300-2 DATE SUBMITTED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. 4. All bid items shall include all materials, equipment, labor, permit fees, taxes, tests, miscellaneous costs of all types, overhead, and profit for the item to be complete, in place, and ready for operation in the manner contemplated by the Contract Documents. Bidder submits the followingTOTAL 1311) OR TOTAL BASE 1311) to perform all the Work as required by the Drawings and Specificaions. 5. In accordance with Article 17 of the Instructions to Bidders, if the Contract is to be awarded, it will be awarded by considering the lowest "Total Base Bid" after adjustments for additive or deductive alternates. Additive or deductive alternates (if any) will be considered in determining the lowest responsive, responsible Bidder. The Owner reserves the right to accept any or all additive or deductive alternates, in his sole discretion, prior to the award of the Contract. The Owner also reserves the right to delete any portion of the Work as shown in the bid schedule prior to award and adjust each bidder's 'Total Bid" accordingly. 6. The following documents are made a condition of this Bid: a. Bidding Documents and shall include the following: 1. Bid Forms(entire Section 00300,00301,00301A and 00301B) 2. Bid Bond(Surety Bond or Cashier's Check). (Section 00410) 3. Corporate Authority to execute Bid 4. Power of Attorney(for Surety Bond only) 5. Noncollusion Affidavit(Section 00480) 6. Certification of Nonsegregated Facilities(Section 00481) 7. Sworn Statement on Public Entity Crimes(Section 00482) 8. Certification of Nondiscriminatory Labor Practices(Section 00483) 9. References(On company letterhead) • (Remainder of Page Left Blank Intentionally.) 00300-3 DATE SUBMI ITED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. (Page Left Blank Intentionally.) 00300-4 DATE SUBMIil D: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. • SCHEDULE OF ID ITEMS CITY OF OCOEE MCKEY STREET IMPROVEMENTS NOTE: BIDS shall include sales tax and all other applicable taxes and fees. NO. Item Units Unit Price Amount Total Price 1. City of Ocoee Permit Fee's 1_ $10,000.00 $10,000.00 (Allowance) 2. Orange County Permit Fee's _1_ $1,000.00 $1,000.00 (Water and sewer) (Allowance) 3. Mobilization,Demobilization, 1 t5 $ 35 C C $ 35CCC Bonds and Permits (Maximum of 5%of Total Bid) 4. General Requirements- l $Q.'11 q0C., $ Division 1(except as follows under this item) 5. Field Engineering and 1 t.5 $ 7 SCO oo $ 1 0007." Exploratory Excavation no 6. Record Drawing Preparation l ti .S $ );c7r 0. $ 000.° 7. Color Audio-Video ' $ $ e-t3 $_ t 0`13 04 Preconstruction Record 8. Clearing and demolition a. Clear and Grub 1 $ t n3 C J� $t.03 yr cc od b. Tree protection 1 $ -0 - $ - e:2)- 9. -9. Underground Utilities-MEP a. Potable Water 8" PVC 195 LF $. 8 00 $ _a. 10. Stormwater System a. 18" RCP 509 LF $ $_ ;11 b. 12" RCP 1c\ $ 3Ri.`o $ -11-11 .°"' c. 15" RCP 8'6 .-F $ 5 00 $ 1- o 00 00300-5 d. Inlet-Type V 7 ;~/4- $ ..)Soc):"' $ .t9.coon Q" e. Inlet-Type 9 h-1 £A $ 3 ado 00 $ x a , f. Manhole(P8) 1 1.A $ $ 11. Grading a. Final Grading I $ . 4,cco 74 $ . ,rcin.`p b. Fill t Ls $ t 471 oocy`a $ t�,coof7' c. Turbidity Barrier 1 t_5 $ --o - $ - o - d. Silt Fence $ 1 000 $ t ,ocC)oa 12. Pavements with curbs a. Asphalt Mut, SY $ t�• $?3 Lo 1? •cs b-$e1 CinentE{ase- sub9rcAt \9Lc8sy $ xe1 tiD $ al, 3Ra.�o c. Type"D"curb • tO t_t= $ ao oc> $ � t1/4‘10.oe d. Decorative Paving(Pedestrian)t t �5�s�$ R•°° $ t 05.-7 ES(.0 e. Decorative Paving(Vehicular)a rsi sr$ t z .04 $ 1 c 5 c 84%°" 13. Landscape Planting t LS $ 30 000"' $ 3 0 000 (Incl.all soil amendments,sodding and seeding not necessary for grading stabilization, fine grading,guying/staking,and all other materials and labor necessary for a complete installation) 14. Irrigation system $ to tooC ' $ t0 DOD' (including all heads,piping,valves,fittings,controllers,wiring,and all other materials and labor necessary for a fully operational system) 15. Site Furnishings Benches 0)A $ $ Trash Receptacles ►a l P $ $ Planter Pots 0 IA $ $ 16. Compliance with Florida Trench Safety Act t t_S $ 500 $ 500 c4 17. All other items required (List other items individually as required to provide a complete streetscape as described on the drawings and specifications) , y5� Mme' 1 t-S $ t0copoe�•- $t0000;' cotJc_RE-CE CUKS iS ' OEw tc t L5 $ ►t5 000i° S5, /r 5 Doo ,S-ctp..0Jcx SIG-1QAGE 1 $ 7 047060 $1 iNeC," EL6cT _'CAL A tto 000, ' fe 1to x47 TOTAL OF LUMP SUM BASE BID ae a $ 8(.o9 eno, ,r v�_rem S n v-N:1 r�" SCI.Y•-6 Y\s vim \-0Y\dse6` .dQl\C -S . 6 OE-CC SIGNA " • 4.-.,./.44-/A/1--4/ /RN W. GIBBS, PRESIDENT MAY 12, 2004 DATE (Page Left Blank Intentionally.) • 7 OE-CCS-A/ DATE SUBMITTED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. 7. The terms used in this Bid, which are defined in the General Conditions or Instructions of the Construction Contract, included as part of the Contract Documents have the meanings assigned to them in the General Conditions or Instructions. 8. The work shall be performed under a Florida Contractor's License. Contract shall not be awarded unless proof of valid license(s)is provided. 9. It is understood that where quantities for unit price work have been presented in the foregoing Schedule of Bid Items,they are approximate only and are solely for purpose of facilitating the comparison of bids,and that the Contractor's compensation will be computed upon the basis as described in the measurement and payment clauses in the specifications contained herein. 10. BASE BID-SCHEDULE OF MANUFACTURERS/SUPPLIERS If the foregoing Schedule of Bid Items is presented in a Base Bid format,the undersigned as Bidder agrees that the Contract,if awarded,will be on the basis of the materials and equipment named in the Contract Documents in accordance with Article 9 of the Instructions to Bidders.The undersigned as Bidder also agrees that for the "Base Bid" equipment and material items listed below the Bidder will provide one of the listed manufactur- ers/suppliers,by circling"A", "B", or"C". If the Bidder desires to propose an alternate manufacturer/supplier, he may write in the name of such alternate in the substitution list included within this Bid Form,but he must, nevertheless, also circle one of the listed manufacturers/suppliers. If the proposed alternate manufactur- er/supplier is determined "not equivalent"by the Engineer,the Bidder must furnish equipment and/or material items by the circled manufacturer/supplier. If the Bidder fails to indicate which listed manufacturer/supplier he intends to use if an alternate is rejected,he must use the manufacturer/supplier listed as"A".Also,if the Bidder circled more than one listed manufacturer/supplier, he must use the first manufacturer/supplier circled(unless an alternate is approved). I 1. SUBSTITUTIONS AND "OR EQUAL" The undersigned as Bidder agrees that substitutions or "or-equal" items will not be considered until after the "Effective Date of the Agreement"and will be evaluated in accordance with paragraphs 6.7.1, 6.7.2, and 6.7.3 of the General Conditions. In addition to the reimbursement required under the General Conditions, the Contractor shall also reimburse the Owner for any engineering costs directly attributable to the change in manufacturers/suppliers, caused by the acceptance of proposed alternates, such as; additional field trips for the Engineer, additional redesign costs, and additional review costs, etc. Other costs directly attributable to the change in manufacturers/suppliers caused by the acceptance of proposed alternates,such as;increased electrical requirements,larger building,additional pumps or tankage,etc.,shall be borne by others and not the Owner. If Bidder intends to propose substitutions or "or-equal" items after the "Effective Date of the Agreement",it is agreed that these items will be listed on the Substitution List included within this Bid Form,with a deductive amount representing 50 percent of the total savings between the named Base Bid item and the proposed item. "Base Bid"item substitutions providing to the Owner an equipment or material cost savings of less than$1,000 will not be considered. The undersigned as Bidder, also agrees that if a substitution or "or-equal"item is not listed on the Substitution List included with the Bid, all of the savings between the named item and the proposed item will go to the Owner if the Owner accepts the proposed item in accordance with paragraphs 6.7.1., 6.7.2,and 6.7.3 of the General Conditions. The Owner may request,and the undersigned Bidder shall supply,complete information on proposed substitutions. Such information shall be the manufacturer's current published or preprinted information for the specific substitution. 12. As BIDDER, I hereby certify that I am aware and understand that the City of Ocoee at its sole discretion reserves`the right to waive technicalities or irregularities,to reject any or all Bids, and/or to accept that Bid which is in the best interest of the City. The Award of this Bid,if made,may be based on considerations other than total cost, and may be awarded based on various considerations, including but not limited to: BIDDER experience and whether the Bid, in the judgement of the City, is the most responsive to City needs. The City of Ocoee encourages the use of minorities and women-owned businesses as subcontractors. 00300-8 DATE SUBMII'1•ED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. Instructions: Strike out(X)nonapplicable signature block and complete applicable block. (ALL SIGNATORIES MUST HAVE THEIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES) If Bidder is: SOLE PROPRIETORSHIP N/A (Individual's Signature) (SEAL) (Individual's Name) doing business as Business Address: Phone No.: Florida License No.: A PARTNERSHIP N/A (Partnership Name) (SEAL) (General Partner's Signature) (General Partner's Name) Business address: Phone No.: Florida License No.: II 1 _ 00300-9 DATE SUBMITTED: MAY 12, 2004 NAME OF BIDDER: ' ' • C. Instructions: Strike out(X)nonapplicable signature block and complete applicable block. (ALL SIGNATORIES MUST HAVE THEIR NAMES PRINTEDL OR TYPED BELOW THEIR SIGNATURES) If Bidder is: A CORPORATION GIBBS & REGISTER, INC. (Corporation Name) FLORIDA (State of Incorporation) By JOHN W. GIBBS (Name of person authorized to sign) PRESIDENT / / . .. „ (Title) t" A (Corporate S- r/ (Authorized Signaturi Attest C . ��� JOAN' E G. REGI STER, S, ( etary) / TREASURER Business ad•/ess: 530 S. MAIN STREET WINTER GARDEN, FL 34787 Phone No.: 407-654-6133 JOHN W. GIBBS J Corporation President: Florida License No.: CG CA06294 • I • 00300-10 DATE SUBMITTED: MAY 12, 2004 NAME OF BIDDER: GIBBS & REGISTER, INC. Instructions: Strike out(X)nonapplicable signature block and complete applicable block. (ALL SIGNATORIES MUST HAVE THEIR NAMES PRINTED OR TYPED BELOW THEIR SIGNATURES If Bidder is: A JOINT VENTURE N/A By (Name) (Address) By (Name) (Address) Business Address: • I Phone No.: Florida License No.: (Each joint venturer must sign. The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above.) Florida License No.: • 12. List the following in connection with the Surety which is providing the Bid Bond: Surety's Name: WESTERN SURETY Surety's Address: P.O. BOX 5077 SIOUX FALLS, SD 57117-5707 Name and address of Surety's resident agent for service of process in Florida: WALDORFF INSURANCE & BONDING COMPANY CONTACT: BEN FRENCH 2114 N.W. 40TH TERRACE, SUITE D-1, GAINSVILLE, FL 32605 PH: 352-374-7779 END OF SECTION 00300-I1 SECTION 0030I QUESTIONNAIRE DATE: PROJECT IDENTIFICATION: CITY OF OCOEE,FLORIDA McKey Street Improvements NAME OF BIDDER: GIBBS & REGISTER, INC. BUSINESS ADDRESS: 530 S. MAIN STREET WINTER GARDEN, FL 34787 Phone No. 407-654-6133 CONTRACTOR'S FLORIDA LICENSE NO. CG CA06294 The undersigned warrants the truth and accuracy of all statements and answers herein contained. Include additional sheets if necessary. 1. Complete the following Table regarding experience with projects similar to the work contemplated under this Construction Agreement. ii at:o lient's.I ame:: fri ess01clrzde:, Amaunbof' ' y 0 it act. ,Name.of;.Project&:Lo atiith::. . -Contact:bTaine and PEo e;.#r:: Contract • PLEASE SEE ATTACHED LIST. 00301-1 Client!5-Name:&Address(include ..Amount of. Onti a`ct.' Name of PrOjnet&Location . Contact Name and:Phone,#)': -I' :::Contract PLEASE SEE ATTACHED LIST, 2. Have you ever failed to complete work awarded to you? If so, where and why? NO 3. Have you personally inspected the general alignments of the various utility improvements propsed under this Construction agreement? Describe any anticipated problems with the sites and your proposed solutions. YES NO ANTICIPATED PROBLEMS 4. Will you Subcontract any part of the work involving the construction of underground utilities? If so, describe which portions. \A- 00301-2 5. List the names and addresses of the subcontractors to be used for the portions of the contemplated work listed above. Subcontractor Certification Subcontract: Name.and Address of Subcontractor Registration No. &Name C., c ` -cofftc__ Coyvkrtzt Oujices KiIA- A 4-a. „4Q.,3e,� s fL \o k v car- ' -o`_ 5, 1 r,L.. trr‘Clo,Ac+,n._ eSh•srcJ t 1.3 l— Wood O�.SCv ma_ �r '�cSJr��y C tJ )�,- LO v-ckt.- Gard rL 00301-3 6. Disclosure (Section 00100, Article 20). Complete and attach "Sworn Statement on Public Entity Crimes" (Section 00482). 7. State the true and exact, correct, and complete name underwhich you do business. BIDDER IS: GIBBS & REGISTER, INC. END OF SECTION 00301-4 SECTION 00301-A COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (90-96,LAWS OF FLORIDA) Bidder hereby acknowledges that all costs for complying with the Florida Trench Safety Act are included in the various items of the bid and in the Lump Sum Total Bid Price shown in Section 00300-Bid Form, "Schedule of Bid Items". For informational purposes only,the bidder is required to further identify these costs in the sununary below, Trench Safety Unit of Measure Measure Unit Unit Extended (Description) (LF,SY) (Quantity) Cost Cost duk,- A 5a.-Ce- S\ek)-e S +1 $ 4 •p° $ 1 511.(50 B $ $ C $ $ D $ $ ao TOTAL $ 1 51 . BIDDER: GIBBS & GISTER, INC. / ,` / SIGNED: J4 J N W. GIBBS BY: (Print or type name) PRESIDENT TITLE: DATE: MAY 12, 2004 THIS IS NOT A PAY ITEM: The purpose of this form is to gather information on the costs associated with trench safety measures and to insure that the Bidder has considered these costs and included them in the Lump Sum Total Bid price. Contractor will not receive additional payment if actual quantities differ from those estimated or if the Contractor uses a safety measure different than those listed. (Failure to Complete This Form May Result in the Bid Being Declared Non-Responsive.) END OF SECTION 00301A-1 SECTION 00301-B DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS: Preference shall be given to businesses with drugfree workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drugfree workplace program(Florida Statutes Section 287.037). In order to bale a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actionsthat will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, and available drug counseling, rehabilitation, andemployee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). ., 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 1 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program is such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this rum complies fully with the above requirements. Bidder: GIBBS & GISTER, INC. J Signed: � By: J0 W. GIBBS F• ' t or Type Name) Title: PRESIDENT Date: MAY 12, 2004 END OF SECTION 00301-B-1 SECTION 00410 BID BOND KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned, Gibbs&Register, Inc. as Principal,and Western Surety Company , as Surety,are hereby held and firmly bound unto the City of Ocoee,Florida,as Owner in the penal sum of five percent of the Contract Bid ($ } for payment of which,well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed,this 12th day of May ,2004 The condition of the above obligation is such that whereas the Principal has submitted to the City of Ocoee,Florida a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the City of Ocoee McKey Street Improvements NOW THEREFORE I. Bidder and Surety,jointly and severally, bind themselves,their heirs,executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest,responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents,provided that: I. I. If there is no such next lowest,responsible and responsive bidder,and Owner does not abandon the Project,then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond,and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Amendment to the Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents(or any extension thereof agreed to in writing by Owner)the executed Amendment to the Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents,or 3.2. All bids are rejected by Owner,or 3.3. Owner fails to issue a Notice of Intent to Award to Bidder within ninety(90)days from the time and date fixed for the opening of Bids(or any extension thereof agreed to in writing by Bidder and, if applicable,consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within thirty(30)calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 00410-1 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder,provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail,return receipt requested,postage pre-paid,and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond, a current and effective Power of Attorney evidencing the authority of the officer,agent or representative who executed this Bond on behalf of Surety to execute, seat and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of,this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term"bid"as used herein includes a bid,offer or proposal as applicable. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. 00410-2 BIDDER: Strike out(X)non-applicable signature block and complete applicable block.All signatures _ must have their names printed or typed below their signature. If Bidder is SOLE PROPRIETORSHIP,complete this signature block N/A N/A (1) (Individual's Signature) (Witness) (2) (Individual's Name) (Witness) doing business as (SEAL) (Business Address) (Telephone No.) (Florida License No.) If Bidder is PARTNERSHIP,complete this signature block. N/A N/A (I) (Partnership Name) (Witness) (2) (General Partner's Signature) (Witness) (General Partner's Name) (SEAL) (Business Address) (Telephone No.) (Florida License No.) 00410-3 If Bidder is a CORPORATION,complete this signature block ATTEST: Gibbs& Register, Inc. • (Corporation Name) .�--- (Corporate retary,Si ) Florida J4'4 E G. REGISTER, SE RETARY/TREASURER (State of Incorporation) (Corporate Secretary Name) By, JOHN W. GIBBS (Name of person authorized to sign-see Note 1) PRESIDENT � f (CORPORATE SEAL) (Authorized Signature) /OHN W. GIBBS (Corporation President) 530 S. Main St. Winter Garden,FL 34787 (Business Address) ( 407 ) 654-6133 CG CA06294 (Telephone No,) (Florida License No.) 00410-4 SURETY: WITNESS:(If Agent is not a Corporation) Western Surety Company (1) (Surety Business Name) (Witness) P.O. Box 5077 (2) (Witness) Sioux Falls, SD 57117 (Principal Place of Business) ATTEST:(If Agent is a Corporation) (Surety Agent's Signature-See Note 2) 0 Benjamin H. French 44 ),, tkg Qt (Surety Agent's Name) (Corpora e Signature) Attorney-In-Fact&Fla. Resident Agent Robin Williams (Surety Agent's Title) (Corporate Secretary Name) Waldorff Insurance&Bonding, Inc. (Business Name of Local Agent for Surety) P.O. Box 90027 (CORPORATE SEAL) Gainesville, FL 32607 (Business Address of Local Agent) ( 352 ) 374-7779 A089987 (Telephone No.) (Florida License No.) NOTES: (1) Complete and attach"Corporate Authority to Execute Documents'if executed by any corporate employee other than president or vice-president. (2) Complete and attach a certified copy of"Power-of-Attorney"prepared by Surety appointment individual "Attorney-in-Fact"for execution of Bid Bond on behalf of Surety and corresponding. notarized"Attorney- in-Fact". (3) Above addresses are to be used for giving required notice. (4) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. (5) Surety companies executing bonds must appear on the Treasury Department's most current list(Circular 570 as amended)and be authorized to transact business in the state where the project is located. 00410-5 CORPORATE AUTHORITY TO EXECUTE DOCUMENTS I HEREBY CERTIFY that a meeting of the Board of Directors of GIBBS & REGISTER, INC. (Contractor's Corporate Name) a corporation under the laws of the State of FLORID y held on the 22ND day of MARCH, 1993 , the following o as duly passed and adopted: "RESOLVED, that fZe JOHN W. GIBBS (signat of individual) (typed name of individual) As PRESIDENT of the corporation,is hereby authorized to execute (title) and all documents required to be signed by an officer of the Corporation in order to submit a valid bid,contract and bond for MCKEY STREET IMPROVEMENTS B04-07 (project name) (Bid No.) between the City of Ocoee,a municipal corporation,and this corporation,and that his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed shall be the official act and deed of this corporation. I FURTHER CERTIFY that said resolution is now in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of the corporation this 12TH day of MAY ,2004. • '(CORPORATE SEAL) zA•at orate Secretary) { OANNE G REGISTER, STATE OF FLORIDA SECRET /TREASURER CITY Of WINTER GARDEN The foregoing instrument was acknowledged before me this 12TH day,of MAY 2004 by, JOHN W W. GIBBS (name of officer or agent,title of officer or agent)of ARIDA RECITER, INC. (name of corporation acknowledging),a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced identification (type of identification)as identification and did/did not take an oath. Emelin da MoJ ica � t C0mmission#DD303244 (Notary Public) EMELINDA MOJICA Expires:Mar24,2008 My Commission Expires: 3 2/1 08 Bonded Thiu / / Atlantic Bonding Co-,Inc. 00410-6 ATTORNEY-IN-FACT AFFIDAVIT STATE OR COMMONWEALTH OF Florida ) ss COUNTY OR CITY OF Alachua Before me,a Notary Public,personally came Benjamin H.French known to me,and known to be the Attorney-in-Fact of Western Surety Company ,a South Dakota Corporation,which (Surety Company) (State) executed the attached bond as surety,who deposed and said that his signature and the corporate seal of said Western Surety Company were affixed by order and authority of said Company's Board of Directors. (Surety Company) and that the execution of the attached bond is the free act and deed of Western Surety Company (Surety Company) Given under my hand and seal this 12th day of May ,2004. (Notary Public) My Commission Expires 01-15-05 hy a ROB M.WILLlAMS END OF SECTION Nf i?.rPlititic, State of Florida 41y comr'. (1), Ad. 15,2005 Comm. No. CC 993417 00410-7