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Construction Contract Documents for Specs for Place Au Soleil Entr. Improv.
CONSTRUCTION CONTRACT DOCUMENTS AND SPECIFICATIONS [its] N PLACE AU SOLEIL ENTRANCE IMPROVEMENTS AS -BID SET September 28, 2011 (ISSUED FOR CONSTRUCTION) TOWN OF GULF STREAM 100 SEA ROAD GULF STREAM, FL 33483 (561) 276-5116 MATHEWS CONSULTING C IV I L E N G IN E E R 5 TABLE OF CONTENTS TO SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PLACE AU SOLEIL ENTRANCE IMPROVEMENTS Town of Gulf Stream ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS BID PROPOSAL (BID FORM) AGREEMENT PERFORMANCE BOND PUBLIC CONSTRUCTION BOND WARRANTY OF TITLE FINAL RELEASE OF LIEN ACKNOWLEDGEMENT OF INSPECTOR GENERAL STANDARD GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TECHNICAL SPECIFICATIONS ADDENDA DIVISION 1 - GENERAL REQUIREMENTS 01010 SUMMARY OF WORK 01025 MEASUREMENT AND PAYMENT 01041 PROJECT COORDINATION 01045 CUTTING AND PATCHING 01050 FIELD ENGINEERING 01090 REFERENCE STANDARDS 01152 APPLICATION FOR PAYMENT 01153 CHANGE ORDER PROCEDURES 01310 CONSTRUCTION SCHEDULES 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01380 CONSTRUCTION PHOTOGRAPHS 01410 TESTING LABORATORY SERVICES 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROL 01505 CONSTRUCTION CONSIDERATIONS 01530 BARRIERS 01540 PROTECTION OF EXISTING FACILITIES 01570 TRAFFIC CONTROL 01600 MATERIAL AND EQUIPMENT 01630 SUBSTITUTIONS AND PRODUCT OPTIONS 01700 CONTRACT CLOSE-OUT 01720 PROJECT RECORD DOCUMENTS 01740 WARRANTIES DIVISION 2- SITE WORK 02220 TRENCHING, BACKFILLING AND COMPACTING 02515 CONCRETE PAVING STONES 02520 CONCRETE CURBS AND HEADERS 02521 FLOWABLE FILL 02574 PAVEMENT REMOVAL AND REPLACEMENT 02580 PAVEMENT MARKINGS DIVISION 3 -CONCRETE 03300 CONCRETE ADDENDUM NO. 1 TO CONTRACT DOCUMENTS For The TOWN OF GULF STREAM PLACE AU SOLEIL ENTRANCE IMPROVEMENTS Date: September 19, 2011 TO ALL BIDDERS AND OTHERS CONCERNED: Contractors submitting proposals for the above -referenced project shall take note of the following changes, additions, deletions, clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. NOTE: Bidders must acknowledge Receipt of Addendum on Page AG -4 of the Agreement in the Contract Documents. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO W ILLIAM THRASHER, TOWN OF GULF STREAM TO 561-737-0188 AS SOON AS POSSIBLE. /.Muco .Z.K P rhald Y Date AD -I ADDENDUM N0. 1 Addendum No. 1 Place Au Soleil Entrance Improvements The following Addendum items are amendments to the original contract documents and shall be considered as an integral part of said contract documents and bindings thereon as if bound therein. All items of the Contract documents shall remain intact unless amended by this addendum. This Addendum consists of eight (8) pages and includes: Revised Bid Form Page BP -3-A and Pre -Bid Meeting Minutes, PRE-BID MEETING The minutes from the pre-bid meeting held on September 14, 2011 are enclosed, consisting of four (4) pages, and are considered part of Addendum No. 1. BIDDING REQUIREMENTS Bid Forms Delete: Page BP -3 and BP -4 Insert: Page BP -3-A and BP -4-A (Revised, Addendum #1, Bid Form.Pages). Page BP -3-A reflects Bid Item No. 3 as a separate line item for Maintenance of Traffic. TECHNICAL SPECIFICATIONS Reference Specification Section 01025-3. INSERT: 3.03 BID ITEM No. 3 — MAINTENANCE OF TRAFFIC /0 in service during construction activities in accordance with the Contract Documents C. This item includes maintenance of traffic Plan traffic control flagman (two (2) flaggers rnm urnrl nM ..II 1........ /nA L_.. _ — I .. . .. order to Provide safety and traffic access in accordance with local and state requirements D. Refer to Specification Section 01570 ADD #1, Page l RESPONSE TO CONTRACTOR'S RFPS: RFI 1: Will new top soil be required in the new planting areas? Response 1: Provide new topsoil for planting of the palm trees. New topsoil is not required for the planting of the shrubs and groundcover. RFI 2: Are there any core samples of the existing road where the pavers are being placed? Do you know the thickness of asphalt and existing base? Response 2: There is no available information on the existing pavement section. All bidders shall acknowledge this addendum by completing the addendum acknowledgment section of their bid documents and by submission of this form with their bid document. Company Name: /ARCO T7✓C. ADD HI, Page 2 H I I I z w w C4 � � W V w A �y 9� w a p., c F 3 y N y 0 c0 z ca U w q q U d u En Q a a rFi 7 a a m A q Ln tW) o > 141 G o a a a0 a3 O z z z e e a n O u' z •L a •D •c C � C u 9 vi a = euv u L C L U i O � b9 N 9 L O 3 us = 3^ o � h •- L C C. o C E n e u ^ O U U a O. u I = L � U O q C �- � u v o u .. y u n L p m m ` w a a =- a Q Q =_ a O y m m a u w W C L d 3 O = a W a W � u 9 a Q m d c4 q F z F 3 yw g o ¢g m a, 00 TOWN OF GULF STREAM PLACE AU SOLEIL ENTRANCE l[MPROVEMENTS PRE-BID CONFERENCE MEETING MINUTES (September 14, 2011, 2:00 pm) 1. Purpose of Pre -Bid Meeting: This non -mandatory pre-bid meeting has been scheduled to acquaint the prime contractors and others with the bid documents for the Place Au Soleil Entrance Improvements Project. Place An Soleil is the Property Owners' Association and the Town of Gulf Stream is the municipality that will manage and enter into the contract with the selected contractor. The Town of Gulf Stream and the City of Delray Beach Building Department will provide inspection services for the Project. 2. Scope of Project: The Base Bid generally consists of fiunishing all labor, materials, equipment, incidentals and appurtenances for the installation of roadway improvements at the entrance to "Place An Soleil" neighborhood at US Highway 1 and Gulfstream Boulevard in the Town of Gulf Stream, Florida. Specifically, removal of existing asphalt, removal of existing landscape at the guardhouse island only, grading, installation of paver roadway section, concrete headers, curbing, paver sidewalk, traffic signage, conduit, and pavement markings at the entrance roadway to Place An Soleil. Bid Alternate "A" includes the surface preparation and application of stucco and decorative stonework on the existing guardhouse. Bid Alternate "B" includes landscape improvements. Refer to the Bid Proposal (BP) pages of the Front -Ends. The contract will be awarded on the Base Bid amount. 3. Project Designers: The project was designed by Urban Design South. MC is assisting the Town with bidding of the project. 4. Permits & Approvals: The following permits have been submitted for review: • City of Delray Beach Paving Permit (Contractor to complete the application and pick up the permit once approved) The fee is waived. The following approvals will need to be secured by the Contractor: • MOT plan approval required by Town, City and FDOT. Note that this entrance is the only way in and out of the neiehborhood. Place An Soleil Pre -Bid Mtg Minutes 5. Project Schedule: Bids will be opened on Wednesday, September 28.2011 at 2:00 PM at Town Hall, 100 Sea Road, Gulf Stream, Florida, 33483. Be sure to have your bid submittal date and time stamped by the Town Clerk before 2:00 PM. Submit two (2) copies of the bid. The work will be substantially completed within 50 calendar days after the date when the Contract time commences to run and completed within 10 calendar days from the date of Substantial Completion. 6. Liquidated Damages: The Contractor shall pay the Town $500.00 for each calendar day or partial calendar day that the work is not fully completed after the time specified in paragraph 5 above. 7. Bid Security: A Bid Bond, Certified Check, or Cashiers Check in the amount of 5% of the total bid price must be submitted with the bid. The bidders must utilize the Bid Bond form provided in the Contract Documents. 8. Sub -Contractors: The bid proposal required that the sub -contractors be identified. A copy of a certificate of insurance for each sub -contractor is required, however, this would only apply to the apparent low bidder and would be required before the Notice of Intent to Award the contract was issued. 9. Examination of Site: Each bidder is responsible for necessary site investigations to determine all above ground conditions and sub -surface conditions and the facilities needed to execute the work in accordance with the contract documents. It is recommended that potential bidders inspect the project site before preparation/submittal of their bid package. 10. Interpretation of Addenda: When questions raised are deemed appropriate by the Town, in its sole discretion, they shall be answered in the form of Addenda. No oral answers to questions will be given. All Addenda so issued shall become a part of the Contract Documents, and must be acknowledged. To receive consideration, such questions shall be submitted in writing to the Town Manager not less than five working (5) days before the established date for the opening of Bids. Therefore, all questions need to be submitted to Town prior to close of business (4:00 PM) on Thursday, September 22, 2011. Any questions received after this date may not be answered. Fax 561-737-0188, Attn: Mr. William Thrasher, Town Manaeer. Place Au Soleil Pre -Bid Mtg Minutes 11. Bid Proposal: Contract Price is based on the Total Evaluated Base Bid items 1-2. The Town may consider both or none of the Alternate Bid Items A and/or B. Each pay item is defined in Specification Section 01025 "Measurement and Payment'. 12. Pre -Construction Conference: Pre -construction meeting will be held immediately upon execution of the contract by the Town. 13. Existing Utilities: Contractor is filly responsible for coordination of all utility companies (e.g. FP&L, AT&T, natural gas, cable TV, Town of Gulf Stream, City of Delray Beach, etc.) and for repairing, at no expense to the Owner, utilities damaged during construction. 14. Key Concerns: • Submit Maintenance of Traffic Plan (MOT) prior to start of construction. Approval must be obtained from the Town of Gulf Stream, City of Delray Beach and FDOT. Note that the flowable fill material or concrete base material must be allowed to cure for a minimum of 24 hours before traffic may be directed onto the newly installed pavers. • Traffic is to be maintained at all times. Access to the Place An Soleil neighborhood shall be maintained at all times. Duration of lane closings shall be coordinated with the Town of Gulf Stream. • Staging areas and employee parking locations to be approved by the Town of Gulf Stream. • Contractor shall verify all locations of utility crossings and parallel utilities prior to construction. This includes sanitary laterals and water services. • Contractor is responsible for replacing damaged irrigation piping, heads and control lines in kind. • The PVC conduit installation is not shown on the plans but is described in Specification Section 01025. • All areas disturbed by construction activities shall be restored. • The as-builts must be signed and sealed by a Land Surveyor registered in the state of Florida. • The Contractor shall provide the name of an independent testing laboratory for specified testing. The Town must approve the laboratory and will pay for all passed tests. Whenever nonconformance is determined by the testing, the Contractor shall bear the full costs thereof or shall reimburse the Town for said cost. 15. Contractor Questions at the Pre -Bid Meeting: A. Can compacted subcrade be used instead of stabilized sub rade of an LBR 40 or can we increase the thickness of the flowable fill or concrete to comuensate for the LBR? Response: Suberade compacted to minimum 98% maximum density per AASHTO T-180 is acceptable with density test results to confirm the compaction Place An Soleil Pre -Bid Mtg Minutes B. Is the contract with the property owners association or with the Town? Response: The contract will be with the Town of GulfStreatn C. The landscape plans call for 5 gallon container size but 3 gallon or 7 gallon are the nearest sizes readily available. Response: All reference to 5 gallon shall be changed to 3 eallon. D. The scale of the landscape drawings seems to be off. Please confirm the 3' O/C spacing. Response: The bid quantities of the plant material shall be determined by the numbers listed in the boxes after the plant material listed on drawings LP -1 and LP -1, not as scaled. E. There is an existing areca palm on the south side of the entrance road shown to remain. It is in poor condition. Should it be removed? Response: The areca palm on the south side of the entrance road east of the septic tank shall be removed spider the Alternate Bid Item B. F. What type of requirements does the Town of Gulf Stream Police Department have regarding traffic control? Response: The successful bidder must provide for traffic managententWOT including but not limited to two Aaggers on site 24-houddav durine the time that a lane is dosed to traffic. The Town's Police Department (PD) will provide assistance as special conditions/requirements arise. The contractor will be required to coordinate the MOT with the Town's PD. The PD will monitor the site If the contractor wishes to hire officers of the Town's PD as part of their MOT plan the rate shall be S391hr. 16. Adjourn Place Au Soleil Pre -Bid Mtg Minutes ADVERTISEMENT FOR BIDS Sealed bids will be received by the Town of Gulf Stream, Florida, at the Town Hall, 100 Sea Road, Gulf Stream, Florida 33483, on September 28. 2011 until 2.00 p.m. (local time) and then will be publicly opened and read aloud for the project titled: Place An Soleil Entrance Improvements The work generally consists of the following: Roadway improvements at the entrance to "Place An Soleil' neighborhood at US Highway 1 and Gulfstream Boulevard in the Town of Gulf Stream, Florida. The bid alternates include guardhouse renovation and landscape improvements. The Base Bid improvements include removal of existing asphalt, removal of existing landscape at the guardhouse island only, grading, installation of paver roadway section, concrete headers, curbing, paver sidewalk, traffic signage and pavement markings at the entrance roadway to Place An Soleil. Bid Alternate "A" includes the surface preparation and application of stucco and decorative stonework on the existing guardhouse. Bid Alternate "B" includes landscape improvements. All work performed shall be in accordance with the Contract Documents (plans and specifications) pertaining thereto, which may be obtained at the Town Hall, Attn: Mr. William Thrasher, Town Manager, 100 Sea Road, Gulf Stream, Florida, 33483, Telephone Number 561-276-5116. A forty dollar ($40.00) per set, non-refundable fee will be required when securing Contract Documents. Checks for securing Contract Documents should be made payable to Town of Gulf Stream. Copies of plans and specifications may be examined by prospective bidders in the Town Hall offices. Any bid received after the time and date specified will not be considered. One contract will be awarded for all work included in the Base Bid outlined above and described in the plans and specifications. The Town reserves the right to award none, one or all Alternate Bid Items to the lowest responsive bidder. A pre-bid meeting will be held September 14 2011 at 2.00 u m at Town Hall at the address listed above It is strongly recommended that all parties interested in bidding this project should attend this meeting. Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida or an acceptable bid bond in an amount not less than five percent (5%) of the base bid, as guarantee that the Bidder will not withdraw from the competition after the opening of the bids, and if written notice is given of such award, enter into a written Contract with the Town of Gulf Stream, Florida, in accordance with the written Proposal. Should the successful Bidder fail to enter into a Contract, the check or bid bond shall be forfeited as liquidated damages. No bidder may withdraw his bid for a period of sixty days after the day set for the opening of bids. Further instructions and conditions are stated in the bidding documents. The Town of Gulf Stream reserves the right, in its sole and absolute discretion, with or without cause, to accept or reject any and all bids, in whole or in part, and to waive minor variations to specifications or technicalities or irregularities therein. The Town further reserves the right, in its sole and absolute discretion, to award the contract to that bidder whose proposal best complies with the bid specifications and will best further the interests of the Town. Advertisement Date: Sunday. August 28.2011 1589 - 8/19/2011 AFB -1 INSTRUCTIONS TO BIDDERS 1. CONDITIONS OF WORK 1.1 Each Bidder shall have read and be thoroughly familiar with the drawings, specifications and other Contract Documents. Failure to do so will not relieve the successful Bidder of his obligation to famish all labor, materials, and equipment necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his Bid. No effort is made to emphasize any particular provision of the Contract, but bidders must familiarize themselves with every provision and its effect. The Engineer/Architect makes no representations other than those stated or shown directly in the Contract Documents. 1.2 The Bidder, by and through the submission of his Bid, agrees that he shall be held responsible for having theretofore examined the site, the location and route of all proposed work and for having satisfied himself as to the character of the route, the location, surface and underground obstructions, the nature of the groundwater table conditions, and all other physical characteristics of the work, in order that he may include in the prices which he bid, all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. 2. QUALIFICATIONS OF BIDDERS 2.1 The Owner may make such investigations as it deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner within the specified time any additional information for this purpose as the Owner may request. Information which may be requested precedent to considering a contract award may include but not be limited to the following: (a) Certain up to date financial statements of the Bidder. (b) A list of references of other similar projects the Bidder has completed of comparable cost with addresses, names, phone numbers of reference and a description of each project. (c) A copy of various certificates and license issued by the State of Florida and local governments which qualify the Bidder to perform the work (d) A list of equipment available to the Bidder that will be used on the project. (e) A production schedule based on the number of days provided with the 1589 - 6/8/2011 ITB - 1 Bidder's Proposal in sufficient additional detail to allow for an evaluation of the Bidder's understanding of the project requirements. (f) A detailed description of the methods and program of work the Bidder proposes to follow. (g) Similar information as listed in this subsection for any or all proposed subcontractors. (h) Other data as specified and required in the bidding documents. (i) Verification data regarding the Bidder's Surety. 2.2 If the Contractor must subcontract any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted. The Owner reserves the right to accept or reject any or all bids wherein a non-responsive subcontractor is named. The Owner reserves the right to reject any and/or all bids and waive technicalities and/or any irregularities therein. The Owner further reserves the right to award a contract to the bidder whose proposal best serves the interests of the Owner in the sole discretion of the Owner. 2.3 The Owner also reserves the right to reject a Bid of any Bidder if the Bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. 3. FORM OF PROPOSAL 3.1 BIDS MUST BE SUBMITTED IN DUPLICATE upon the prescribed forms. All blank spaces must be filled in as noted, in ink or typed, in both words and figures with amounts extended and totaled, and no changes shall be made in the phraseology of the forms or in the items mentioned therein. In case of any discrepancy between the written amounts and the figures, the written amounts shall govern. Any Bid may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for, or which does not contain prices set opposite to each of the several items in the Bid form, or in which any of the prices are obviously unbalanced, or which shall in any manner fail to conform to the conditions of the published notice inviting Bids. 3.2 The time of completion of the work performed under the Contract will be the number of calendar days stated from the date of the Notice to Proceed. The Bidder shall sign his Bid in the blank space provided therefore. If the Bid is made by a partnership or a corporation, the name and address of the partnership or corporation shall be shown together with the name and addresses of the partners 1589 - 6/8/2011 ITB - 2 or officers. If the bid is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers thereof. 3.3 Where the work has been separated into two or more Divisions, the Bidder may bid upon any Division, any combination of, or all Divisions. In such instances, the Bid on each Division shall be considered as a separate and distinct Bid, and separate Bid Bond or check shall be famished for each Division upon which a Bid is placed. If the Bidder bids on more than one Division, one Bid Bond may be furnished by said Bidder to include all Divisions of interest. �� 4.1 In case there is any item in the drawings, specifications or other Contract Documents which is not clear to the Bidder or which may, in his opinion be impossible to comply with or may be in error, the Bidder is urged to notify the Engineer/Architect immediately. If it is considered necessary and time permits, an addendum will be forwarded to each holder of the Project Manual and drawings. Acknowledgement of all addenda received shall be noted in the appropriate space on the Bid Proposal. 5. PUBLIC ENTITY CRIMES NOTIFICATION 5.1 Each Bid associated with work for a public entity must be accompanied by a signed acknowledgement of notification of the Public Entities Crime Law, found in the Bid Proposal (BP) form. In the event such acknowledgement is not submitted with the proposal, the Contract will not be awarded until said acknowledgement is submitted pursuant to Section 287.133(3)(a), Florida Statutes. 6. AUTHORITY TO EXECUTE DOCUMENTS 6.1 A bid submitted by a corporation or a partnership shall be accompanied by a sworn statement which affirms the authority of the individual who signs the bid proposal to sign such documents. A form (Certificate) is included in the Bid Proposal (BP) form for such purposes. 7. BID SECURITY 7.1 Each bid must be accompanied by a deposit of not less than five percent (5%) of the amount of the gross sum named in the Bid. The deposit shall consist of a certified check or Bid Bond payable to the Owner. Within ten (10) days after the formal opening of Bids, checks or Bid Bonds will be returned except those deposited by the three lowest formal Bidders, which, with the exception of the Bid security of the successful Bidder, will be returned within three (3) days after the execution of the Contract between the successful Bidder and the Owner. The Bid security of the successful Bidder will be returned to him without interest when the Contract has been approved and executed. The surety shall be through a 1589 - 6/8/2011 ITB - 3 company or companies approved by the Owner and authorized to transact business in the State of Florida. 8. CONSTRUCTION SCHEDULE 8.1 Contractor shall submit with his Bid Proposal in addition to all other documents required, a preliminary construction schedule in graphical or chart form based on the number of calendar days bid. A revised schedule shall be submitted on the day of the pre -work conference and shall be updated monthly and submitted with the monthly payment requests. 9. RECEIPT AND OPENING OF BIDS 9.1 Sealed bids will be received as stated in the "Advertisement for Bids" and then publicly opened and read aloud. Bids shall be made on the forms enclosed and submitted in a sealed envelope addressed to the Owner and endorsed with the name of the Bidder and the project title. If mailed, the first envelope shall be contained in a second mailing envelope, labeled 'BID ENCLOSED". The Bidder is solely responsible for any Bid sent through the mail or by any public or private courier. Offers by telephone, telegram or facsimile will not be accepted. 9.2 The Bid time will be scrupulously observed. Under no circumstances will bids delivered after the time specified be considered. Such Bids will be rejected and shall remain unopened. 9.3 A Bidder may withdraw any proposal he has submitted at any time prior to the hour set for the opening of the bids provided the request for withdrawal is signed in a manner identical with the proposal being withdrawn. No withdrawal or modifications will be permitted after the hour designated for opening the Bids. 10. ANALYSIS OF BID PRICES 10.1 Before award of Contract, the low Bidder shall famish to the Owner an analysis of the Bid prices quoted by him within ten (10) days of being requested to do so. 11. CHANGES IN PROJECT SCOPE 11.1 The Bidder is advised that the Owner reserves the right to delete or add to any items of the work which, in his opinion, should be adjusted in order to bring the Contract price within the money budgeted. Assurance is granted that such change which results in lowering the bid amount will not exceed twenty-five percent (25%) of the Contract awarded. Changes which increase the contract amount shall be negotiated based on contract unit prices or other basis which is acceptable to the Engineer and agreed to by the Contractor and Owner. 1589 - 6/8/2011 ITB - 4 12. 13. 14. 15. RIGHT TO ACCEPT AND REJECT BIDS 12.1 The Owner reserves the right, in its sole and absolute discretion, with or without cause, to accept or reject any and all bids, in whole or in part, and to waive minor variations to specifications or technicalities or irregularities therein. The Owner further reserves the right, in its sole and absolute discretion, to award the contract to that bidder whose proposal best complies with the bid specifications and will best further the interests of the Owner. ACCEPTANCE OF BIDS 13.1 No Bid may be withdrawn for sixty (60) days after the scheduled closing time for receipt of Bids. 13.2 Within sixty (60) days after the opening of Bids, the Owner will accept one of the Bids or will act in accord with Paragraph 11 of this "Instructions to Bidders". The acceptance of the Bid will be by notice in writing signed by the Owner or its representative, mailed to or delivered at the office of the bidder designated in the Bid. 13.3 Bidders will not be allowed to modify in any way their Bids after the Bid opening time and date. 13.4 Bid files may be examined during normal working hours, after the Bid opening, by appointment. BASIS OF AWARD 14.1 The award of the Contract, if it is awarded, will be to the lowest and most qualified, satisfactory responsive and responsible Bidder whose proposal shall comply with all requirements necessary to render it formal. For the purpose of award, the low Bid shall be the lowest amount Bid for the Base Bid, and if any alternates are considered, it shall be the Base Bid plus the addition/deduction for the alternate or alternates which the Owner may select. In no case will an award be made until all necessary investigations are made into the qualifications of the low Bidder. BID PROPOSAL FORM 15.1 All material and equipment provided by the Contractor shall be thoroughly adequate for the Work for which it is to be used. Failure on the part of the Contractor to furnish such material or equipment shall be sufficient cause for annulment of the Contract. 15.2 For convenience of description and as a standard for comparison of Bids, certain equipment, materials, etc. have been specified by name or manufacturer. Equipment, materials, etc., by other manufacturers may be accepted if, in the 1589 - 6/8/2011 ITB - 5 16. 17 opinion of the Owner, same is equivalent in quality, characteristics and workmanship and will perform satisfactorily its intended purposes. PREPARATION OF BIDS 16.1 By submittal of his Proposal, the Bidder acknowledges his awareness and agreement that: 16.1.1 The Total Base Bid price stated in the Proposal represents full and complete costs of a complete and operable installation; no extra compensation will be allowed for redesign and changes in construction of structures, piping, buildings, mechanical work, electrical work, accessories, site work, etc., resulting from the Engineer's approval of the Bidder's proposals. 16.1.2 The Bidder agrees that the Contract time as stated in his Proposal is reasonable and adequate for submittals, redesigns, and re -drawing as may be required. PERFORMANCE BOND, PUBLIC CONSTRUCTION BOND 17.1 Simultaneously with his delivery of the executed Contract, the successful Bidder shall deliver to the Owner, executed bonds with effective dates matching the effective date of the Contract, each in the amount of 125 percent (125%) of the accepted Bid as security for faithful performance of his Contract and for payment of all persons performing labor or furnishing materials in connection therewith, prepared on the form of bonds attached hereto, and having as surety thereon such company or companies approved by the Owner and authorized to transact business in the State of Florida. 17.2 If within ten (10) calendar days after the acceptance of the Bid the successful Bidder shall refuse or neglect to execute the Contract and to furnish the required Public Construction Bond properly signed by the Contractor and the Surety or Sureties satisfactory to the Owner, the Bidder shall be deemed to be in default and the Owner will retain his Bid Security as liquidated damages, but not as a penalty. The Owner reserves the option to accept the Bid of any of the other bidders within ten (10) calendar days from such default, in which case such acceptance shall have the same effect to such Bidder as though he were the original, successful Bidder. The Performance Bond, Public Construction Bond and the Agreement shall all be dated on the same date. 17.3 If the Contractor is a partnership, the bond should be signed by each of the individuals who are partners; if a corporation, the bond should be signed in the correct corporate name by a duly authorized officer, agent or attomey-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. The executed bond should be accompanied by (a) duly certified copy of Power-of-Attomey or other certification of authority where bond is executed by agent, officer or other 1589 - 8/9/2011 ITB - 6 representative of Contractor or Surety; (b) duly certified extract from bylaws or resolutions of Surety under which Power -of -Attorney, or other certificate of authority of its agent, officer or representative was issued. Such bonds shall incorporate by reference all the terms and conditions of the contract documents. 18. TIME OF COMPLETION 18.1 Unless otherwise provided the time of completion of the work is to be determined by the Contractor and placed appropriately in the Bid Proposal. If awarded the Contract and in event of failure to complete the work within the time specified, liquidated damages will he assessed as provided in the General Conditions unless an extension of time is granted. 19. ALTERNATIVES 19.1 Where Base Bid is provided for, the Bidder shall submit a Bid on the Base Bid and may exercise his own prerogative in submitting a Bid on alternate items unless otherwise mandated. Determination of the lowest Bid will be based on the lowest Bid received from a responsible, qualified Bidder. The Owner reserves the right to accept or reject any and/or all alternates of the Base Bid or any combination thereof. Further, should a bid on an alternative item be mandated, the Owner reserves the right to make its determination of award based on the Base Bid in combination with the alternative. The Owner, or its representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or whatsoever is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 20. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT 20.1 Bidder certifies that all equipment, materials, etc., contained in this bid meets all OSHA requirements. Bidder further certifies that, if he is the successful bidder, and the material, equipment, etc. delivered is subsequently found to be deficient in any OSHA requirement in effect on day of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the Bidder. 21. REGULATIONS AFFECTING THE WORK 21.1 Federal, State, County, and local laws, ordinances, rules and regulations that in any matter affect the items covered herein apply. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. 21.2 The Contractor hereby agrees and shall be solely responsible for ensuring that the Contractor and any subcontractors make themselves fully aware of the requirements of any applicable ordinances, statutes, laws or federal regulations which may affect this project or the Contractor's/Subcontractor's work under this project, including but not limited to safety regulations, minimum wage 1589 - 6/8/2011 ITB - 7 regulations, and others. The Contractor further agrees that neither the Owner nor its engineers shall be responsible for ensuring compliance or notification of any changes or modifications to any such applicable ordinances, laws, statutes, rules, or regulations. Contractors doing business with the Owner are prohibited from discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rates of pay, or other compensation methods, and training selection. 22. UTILITIES AND STRUCTURES SHOWN ON THE PLANS 22.1 Existing utilities and facilities are shown on the Contract Drawings only for the convenience of all parties concerned and were established without guarantee as to their accuracy or completeness of location. Because of conflicting and sometimes erroneous information, certain facilities may not be located precisely as shown, or may be omitted entirely. Prior to performing any work, the Contractor shall determine, by site inspection or otherwise, all pertinent data concerning the existing utilities, structures, and facilities, including the request of each utility agency to advise him of the location of their facilities in the work vicinity. 22.2 The Contractor shall be completely responsible for the relocation, as required, of existing utilities and structures with such work accomplished at no additional cost to the Owner. The Owner will assume no liability for damages sustained or costs incurred because of the Contractor's operations in the vicinity of the existing utilities or structures. The Contractor shall schedule his work in such a manner that he is not delayed by the utility companies relocating or supporting their utilities. No compensation shall be made for such loss of time. 22.3 The position of certain structures and utilities directly affects the proposed construction. Therefore, in order to insure that the proposed work can actually be positioned as planned, the Contractor shall make any excavation necessary for location of structures and utilities prior to construction of that particular portion of the job. 22.4 All overhead, surface or underground structures encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement, and all damage to such structures is to be completely repaired within a reasonable time; otherwise, the Town's representative may give twenty-four hours notice to the Contractor, then repair the damage at the Contractor's expense. All such repairs made by the Contractor are to be made to the satisfaction of the Town's representative; all damaged pipes must be replaced or prevented from leaking. Additionally, all such repairs are to be inspected by the Town's representative prior to backfilling. The Contractor must carefully protect from disturbance or injury, all monuments, stakes and benchmarks, and shall not excavate nearer than five feet to any of them until they have been removed, witnessed or otherwise disposed of by the Town's representative. 1589 - 8/9/2011 ITB - 8 23. CONSTRUCTION STAKING 23.1 Article 4. Paragraph 4.05 of the General Conditions is deleted from the Contract. The Contractor shall employ a Land Surveyor licensed to practice in the State of Florida to set all the required controls for his work based upon Plats of Record and Owners' acquisitions of Rights -of -Way and real property. 23.2 Bench marks for level control have been established, are shown on the drawings and shall be used by the Contractor for vertical control. Also available for use are Palm Beach County benchmarks. 24. UTILITY CONSTRUCTION AND ADJUSTMENT 24.1 Bid items for any pipeline and appurtenant work are for new work only. Prices bid for these items shall include all work incidental thereto, such as temporary pavement repair, permanent pavement replacement, sidewalk repair and all other required restoration work. Where it is necessary to relocate, lower or otherwise adjust existing mains and appurtenances as may be required to accomplish the new pipeline construction. The cost of such work shall be included in the unit prices for such new pipeline. 25. CONSTRUCTION RIGHTS 25.1 The Owner has obtained permits, easements, and other construction rights to assure sufficient right-of-way and permission to construct the project. These permits, easements and agreements contain conditions which are binding upon the Contractor to be employed by the Owner, and copies are available for inspection at the Town Hall by all prospective bidders. Specifically, the Contractor shall be responsible for payment of all costs or charges by other than the Owner for, but not limited to the following, and shall have included all such costs in the unit or lump sum prices stated in his Bid: 25.1.1 Licenses required by law. 25.1.2 Inspection or construction supervision fees charged by utility companies, railroad companies public authorities, or others. 25.1.3 All charges by others for assistance to the Contractor for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the Contractor's operation. 25.1.4 All costs of restoration of the work site to condition equal or better than that prior to construction. 25.1.5 All costs of restoration of pavements and structures damaged by the Contractor's operation. Likewise the Contractor shall pay all costs of restoring all work areas and all areas where construction materials are stored, whether new materials to be installed or materials removed 1589 - 8/9/2011 ITB - 9 from the work area incidental to the work solely to the satisfaction of the Owner. 25.1.6 All public liability, property damage and contractual liability insurance required by others to permit the Contractor's operation. 25.2 Copies of such permits, easements and agreements, if requested, will be furnished to the Contractor prior to commencement of the work. 26. CONTRACTOR'S LIABILITY INSURANCE 26.1 The Contractor shall provide and maintain through the term of this Contract, insurance with all the subject features, in accordance with the instructions given in the General Conditions and Supplementary Conditions. 27. RECORD DRAWING DATA REQUIREMENTS 27.1 The Contractor shall be supplied with two clean sets of plans at the preconstruction conference for the purpose of record data collection and submission. One set is to be used for actual field recording and on-site review and the second set for final record data preparation, recordation and submission. Each payment request shall be accompanied by the final record data plan set which shall include all of the required record data for the completed work. Payment requests will not be processed until all record data for the respective work is submitted and approved. The record data will be placed on the reproducible plans and the final record data plan set returned to the Contractor for the next payment request. 28. DOMESTIC MATERIALS 28.1 The Contractor shall make maximum use of domestic construction materials manufactured in the United States of America. The use of non-domestic construction materials will be permitted only in case of the non-availability of domestic construction materials, and upon written approval of the Owner. 29. COMMUNICATION DURING BIDDING 29.1 All questions, comments and other communications by all prospective contractors, material suppliers, vendors, etc. shall be directed to: Mr. William Thrasher Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 (561) 276-5116 (561) 737-0188 (fax) bthrasher@gulf-stream.org 1589 - 8/9/2011 ITB - 10 30. HOURS OF WORK 30.1 The Contractor is hereby informed and understands that the Owner restricts work to between the hours of 8:00 A.M. and 6:00 P.M, Monday — Friday, no more than 40 hours per week. Therefore, the work is restricted to these hours, unless emergency conditions exist that are endangering life or property, as may be determined by the Town's representative. If the Contractor desires to work on weekends or holidays, it must be pre -approved on each occurrence by the Owner and Town's representative and any additional costs incurred by the Owner such as fees for Town's representative may be charged to the Contractor by the Owner. If the Contractor is authorized to operate equipment 24 hours per day, the engines shall be provided with residential type silencers approved by the Town's representative. 31. ERRORS 31.1 In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidders' total will be adjusted accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the Bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 32. GRATUITIES 32.1 It shall be unethical for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content requirement of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement of a contract or subcontract, or to any solicitation or proposal therefore. 33. KICKBACKS 33.1 It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or offer. 1589 - 8/9/2011 ITB - 11 34. DELETIONS 34.1 The Owner, at his discretion, may delete certain work items from the contract. 35. CONFLICT OF INTEREST 35.1 The award is subject to provisions of State Statutes and Local Ordinances. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the Owner. Further, all Bidders must disclose the name of any Owner employee who owns, directly or indirectly, an interest of ten percent (10) or more in the Bidder's firm or any of its branches. 36. RIGHT TO TERMINATE 36.1 hi the event that any of the provisions of the contract are violated by the successful Bidder, the Owner may serve thirty (30) days written notice upon such bidder of its intention to terminate the contract. The liability of the Bidder for any and all such violation(s) shall not be affected by any such termination and his Surety, if any, may be forfeited. END OF SECTION 1589 - 8/9/2011 ITB - 12 Proposal of Aivzco rvc. BID PROPOSAL (Contractor) q -<y7/ caaousgc C44.cr.4 Sour/ how .%riaN, (Address) to famish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project titled: TOWN OF GULF STREAM PLACE AU SOLEIL ENTRANCE IMPROVEMENTS To: Town of Gulf Stream Gentlemen: The undersigned bidder hereby declares that he has carefully, and to his full satisfaction, examined the attached Instructions to Bidders, General Conditions, Supplementary Conditions, Technical Specifications, and form of Contract and Bonds, together with the Contract Drawings; and that he has made a full examination of the location of the proposed work and hereby agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor, and other things necessary to the execution and completion of the work, fully understanding the scope of the work; and that he will fully complete all necessary work and the requirements under them within the time limit specified in this proposal. 2. The undersigned bidder agrees to execute and deliver to the Owner the attached Agreement within ten (10) calendar days after the date on which Notice of Tentative Award has been given, along with Contract Security, Insurance Certificates and other documents required by the Contract Documents. If Bidder fails to sign the Agreement and deliver the Agreement to the Town accompanied by the required security, insurance certificates and other documents within the time specified, the Town has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. Otherwise, said bid security is to be returned as provided herein. After notification to proceed by the Town, the undersigned Bidder agrees to begin work with an adequate force and equipment within ten (10) calendar days. The undersigned bidder proposes that all work be completed within not more than Six 60 calendar days from the date of Official Notice to Proceed, and that if awarded the Contract for the work, to pay to the Owner the liquidated damages for each day that he fails to complete the work within the prescribed time, in accordance with the terms stated in the Agreement. 1589 - 8/9/2011 BP -1 4. The undersigned bidder states that this proposal is the only proposal for this project in which he is interested and that this proposal shall be either accepted or rejected within sixty (60) days after the due date. 5. In submitting this Bid, the undersigned Bidder represents, as more fully set for in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda, receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the Instructions to Bidders: Number Date Number Date I ghci b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary to satisfy himself as to the character of the route, the location, surface and underground obstruction, the nature of the groundwater table conditions, and all other physical characteristics of the work, in order that he may include in the process which he bids, all costs pertaining to the work and thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. C. 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, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Town; no Town official nor any Town employee has direct or indirect interest in said bid; in the supplies or work to which it relates, to any person associated with the firm performing the work or to the profits resulting from the work. 6. Bidder agrees that the Work will be substantially completed within 50 calendar days after the date when the Contract time commences to run, and completed within 10 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1589 - 8/9/2011 13P-2 9 9 N `7 M 0 v 6 Q Q o � � 0 O O o O M rn � sv s9 V A v3 �i vi^ll 9 9 N `7 M 0 v 6 �Z O U9 K W N3 g y� z z �1aN W F � � a 9 9 N `7 M 0 v 6 ss tl tl I o� 0 m Q Q z COD R � ss Q� O W G J O F_ d Q 9 a F D2y J � Q Z Fl Qtl F En W z Q f3 � � z O z e N N 1 N 0 O ro O F � u A � etl s � m zQ V r� W F ¢ J Q a7 ss tl tl I Q Q z COD R � W W G F_ O F_ Q Q 9 a F F Q Q Fl Qtl F En W z Q f3 ^ a O o z o z e I o z R � b C G O �p E 9 a r u e i 0 L 0 3 3^ o u HL a � m c u o 0 � d U N ea a E L � i O L y V u � L a �+ n � L L � b 0 e t° 'a L L a 3 t Q O y a m c_ e a c c a � N a ,o 3 c v x Q (� V 0 E a Q o � rn ao Communication concerning this Bid shall be addressed to the Bidder as indicated below. The terms used in this Bid which are defined in the General Conditions of the Construction Documents have the meanings assigned to them in the General Conditions. Dated: 9127///4N� Name of Bidder, Corporation, Finn or Individual By. Si idder katJn/ b. Z K Typed Name Ch07/ CAtoc59L C/lceR 60� Business Address of Corp., Finn or Individual Fan 2amN, FC.. 334.34-- (Corporate 3¢35-- (Corporate Sea),) Incorporated under the laws of the State of Pwe-% to 501- 488-082;L- Phone 68-062-2Phone Number GCG I SI SOLOS General Contractor's License No. 1589 - 8/9/2011 BP -5 CERTIFICATE (if Corporation) STATE OF FLORIDA ) ) SS COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of 4N2,Co -tN, , a corporation under the laws of the State of R.o,&04 held on 2 20 L_ the following resolution was duly passed and adopted: "BE IT RESOLVED", that .-)DUjj b. 2-44 as '-pasr'-s IoG,aT of the Corporation, is hereby authorized to execute the Proposal dated _I 1 , 20 It , between the Town of Gulf Stream, Florida 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 G WITNESS WHEREOF, I have hereunto Subscribed and swom to before me this C &day of ANNE D DOYLE MY COMMISSIONY{-DD793272 EXPIRES May 29, 2012 1/07)798-0151 %b NoWgSemKe.o 1599 - 8/9/2011 13P-7 set my hand this cPj?)61C day of (Se retary) eo�o�n far+! 20__. Notary Public My Commission Expires: qz1 I2pt TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON-RESPONSIVE) Av2Co TNC . (NAME OF CONTRACTOR) hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration's Excavation Safety Standards. (OSHA) 29 C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 533.64 inclusive (1990). "Trench Safety Act". The undersigned acknowledged that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below: (Attach additional sheets as necessary) Schedule Item Trench Safety Measure (Slope, Trench Shield, etc.) Cost $ loo . eo Total (Signature) R�ZB�/I (Date) STATE OF ' '-106 a c; - COUNTY OF Ra,( 3-eaC B\ Subscribed and Sworn to (or affirmed) before me on a � (date) be by JO k . (name). He/she is personally known to me or has presented i�k; V -L",(- 1_I 0-" V (type of identification) as identification. Notary Public Signature and Seal Print Notary Name and Commission No. t 1589 - 8/9/2011'8 Flpi"allolaryService.m,i TRUTH — IN — NEGOTIATION CERTIFICATE The undersigned warrants (i) that it has not employed or retained any company or person, other than bona fide employees working solely for the undersigned, to solicit or secure the Agreement and (ii) that it has not paid or agreed to pay any person, company, corporation, individual or firm other than its bona fide employees working solely for the undersigned or agreed to pay any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of the Agreement. The undersigned certifies that the wage rates and other factual unit costs used to determined the compensation provided for in the Agreement are accurate, complete and current as of the date of the Agreement. This document must be executed by a Corporate Officer. By: .bk(N b . 211 k Title: --W-c5 Tofu I - Date: �1rB�/( 1589 - 8/9/2011 BP -9 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendor who submits a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, 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 drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: I. This firm publishes 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 actions that will be taken against employees for violations of such prohibition. 2. This fine informs -employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (1), this firm notifies 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 plea guilty or nolo contendere to, any violation of chapter 893 or 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. 5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. (Veor' ignature) 1589 - 8/9/2011 BP -10 )oAlAi IBJ, Z44 (Firm Name) g /2b LL— (Date) SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL After the execution of the Agreement substitution of equipment and/or material of makes and/or types other that those named in the Contact at the request of the Contractor will be considered for two reasons only: That the equipment and/or material proposed for substitution is superior in construction and/or efficiency to that named in the Contract. 2. That the equipment and/or material proposed for substitution is equal in construction and/or efficiency to that named in the Contract. In either case, it will be assumed that the cost to the Contractor of the equipment and/or material proposed to be substituted is less than the equipment and/or material named in the Contract and, if the substitution is approved, the Contract price shall be reduced in a corresponding amount. No request will be considered unless submitted in writing to the Town and approval by the Town must also be writing. To receive consideration, requests for substitution must be accompanied by documentary proof of the actual difference in costs to the Contractor in the shape of certified copies of equipment and/or materials, company's quotations to the Contractor covering the original equipment and/or materials, and also equipment and/or material proposed for the substitution or other proof satisfactory to the Town. It is the intention that the Town shall receive the full benefit of the saving in cost involved in any substitution. In all cases, the burden of proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the Town's representative who will make recommendations to the Town, and unless the proof is satisfactory to the Town, the substitution will not be approved. Request for substitution solely on the grounds that better delivery can be obtained on the equipment and/or material proposed for substitution will not be approved for it will be considered that the contractor in his bid has named equipment and/or material on which he has received proposals from equipment suppliers and/or manufacturers giving a delivery time which will permit completion of the project within the Contract time. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the Town to be equal or superior in construction and/or efficiency to that name d in the Contract will not be approved. Whenever brand names or trade names are listed, followed by the words "or equal", the offering of any material or product not named may not be presumed to be equal and the words "or equal" shall mean "or approved equal". 1589 - 8/9/2011 BP -11 NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida Statutes (F.S.) you are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S. for CATEGORY TWO ($25,000) for a period of 36 months from the date of being placed on the convicted vendor list. Acknowledged by: AN 2co 2NC - Firm Nam Si JoF/N b . 2aK �?e 510 a >T Name & Title (Print or Type) 1589 - 8/9/2011 BP -12 ................................... .............................................................. I............................................................. SEP -23-2011 08:09 FROM:q = 5618077224 TO:19547318438 P.214 BID BOND # 71174037 Western Surety Company Bid#774621 Place Au Soleil STATE OF FLORIDA COUNTY OF ) SS im KNOW ALL MEN By THESE PRESENTS that Anzco, Inc. as Principal, and Western Surety Company as surety, are held and firmly bound unto the Town of Crulf Stream, Florida, hereinafter called the Town in the penal sum of Three Thousand Seven Hundred Fifty dollars (S 3,750.00 ) lawful money uF the Unitcd States, for the payment of which stun will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, TNF. CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal has submitted the accompanying bid, dated 9/28/11 , for: TOWN OF GULF STREAM PLACE AU SOLLIL ENTRANCE IMPROVEMENTS NOW, THEREFORE, (a) it is a condition precedent to the submission of said bid that a certified check, cashiers check or hid bond in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter into a written contract with the Town, (b) If the Principal shall not withdraw said bond for (60) days after the date of the deadline for submitting bids, and shall within ten (10) days after the prescribed forms are presented to him for si6mature, enter into a written contract with the Town in accordance with the bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation shall be void and of no effect, otherwise the sum herein stated shall he due and payable to the Town and the surety herein ugrees to pay said sutra immediately upon demand of the Town in good and lawful money of the United States of America as liquidated damages for failure thereof of said principal. . 1589 - 8!9/2011 BP -13 ............ ................................................................................................................... I.............................................................. SEP -23-2011 68:09 FROM:faNZCO 5618077224 70:19547318438 P.3/4 IN WITNESS WHEREOF, the above -bounded parties executed this instrument under their several seals. this 27th day of September2011 . the name and corporate seal of each corporate parry being hereto affixed and these presents duly signed by it% undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If C.nrporation, Secretary Only will attest and affix sea]) PRINCIPAL John President - Anzco, Inc. 4Zd;�;t1thorized Officer (Affix Sea]) WSSES: I: % �/ 'title 9671 Carousel Circle South Business Address Boca Raton, FL City State Jonathan Frederick Rennes - Western Surety Company Attorney -in -Fact (Affix Seal) 4752 West Commercial Blvd. Business Address Ft. Lauderdale FL City State W.F. Roemer Insurance Agency Name of Local Insurance Agency 1589.8/9n0 11 BP -14 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71174037 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint JONATHAN FREDERICK RFMF'S cucrtn�•m-asc, mm mu power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Anzco, Inc. Obligee: Town of Gulf Stream Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-infect may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant 9ecratary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the nary of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such after and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 28 2011 , but until such time shall be irrevmable and in full force and effect. ' In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its co% 4ii4J8tIp j}to be affixed this 28th dayof September 2011 WEST R SUREU COMPANY Paul T. BruJ14� aVbaraor Vice President STI &Q -A SAV } ss COUN',i' /1 On this 28th day of September ,in the year 2011 ,before me, a notary public, personally appeared Paul T. Brufiat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. ± ORYPURL IC rA: 1QA U Hy PU Sy IOUTH DAKOTA (y ii ta otary Public -South Dako My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full fame and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof I have hereunto set my hand and seal of Western Surety Company this 28th Se2tembei 2011 day of Foan F5008-42000 WEST R SURECOMPANY Paul T. BruflaVSeriior Vice President Florida ACKNOWLEDGMENT OF SURETY COUNTYSTATE OF Broward ss F (Attorney -in -Fact) Bond No. 71174047 COUNTY On this ? day of , A.)i 1 ,before me, a notary public in and for said County, personally appeared JONATHAN FRRDFRTQK RFMES to me personally known and being by me duly sworn, did say, that he 1s the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said JONATHAN FREDERICK REMES acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Fort Lauderdale Florida .,the day and year last ahmra wr;rco„ My commission expires J, HAISLEY Fon„ 1064-2000 Notary Public, State of Florida My comm. exp. Aug. 6, 2013 Comm. No. DD 903135 INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: ANzco ZNC. 907/ C 4,0u5A- Cltic.9 3vun-1 Fes. 33434- (2) CONTRACTOR'S telephone number: 5W -(a44 - 34,o2- (3) Number of years as a CONTRACTOR in this type of work: 4 12 (4) Names and titles of all officers of CONTRACTOR'S firm: .bFlc1 ??. 2A& 'fcJz5/0,ea7- C<7Csc c.. 24.A- Vicom -/��Es io�r- S (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: i.+r4zrr" 6j,eri CNA -�6n a&Ucow' W F IZxxk4 &- 4752 Coo r1 kcArA&- 1 J9 . F✓r. L -4i6 Et 04cd FL. .3330f Joh1 'lir-N&J Cl54 -331,- 0188 1 (6) Principal Equipment. Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR 1589 - 8/9/2011 BP -15 7 propose to famish and utilize if the awarded a CONTRACT for the work specified 1 herein and shown on the Plans. It is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever j CONTRACTOR wishes to substitute materials or subcontractors he shall request j permission in writing from the City stating fiilly the reason for making such a request prior to ordering same. All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. 1 Equipment: Manufacturer 1 Subcontractor's Information: The undersigned bidder hereby designates, as follows, all major subcontractors whom he proposes to utilize for the major areas of work for the project. The bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the Town with a certificate of insurance in accordance with the Contract General Conditions. Failure to furnish this information shall be grounds for rejection of the bidder's proposal. Subcontractor Name and Address Area of Specialty I.A-(Sur,y� uwosr���.faa,r L+4uosc ao4 4 zz�n. 146 421 43 7%440 No&r/l LO(A L4iyrc44S 1q-- . 3 3a?o 15W-716-- l i6- 2. J PZX+ P Fb $ CW -5 940r -A =W Clirl,U 123'75- LreO 'aL40A LucIs-� a.. 34g6l 1 sal- 2(�2-535 1589 - 8/9/2011 BP -16 License No. U-13444 J 7 Subcontractor Name and Address Area of Snecialtt License No. 1589 - 8/9/2011 BP -17 \\ 4p §\k()k))\\\§\\k§\ $&[&§\:&&:§&§;tt&� ¥ ! f ! »\- ) !j§k -& �a-e0 ■f0 12M ! a. 0 ma %|%©=■$i®®■!£�f#,! )--r;lglErrl2a;;=| !u)l=a__C)CIT omlB MR, I J 1 QUESTIONNAIRE The following provides the minimum qualifications required of the Bidder. The undersigned guarantees the truth and accuracy of all statements and answers herein contained. Additional sheets should be attached where necessary to provide complete information. 1 1. The Bidder shall have suitable history in the construction of similar improvement projects. Installations shall be in Florida within the last 10 years and shall be of similar size and scope. Provide project name, contact name, addresses and telephone numbers, for at least three (3) similar projects. 2. CAH -D . AK AN I I aLIL 4W-1 OC.ean1 bu1p . 0 1 acAun Zt�, r -C - 33987 TCLy'bQA::J F atin/a. 456,1-z33 -oho AxtCC-Z-RaC.Ca( Swn.x./ /'h►-ys 944k /s/ 4.4zsreiu Lzw& Pe4c r?QL-Y Dc -9-d, fc . 33aii OL..ue.L W -Y 3A:41 Cdzu rJA"Al. A SG/ -790 - Sion e ;eoym?ay Bcaed Cel Coed 45paq5 F>,-- -ry 4181 Nw 121 LtvL 336G,y 6W.UX4 C0gA� +aby An -i- gesvlrt- -qS4-344-/10/ 4)4(MC1, pc` Bidder shall demonstrate reliability in completing construction projects. List any project that you failed to complete work awarded to you and why the project was not completed. NON a 3. Bidder shall not be involved in any litigation action as a result of Bidder's negligence or inability to perform project requirements. List all litigation actions which have involved your company in the last 5 years. NOK � 1589 - 8/9/201 1 BP -18 #J 7 State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be famished). Av Zm Correct Name of Bidder a) The business is a (Sole Proprietorship)(Partnership) (Corporation) b) 1 c) 1 1 1 1 T The address of principal place of business is 907/ CAS C/tU.t- 5w77-/ The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: Signature of Bidder Byy cblaJ 6. Z41( Name Business Address q(a'I/ CA,cooStw— CilGLd %-nd 'N' -A / I -L- 3343& Incorporated under the laws of the State of 1•Lb(u M 1589 - 8/9/2011 I J I 7 7 Lj 11 11 Companv Poli Anzco Inc. 9671 Carousel Circle South Boca Raton, Fl. 33434 Office: 561-488-0822 Fax 561-807.7224 Mobil: 561.699-3602 Email: jzak@anzcoinccom CGC1518065 Drug -Free Workplace Policy Purpose and Goal Anzco Inc. is committed to protecting the safety, health and well being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have established a drug-free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug-free environment. This organization encourages employees to voluntarily seek help with drug and alcohol problems. Covered Workers Any individual who conducts business for the organization, is applying for a position or is conducting business on the organization's property is covered by our drug-free workplace policy. Our policy includes, but is not limited to CEO, executive management, managers, supervisors, full-time employees, part-time employees and contractors. Applicability Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the organization. Therefore, this policy applies during all working hours. Prohibited Behavior It is a violation of our drug-free workplace policy to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs or intoxicants. Notification of Convictions Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. Searches j Entering the organization's property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he or she may be asked to LCompany Policy submit to a search or inspection at any time. Searches can be conducted of vehicles and ll- equipment. D Drug Testing To ensure the accuracy and fairness of our testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. All drug -testing information will be maintained in separate confidential records. Each employee, as a condition of employment, will be required to participate in pre-employment, Cpost -accident and reasonable suspicion testing upon selection or request of management. The substances that will be tested for are: Amphetamines, Cannabinoids (THC), Cocaine, Opiates, Phencyclidine (PCP), Barbiturates, Benzodiazepines, Methaqualone, Methadone and Propoxyphene. Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine and blood. Any employee who tests positive will be immediately removed from duty and referred to a " substance abuse professional for assessment and recommendations. An employee will be subject to the same consequences of a positive test if he/she refuses the screening or the test. F Consequences One of the goals of our drug-free workplace program is to encourage employees to voluntarily seek help with alcohol and/or drug problems. If, however, an individual violates the policy, the consequences are serious. In the case of applicants, if he or she violates the drug-free workplace policy, the offer of employment can be withdrawn. The applicant may reapply after six months and must successfully pass a pre-employment drug test. If an employee violates the policy, he or she will be terminated from employment. Assistance Anzco Inc. recognizes that alcohol and drug abuse and addiction are treatable illnesses. We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug-free workplace policy: • Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. Company Policy � Treatment for alcoholism and/or other drug use disorders may be covered by the employee 'U benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. Confidentiality All information received by the organization through the drug-free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. J Shared Responsibility A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. j All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs. In addition, employees are encouraged to: • Be concerned about working in a safe environment. • Support fellow workers in seeking help. • Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: • Inform employees of the drug-free workplace policy. • Observe employee performance. • Investigate reports of dangerous practices. • Document negative changes and problems in performance. • Counsel employees as to expected performance improvement. • Clearly state consequences of policy violations. Communication Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware of their role in supporting our drug-free workplace program: • The policy will be reviewed in orientation sessions with new employees. • The policy and assistance programs will be reviewed at safety meetings. 06/23/2010 John B. Zak, President DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION y _ CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 ZAK, JOHN BRUNO ANZCO INC 9671 CAROUSEL CIRCLE SOUTH BOCA RATON FL 33434 r, Congratulations] With this license you become one of the nearly one million j Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. C Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myforidalleense.com. There you can find more Information about our divisions and the regulations that impact you, subscribe to department newsletters and loam more about the Departments initiatives. Our mission at the Department Is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! I^ AGREEMENT 7 THIS AGREEMENT, made and entered in this day of Oc row 'Cr in the year Two Thousand Eleven, by and between _ hereinafter rallPrl rh.. CONTRACTOR, and the Town of Gulf Stream, Florida, hereinafter called the OWNER. 4 V OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK: CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: TOWN OF GULF STREAM 1 PLACE AU SOLEIL ENTRANCE EMPROVEMENTS 1 ARTICLE 2. PROJECT COORDINATOR: The Project is being coordinated by: Mr. William Thrasher Town Manager 100 Sea Road Gulf Stream, FL 33483 561-276-5116 ARTICLE 3. CONTRACT TIME: 3.1 The Work will reach Substantial Completion within 50 calendar days from the date when the Contract Time commence to run. The Work will reach Final Completion in accordance with Articlel4. of the General Conditions within 10 calendar days from the date when the Contract Time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize that the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual losses or damages suffered by OWNER if the Work is not completed on time would be unduly burdensome and inherently unfair to OWNER. Accordingly, rather than requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each calendar day or partial calendar day after the time specified in Paragraph 3.1 or any proper extension thereof for completion and readiness for final payment. 1589 - 8/9/2011 AG- I LI PARTICLE 4. CONTRACT PRICE: rt 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance uwith the Contract Documents in current funds as follows: (The Bid Proposal of the Successful Bidder has been reproduced and is inserted herein on the next following pages and is an integral part of these Contract Documents, numbered as pages BP -1 through BP -18). 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 Town's representative as provided in the General Conditions. 5.1 Progress Payment. OWNER shall make progress payments on account of the 1 Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by Town's representative, on or about the 25th day of each month during construction as provided below. All 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 (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Final Completion, progress payments will be made in an amount equal to Jthe percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Town's representative shall determine, or OWNER may withhold, in accordance with Paragraph 14.07 of the General Conditions. I 90% of Work Completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to the OWNER as provided in Paragraph 14.02 of the General Conditions). 1 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the 1 Contract Price as recommended by Town's representative as provided in said Paragraph 14.07. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS: In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 7) and the other related data identified in the Bidding Documents including "technical data". 1599 - 8/9/2011 AG -2 P I E I I� IJ J 1 6.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 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. 6.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph SC -2:3. of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and Town's representative do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied, (or assumes responsibility for having done so) all such supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost. progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other temps and conditions of the Contract Documents. 6.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 CONTRACTOR has correlated the information known to CONTRACTOR, jinformation 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. 6.7 CONTRACTOR has given Town's representative written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by Town's representative 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. 1589 - 8/9/2011 AG -3 1 1 T 5 ARTICLE. 7 CONTRACT DOCUMENTS: The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 Advertisement for Bids (Page AFB -1). 7.2 Instructions to Bidders (Pages ITB -1 to ITB -12, inclusive). 7.3 This Agreement (Pages AG -1 to AG -7, inclusive) which includes Bid Proposal Form (Pages BP -1 to BP -19, inclusive). 7.4 Performance Bond (Pages PRB-1 to PRB-2, inclusive). 7.5 Public Construction Bond (Pages PCB -1 to PCB -2, inclusive). 7.6 Warranty of Title (Page WOT-1). 7.7 Final Release of Lien (Page FRL-1). 7.8 Acknowledgement of Inspector General. 7.9 General Conditions (Pages 00700-1 to 00700-40, inclusive). 7.10 Supplementary Conditions (Pages SC -1 to SC -6, inclusive). 7.11 Technical Specifications as listed in the Table of Contents thereof. 7.12 Drawings, consisting of 11 sheets, with each sheet bearing the following general title: TOWN OF GULF STREAM PLACE AU SOLEI. ENTRANCE IMPROVEMENTS 7.13 Addenda numbers J— to 1 inclusive. 7.14 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.5 and 3.6 of the General Conditions. 7.15 There are not Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.5 and 3.6 of the General Conditions. OWNER and CONTRACTOR further agree that the drawings as identified in Paragraph 7.13 above comprise an integral and equal component of this Agreement and that due to the physical nature of such Drawings that actual attachment hereto is impractical. 1589 - 8/9/2011 AG -4 ��I A R T I C L E . 8 R E I M B U R S E M E N T O F C O N S U L T A N T E X P E N S E S : 8 . 1 S h o u l d t h e c o m p l e t i o n o f t h i s C o n t r a c t b e d e l a y e d b e y o n d t h e s p e c i f i e d o r a d j u s t e d t i m e l i m i t , C o n t r a c t o r s h a l l r e i m b u r s e t h e T o w n f o r a l l e x p e n s e s o f C o n s u l t i n g a n d i n s p e c t i o n i n c u r r e d b y t h e T o w n d u r i n g t h e p e r i o d b e t w e e n s a i d s p e c i f i e d o r a d j u s t e d t i m e a n d t h e a c t u a l d a t e o f f i n a l c o m p l e t i o n . A l l s u c h e x p e n s e s f o r C o n s u l t i n g a n d i n s p e c t i o n i n c u r r e d b y t h e T o w n w i l l b e c h a r g e d t o t h e C o n t r a c t o r a n d b e d e d u c t e d f r o m p a y m e n t s d u e C o n t r a c t o r a s p r o v i d e d b y t h i s C o n t r a c t . S a i d e x p e n s e s s h a l l b e f u r t h e r d e f i n e d a s C o n s u l t a n t c h a r g e s a s s o c i a t e d w i t h t h e c o n s t r u c t i o n c o n t r a c t a d m i n i s t r a t i o n , i n c l u d i n g r e s i d e n t p r o j e c t r e p r e s e n t a t i v e c o s t s . ��I A R T I C L E . 9 S H O P D R A W I N G S A N D S U B M I T T A L S : 9 . 1 W i t h i n t w e n t y - o n e ( 2 1 ) w o r k i n g d a y s a f t e r c o n t r a c t c o m m e n c e m e n t , C o n t r a c t o r . �� s h a l l s u b m i t t o T o w n r e p r e s e n t a t i v e f o r r e v i e w a n d a p p r o v a l e i g h t ( 8 ) c o p i e s o f a l l s h o p i d r a w i n g s f o r a l l e q u i p m e n t , a p p a r a t u s , m a c h i n e r y , f i x t u r e s , p i p i n g , w i r i n g , f a b r i c a t e d s t r u c t u r e s a n d m a n u f a c t u r e d a r t i c l e s . T h e p u r p o s e o f t h e s h o p d r a w i n g i s t o s h o w t h e s u i t a b i l i t y , e f f i c i e n c y , t e c h n i q u e o f m a n u f a c t u r e , i n s t a l l a t i o n r e q u i r e m e n t s , d e t a i l s o f t h e i t e m a n d e v i d e n c e o f c o m p l i a n c e w i t h t h e C o n t r a c t D o c u m e n t s . T h e d a t a s h o w n o n t h e s h o p d r a w i n g s w i l l b e c o m p l e t e w i t h r e s p e c t t o q u a n t i f i e s , d i m e n s i o n s , s p e c i f i e d p e r f o r m a n c e a n d d e s i g n c r i t e r i a , m a t e r i a l s a n d s i m i l a r d a t a t o e n a b l e T o w n r e p r e s e n t a t i v e t o r e v i e w t h e i n f o r m a t i o n a s r e q u i r e d . T h e s h o p d r a w i n g s s h a l l i n c l u d e c o m p l e t e i n s t a l l a t i o n i n s t r u c t i o n s f o r e a c h e q u i p m e n t a n d / o r i t e m f u r n i s h e d u n d e r t h i s C o n t r a c t . 9 . 2 C o n t r a c t o r s h a l l a l s o s u b m i t t o T o w n r e p r e s e n t a t i v e f o r r e v i e w a n d a p p r o v a l w i t h s u c h p r o m p t n e s s a s t o c a u s e n o d e l a y i n W o r k , a l l s a m p l e s r e q u i r e d b y t h e C o n t r a c t D o c u m e n t s a n d s h a l l b e i d e n t i f i e d c l e a r l y a s t o m a t e r i a l , s u p p l i e r , p e r t i n e n t d a t a s u c h a s c a t a l o g n u m b e r s a n d I t h e u s e f o r w h i c h i n t e n d e d . 9 . 3 B e f o r e s u b m i s s i o n o f e a c h S h o p D r a w i n g o r s a m p l e , C o n t r a c t o r s h a l l h a v e J d e t e r m i n e d a n d v e r i f i e d a l l q u a n t i t i e s , d i m e n s i o n s , s p e c i f i e d p e r f o r m a n c e c r i t e r i a , i n s t a l l a t i o n r e q u i r e m e n t s , m a t e r i a l s , c a t a l o g n u m b e r s a n d s i m i l a r d a t a w i t h r e s p e c t t h e r e t o a n d r e v i e w e d o r c o o r d i n a t e d e a c h S h o p D r a w i n g o r s a m p l e w i t h o t h e r S h o p D r a w i n g s a n d s a m p l e s a n d w i t h t h e r e q u i r e m e n t s o f t h e W o r k a n d t h e C o n t r a c t D o c u m e n t s . 1 9 . 4 A t t h e t i m e o f e a c h s u b m i s s i o n , C o n t r a c t o r s h a l l g i v e T o w n r e p r e s e n t a t i v e s p e c i f i c w r i t t e n n o t i c e o f e a c h v a r i a t i o n t h a t t h e S h o p D r a w i n g s o r s a m p l e s m a y h a v e f r o m t h e r e q u i r e m e n t s o f t h e C o n t r a c t D o c u m e n t s , a n d , i n a d d i t i o n , s h a l l c a u s e a s p e c i f i c n o t a t i o n t o b e m a d e o n e a c h S h o p D r a w i n g s u b m i t t e d t o / e n g i n e e r f o r r e v i e w a n d a p p r o v a l o f e a c h s u c h v a r i a t i o n . F a i l u r e t o p o i n t o u t s u c h d e p a r t u r e s s h a l l n o t r e l i e v e C o n t r a c t o r f r o m h i s r e s p o n s i b i l i t y t o c o m p l y w i t h t h e C o n t r a c t D o c u m e n t s . 9 . 5 A t l e a s t 3 0 c a l e n d a r d a y s p r i o r t o f i n a l c o m p l e t i o n , t h e C o n t r a c t o r s h a l l s u b m i t t o t h e T o w n r e p r e s e n t a t i v e f o r r e v i e w a n d a p p r o v a l t w o ( 2 ) p r e l i m i n a r y a n d f o u r ( 4 ) f i n a l c o p i e s o f O p e r a t i o n a n d M a i n t e n a n c e m a n u a l s f o r a l l e q u i p m e n t p r o v i d e d u n d e r t h i s C o n t r a c t . 1 5 8 9 - 8 / 9 / 2 0 1 1 A G - 5 U IJ ISI I I 1 ARTICLE. 10 MISCELLANEOUS: 10.1 Terms used in this Agreement which are defined in Article 1. of the General Conditions will have the meanings indicated in the General Conditions. 10.2 No assignment by 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 he 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. 10.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 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 dose as possible to expressing the intention of the stricken provision. 1589 - 6/8/2011 AG - 6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Four (4) parts. Two counterparts have been delivered to OWNER, and one counterpart each have been delivered to CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 0 cT 11 20_. OWNER Town of Gulf Stream CONT R Aizco 9uG. C��.1cukJ 3 . 2h, BY BY .e%,+0 a 241 William H. Thrasher, Town Manager (Print Name) (CORPORATE SEAL) Attest C D� Rita L. Taylor, Town Ulerk Address for giving notices 100 Sea Road Gulf Stream. FL 3 8 Reviewed ohn C. Randol , Esq. Town Attorney (CORPORATE SEAL) Attest Address for giving notices Qv7/ C46ousce—Gcc-& ,n/ License No. Cl-#c./5/B6 „r1 Agent for service of process: END OF SECTION 1589 - 8/9/2011 AG - 7 OCT -10-2011 14:56 FROM:RNZCO S61eO77224 TO:19547318438 P.1,2 Western Surety Company Bond # 71177731 PERFORMANCE BOND FROJECTNAME. Town of Gulf Stream Plum Au Soleil Entrance Improvements KNOW ALL MEN BY THESE PRESENTS, THAT Anzco, Inc. as Contractor, and Western Surety Company as Surety, are held and firmly bound unto the Town of Gulf Stream, Florida a municipality incorporated in the Stale of Florida hereinafter called Owner, in the sum of S 58,769.00 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administratnrs, successors, and assigns, jointly and severally, firmly by these presents. WIIEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner dated October 14 ,20 11 to perform all work required under the laid Form of the Owner's specifications entitled TOWN OF C:TILF STREAM PLACE AU SOLEIL ENTRANCEIMPROVEMENTS, NOW, THEREFORE, if said Contractor shall perform all the requirements of said Contract required to he performed on his part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms or said Contract, shall not In any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extension of the Contract is hereby waived by said Surety. The Performance Bond inenrprinnes by reference all or the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquldated damages, the Contractors and Surety's acknowledgment of all provisions referring to or related to "no damages for delay" as well as all warranty and guarantee provisions. The entire contract documents are incorporated herein by reference and made a part thereof. 1589 - 819/2011 pRp-1 ............................... I................. . ................................... . . OCT -10-2011 14:56 FROM:ANzCo z ............... 561807722q TO: 19547318,;3E) P.2� Western Surety Company Bond # 71177731 SIGNED THIS 14th day of October , 2011 (ACKNOWLEDGMENT OF SURETY/same date as the Agreement) Anzco, Inc. (seal) (Cnntractor President COUNTERSIGNED RESIDENT (Si AGENT IN FLORIDA: Jonathan F. Remes Agent �" By; [�1fiV Signat Jonathan F. Remes - Western Surety Companrscal) 1589 - 6/8/2011 PRB-2 ���gaBETyco 3 i s "M OAK�p OCT -10-2911 14:57 FROM:ANZCO 5618077224 PUBLIC CONSTRUCTION BOND T0:19s47318438 PA,2 Western Surety Company Bond # 71177731 PROJECT NAME: Town of Gulf Stream Place Au Solcil Entrunce Improvements This Bard is issued simultaneously with a Performance Bond in favor of the Owner conditioned on the full and faithful performnttee of the Contract KNOW ALL MEN BY THESE PRESENTS: that Anzco, Inc. 9671 Carousel Circle South Boca Raton, FL 333434 As Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) Western Surety Company P.O. Box 5077 Sioux Falls, SD 57117-5077 as Surety, hereinafter called Surety, are held and firmly bound unto The Town of Gulf Stream 100 Sea Road nulf Stream, FL 33483 as Obligec, herein called Owncr, for the use and benefit of claimant as herein below defined, in the amount of S58,769.00 whereof Principal and Surcty bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated October 14 2011 entered into a contract with the Owner for Town of Gulf Stream Place Au Soleil Entrance Improvements in accordance with Drawings and Specifications prepared by Urban Design South which contract is by reference made a part hereof in its entirety and is hercinaftcr referred to as the Contract. 1589- 8/912011 PCB -1 ................................ ............... OCT- 19-2911 14:57 FRO M:RNZCp 5 . 6 . 189 . . . . 7722q 4 ...................... . Tp . .. : 19 . ................. 2 547318438 P.2 2 Western Surety Company Bond # 71177731 THE CONDITION OF THIS BOND is that if Principle, 1. Performs the contract dated October 14 20 11 between Principal and Owner for Purchase and completion of the contract being made part of this bond by reference, at the times and in the manner prescribed in the contract, and 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1)(a), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and J. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract and 4. Performs the guarantee of all work materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force, 5. Any changes In or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of file payment by Surety of construction liens which may be filed of record against said improvement, whether nr not claim for the amount of such lien be presented under and against the bond. 7. Principal and Surety expressly acknowledge that any and all provisions relating to consequential, delay and liquiduted damages contained in the contract are expressly covered by and made a part of this Public Construction Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Instrument, 8. Section 255.05, Florida Statutes, as amended, together will all notice and time provisions contained therein, is inenrpnrated herein, by reference, in its entirety, This instrument rcpardless of its form, shall be construed and deemed a statutory bond issued in accordance with sectinn 255.05, Flnrlda Statute. 9. Any action brought under this instrument shall be brought in the court of competent jurisdiction in the County In which the project or any part thereof, is situated (Le. Palm Beault County, and not elsewhere. J WITNESS AL (scat) Presid ,nt - Anzco, c. itle WITNESS RETY (sc onathan F. Reme -Western surety Company (Attorney -in -Fact) 1589- 6/8/20)1 PCB -2 Florida ACKNOWLEDGMENT OF SURETY STATE OF (Attorney-in-Fact) Bond No. _ 71177733 COUNTY OF ''// Broward ss On this /Zi- day of CK RFM ,4before me, a Watery public in and for said County, personally appeared TONATHAN FRFDFRTY` to me personally known and being by me duly sworn, did say, that he is the Attorney-inof WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said JONATHAN FREDERICK REMEcl acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Fort Lauderdale Florida ,the day and year last above written. My commission expires Form 106-4-2000 kVERLY J. HAISLEY Notary Public, State of Florida MY comm. exp. Aug. 6, 2013 Comm. No. DD 903135 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No, 71177731 Know All Men By These Presents, that WESTERN SURETY COMPANY a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint JONATHAN FREDERTrV DEMES wtrn nut power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Anzco, Inc. Obligee: Town of Gulf Stream Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorneys) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. 'Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President' Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 1 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its �%WWM.)pA to be affixed this 11th day of October 2011 WEST R SURE Y COMPANY Paul T. Bruflai#fSeniar Vice President COUIJF ✓;Qk[1EfiPA I n �* ss `$} r. Idi•IAIIA On this 11th day of _ October in the year 20t1 ,before me, a not Paul T. Brufiat, who being to me duly sworn, acknowledged that he signedme Public, personally appeared WESTERN SURETY COMPANY and acknowledged said instrument to be evoluntary Power ea Attorney the aforesaid officer of \\\\\\\\\\\\\\\\\\ ♦ act and deed of said corporation. {• D. KRELL ; Ih BOGHY PUBLIC � SOUIH OANOTA Notary Public - South Dakota My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full farce and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimon whereof, I have hereunto set my hand and seal of Western SuretyCompany this 11th October 2011 p y day of WEST R SURE COMPANY Form F5308-9.2088 Paul T. BruflaVSemar Vice President L 0 PERFORMANCE BOND aPROJECT NAME: Town of Gulf Stream Place Au Soleil Entrance Improvements KNOW ALL MEN BY THESE PRESENTS, a THAT as Contractor, and as Surety, are held and firmly bound unto the Town of Gulf Stream, Florida a municipality incorporated in the State of Florida hereinafter called Owner, in the sum of $ , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner dated 20 to perform all work required under the Bid Form of jj the Owner's specifications entitled TOWN OF GULF STREAM PLACE AU SOLEIL �j ENTRANCE IMPROVEMENTS. jj NOW, THEREFORE, if said Contractor shall perform all the requirements of said Contract �f required to be performed on his part, at the times and in the manner specified therein, then this n obligation shall be null and void, otherwise it shall remain in full force and effect. 1 PROVIDED, that any alterations in the work to be done or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extension of the Contract is hereby waived by said Surety. The Performance Bond incorporates by reference all of the terms and conditions of the Contract Documents, including but not limited to the Contractor and Surety's obligation for liquidated damages, the Contractor's and Surety's acknowledgment of all provisions referring to or related to "no damages for delay" as well as all warranty and guarantee provisions. The entire contract documents are incorporated herein by reference and made a part thereof. 1 1599 - 8/9/2011 PRB-1 �% J I 1 S I G N E D T H I S d a y o f ( A C K N O W L E D G M E N T O F S U R E T Y / s a m e d a t e a s t h e A g r e e m e n t ) ( C o n t r a c t o r N a m e ) C O U N T E R S I G N E D R E S I D E N T ( S i g n a t u r e ) A G E N T I N F L O R I D A : A g e n t ( s e a l ) S u r e t y B y : B y : J S i g n a t u r e S i g n a t u r e 1 5 8 9 - 6 / 8 / 2 0 1 1 p R B - 2 F G LI V I ',J G Li I '11 PUBLIC CONSTRUCTION BOND PROJECT NAME: Town of Gulf Stream Place An Soleil Entrance Improvements This Bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned on the full and faithful performance of the Contract KNOW ALL MEN BY THESE PRESENTS: that As Principal, hereinafter called Principal, and, (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto The Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 as Obligee, herein called Owner, for the use and benefit of claimant as herein below defined, in the amount of $ whereof Principal and Surety bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. FWHEREAS, J Principal has by written agreement dated , 2011 entered into a contract with the Owner for Town of Gulf Stream Place An Soleil Entrance Improvements in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof in its entirety and is hereinafter referred to as the Contract. 1589- 8/9/2011 1 J PCB -1 n n . TBE CONDITION OF THIS BOND is that if Principle: Q1. Performs the contract dated 20 between Principal and Owner for Purchase and completion of the contract being made part of this bond by reference, at the times and in the manner prescribed in the contract; and Ll 2. Promptly makes payments to all claimants, as defined in Section 255.05 (1)(a), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and J 3. Pays Owner all losses, damages, expenses, costs, and attorneys' fees, including appellate 7 proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work materials furnished under the contract for the time specified in .� the contract, then this bond is void; otherwise it remains in full force. I 5. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of construction liens which may be filed of J record against said improvement, whether or not claim for the amount of such lien be presented under and against the bond. 7 7. Principal and Surety expressly acknowledge that any and all provisions relating to consequential, delay and liquidated damages contained in the contract are expressly covered by and made a part of this Public Construction Bond. Principal and Surety acknowledge that any such provisions lie within their 1 obligations and within the policy coverages and limitations of this instrument. 8. Section 255.05, Florida Statutes, as amended, together will all notice and time provisions contained therein, is incorporated herein, by reference, in its entirety. This instrument regardless of its form, shall be construed and deemed a statutory bond issued in accordance with section 255.05, Florida Statute. 9. Any action brought under this instrument shall be brought in the court of competent jurisdiction in the County in which the project or any part thereof, is situated (i.e. Palm Beach County, and not elsewhere. WITNESS WITNESS 1589- 6/8/2011 PCB -2 PRINCIPAL (seal) Title SURETY (seal) Q QSTATE OF FLORIDA COUNTY OF U I] 11 He is WARRANTY OF TITLE being first duly sworn, deposes and says as follows: (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the _ day of , 20 _ , between said corporation as the CONTRACTOR and the Town of Gulf Stream, Florida, as the OWNER, for the construction of Town of Gulf Stream Place Au Soleil Entrance Improvements, and Affiant is authorized to make this Affidavit as, or in behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment, dated , 20 _ passes to the Owner at the time of payment. All -1 laborers, materialman and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate of Payment. Sworn to and subscribed before me this day of ,20_. Notary Public, State of Florida at Large My Commission expires: (SEAL) 1589 - 6/8/2011 END OF SECTION WOT- I Affiant Li Q Q STATE OF _ COUNTY OF LTJ I 1. That he is FINAL RELEASE OF LIEN being first duly sworn deposes and says as follows: ,a (Name of Corporation) Corporation which is named in the Public Construction Bond dated the day of , 20 _ between said corporation as the CONTRACTOR and the Town of Gulf Stream, Florida, as the OWNER, for the Town of Gulf Stream Place Au Soleil Entrance Improvements Said Affiant is duly authorized to make this Affidavit as, or on behalf of said Contractor as hereinabove indicated and does hereby give statement under oath. jj 2. That the work called for the above and foregoing Contract has been completed and that �j all creditors contracting directly with or directly employed contractors, materialmen and suppliers, and all other creditors performing or furnishing any work, labor or materials upon said Contract work have been fully paid, and that there are no unpaid creditors in connection therewith. Affiant 7, By Sworn and subscribed before me this day of 20_. Notary Public County of State of My Commission expires 1 J (SEAL) J END OF SECTION 1589 - 6/8/11 FRL - I ACKNOWLEDGEMENT OF INSPECTOR GENERAL The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract, and in furtherance thereof may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Au2co CONTRACTOR NAME By Tit e: ?t&5404:+7— Date: 6&s40.:+T' Date: /C/j?=/I/ G 0 I I I 0 I I This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By n A National Society American Society �f 1"1C E ln � Professional Engineers neePs of Civil Engineers PmhufonalftinearsInPrivate Practke JISCEg GPROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division ofthe Ell NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES 1 AMERICAN SOCIETY OF CML ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America ammeagelor Creating Sustaining th. Ike BuAt Environment Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-0 C F C I I I C F E E L P C f Copyright 02002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY............................................................................................................. 6 1.01 Defined Terms.......................................................................................................................................................... 6 1.02 Terminology.............................................................................................................................................................8 ARTICLE 2 - PRELIMINARY MATTERS............................................................................................................................... 9 2.01 Delivery of Bonds and Evidence oflnsurance......................................................................................................... 9 2.02 Copies of Documents ...............................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work..................................................................................................................................................... 9 2.05 Before Starting Construction...................................................................................................................................9 2.06 Preconstruction Conference ....................................................................................................................................9 2.07 Initial Acceptance of Schedules ...............................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE...................................................................... 10 3.01 Intent......................................................................................................................................................................10 3.02 Reference Standards..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contract Documents.............................................................................................11 3.05 Reuse of Documents...............................................................................................................................................1 l 3.06 Electronic Data...................................................................................................................................................... i I ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11 4.01 Availability of Lands ..............................................................................................................................................1 l 4.02 Subsurface and Physical Conditions.....................................................................................................................12 4.03 Differing Subsurface orPhysical Conditions ........................................................................................................12 4.04 Underground Facilities.........................................................................................................................................13 4.05 Reference Points..........................................................................................................................................:.........13 4.06 Hazardous Environmental Condition at Site.........................................................................................................13 ARTICLE 5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance, Payment, and Other Bonds.............................................................................................................14 5.02 Licensed Sureties and Insurers..............................................................................................................................15 5.03 Certificates oflnsurance........................................................................................................................................15 5.04 Contractor's Liability Insurance...........................................................................................................................15 5.05 Owner's Liability Insurance..................................................................................................................................16 5.06 Property Insurance................................................................................................................................................16 5.07 Waiver of Rights ....................................................................................................................................................17 5.08 Receipt and ApplicationoflnsuranceProceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................18 6.01 Supervision and Superintendence.......................................................................................................................... 18 6.02 Labor, Working Hours.......................................................................................................................................... 18 6.03 Services, Materials, and Equipment......................................................................................................................18 6.04 Progress Schedule.................................................................................................................................................18 6.05 Substitutes and "Or-Equals".................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others..............................................................................................20 6.07 Patent Fees and Royalties.....................................................................................................................................21 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 Permits................................................................................................................................................................... 21 Lawsand Regulations............................................................................................................................................21 Taxes...................................................................................................................................................................... 22 Use of Site and Other Areas ..................................... Record Documents .................................................... Safety and Protection ................................................ Safety Representative................................................ Hazard Communication Programs ........................... ................................................................. 23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 0 E P E ISI I Q I I] II 0 LTJ I I I I I P I 6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and Samples.................................................................................................................................23 6.18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Guarantee...................................................................................................24 6.20 Indemnification...................................................................................................................................................... 24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE 7 - OTHER WORK AT THE SITE.........................................................................................................................25 7.01 Related Work at Site..............................................................................................................................................25 7.02 Coordination..........................................................................................................................................................26 7.03 Legal Relationships ...............................................................................................................................................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES......................................................................................................................26 8.01 Communications to Contractor.............................................................................................................................26 8.02 Replacement of Engineer.......................................................................................................................................26 8.03 Furnish Data..........................................................................................................................................................26 8.04 Pay When Due.......................................................................................................................................................26 8.05 Lands and Easements: Reports and Tests..............................................................................................................26 8.06 Insurance............................................................................................................................................................... 26 8.07 Change Orders......................................................................................................................................................26 8.08 Inspections, Tests, andApprovals..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities...............................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition................................................................................................27 8.11 Evidence of Financial Arrangements....................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION....................................................................................27 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site...........................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Work..............................................................................................................................27 9.05 Rejecting Defective Work......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments....................................................................................................28 9.07 Determinations for Unit Price Work.....................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work...................................................28 9.09 Limitations on Engineer's Authority and Responsibilities....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders.................................................................................................................................29 10.04 Notification to Surety.............................................................................................................................................29 10.05 Claims....................................................................................................................................................................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK.................................................................30 11.01 Cost ofthe Work....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work.....................................................................................................................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price......................................................................................................................................32 12.02 Change of Contract Times.....................................................................................................................................33 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ......33 13.01 Notice of Defects ....................................................................................................................................................33 13.02 Access to Work.......................................................................................................................................................33 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work.....................................................................................................................................34 13.06 Correction or Removal of Defective Work.............................................................................................................34 13.07 Correction Period..................................................................................................................................................34 13.08 Acceptance of Defective Work...............................................................................................................................35 13.09 Owner May Correct Defective Work.....................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments................................................................................................................................................36 14.03 Contractor's Warranty of Title..............................................................................................................................37 14.04 Substantial Completion..........................................................................................................................................37 EJCDC C -Igo Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 I F P I C ISI I E I LTJ ISI I I C r L C 14.05 Partial Utilization..................................................................................................................................................38 14.06 Final Inspection.....................................................................................................................................................38 14.07 Final Payment........................................................................................................................................................38 14.08 Final Completion Delayed.....................................................................................................................................39 14.09 Waiver of Claims...................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION........................................................................................39 15.01 Owner May Suspend Work.................................................................................................................................... 39 15.02 Owner May Terminate for Cause..........................................................................................................................39 15.03 Owner May Terminate For Convenience..............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................41 16.01 Methods and Procedures.......................................................................................................................................41 ARTICLE 17 - MISCELLANEOUS.........................................................................................................................................41 17.01 Giving Notice.........................................................................................................................................................41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies.............................................................................................................................................41 17.04 Survival of Obligations..........................................................................................................................................41 17.05 Controlling Law.....................................................................................................................................................41 17.06 Headings........................................................................................................................41 F EJCDC C-700 Standard General Conditions of the Construction Contract ��++ Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C00700-4 n �I L� F F L. I LJ f C E I E I Li I' u J rnr L U n U I! GENERAL CONDITIONS ARTICLE 1 - DEFIMTIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents— Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.0 LA for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. r, Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 r I L1 F LJ' r E I C C I I I E u n i 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity — An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative—The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule ofSubmittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C-700 Standard General Conditions of the Construction Contract. �-, Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. i 00700-6 n L F l.J F P Lj C I G C El F F C C I E administrative requirements and procedural matters applicable thereto. 44. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier—A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract. with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work—Work to be paid for on the basis of unit prices. 51. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive—A written statement to'Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 E 1, F G E L I I I n E E, C E I I I E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be famished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to ran later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EICDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EdCDC. All rights reserved. G00700-8 G 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING, REUSE L 3.01 Intent U C C C I F_ A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of professional Engineers for EJCDC. All rights reserved. G 00700-9 I C U E L C 11 G F G b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or famishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will ^ survive final payment, or termination of the Contract. ILJ� Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. C i 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the dam's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall famish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. E 00700 - 10 F, 11 E F L I 1, L' G F F U C I 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the general accuracy of the `technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such `technical data" is identified in the Supplementary Conditions. Except for such reliance on such `technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any `technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and 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 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C-709 Standard General Conditions of the Construction Contract. F, Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700-11 F C F C C' 1 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for- a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 u I l� P C I E I F I Q P E I' 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits Mated thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall famish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJC11C C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 I E E P LJ I I E E E C E E G in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contact Documents except as provided otherwise by Laws or' Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5:02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of/nsurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2, include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National society or Professional Engineers for EJCDC. All rights reserved. 00700-14 C I 1 E I F 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple - J) mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. L C F, L F F F 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's'option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer, 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700-15 I G I I M IBJ I G U LTJ I E E I P deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be home by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, pdrtners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract EJCDC C-700 Standard General Conditions or the Construction Contract Copyright ® 2002 National Society of Proressional Engineers for EJCDC. All rights reserved. 00700-16 F 0 I F C E G E E, F I P Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.OI.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by j� using the name of a proprietary item or the name of a I particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. G1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will L be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be I 1 accomplished without compliance with some or all of the L requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed (j item of material or equipment will be considered U functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of �T construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: L1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All tights reserved. 00700-19 F F I lJ 5 I E 1 I I E Ell C c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to famish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or famishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.11 Whether or not Engineer entity, nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 P E E �I F P E F Li El i F or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents. such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 L I' LJ E L- I I 5 1 r V E, P C 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use ofSite and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Dmw- r„ ___ c-tuu 5landara General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 GIngs or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity Cdirectly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs u A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be L made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent j threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are I required as a result thereof. If Engineer determines that a L change in the Contract Documents is required because of the action taken by Contractor in response to such an j' emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples E A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. El 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b, the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c, all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract nnnomnnre eat:uc c -711u Standard General Conditions or the Construction Contract. CE, Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 C C E C G I E la•I i G El F I C 1 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner, 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or E3CDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 E P I I [1I LI I In' U F I J III P I arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval ot; or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 0(17M1- b Vproperly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter n their work with the written consent of Engineer and the u others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by n others under this Article 7, Contractor shall inspect such IL11 other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's u failure to so report will constitute an acceptance of such other work as fit and proper for integration with n Contractor's Work except for latent defects and iLJ{ deficiencies in such other work. 7.02 Coordination L A. If Owner intends to contract with others for the performance of other work on the Project at the Site, n the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have j� authority and responsibility for coordination of the u activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the n Supplementary Conditions, Owner shall have sole Lauthority and responsibility for such coordination. 7.03 Legal Relationships r IL , A. Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under LLJJ Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct a delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. r ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03, 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction ConlracL Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. i 00700-25 iJ C LTJ I I I I I I ISI I P I C F Li I I!1 n I� 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence ofFfnancial Arrangements A. If and to the extent Owner has agreed to fumish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Man - 74 I U 5 F P n L) 9.06 shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times Or' both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 1 5 I U roceed with the Work involved which will be promptly p performed under the applicable co ndContract specifically Provided)* Documents (except as otherwise spa B. If Owner and Contractor e��ble to agree nc�f any, of an on, entitlement to, or on the am adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result fa s provided in Directive, a Claim may be made therefor as p Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall noextensiotned to an increase of the Contract in the Contract Price or anwork performed that is not Times with respect to any as amended, required by the Contract Documents paragraph 3.04, modified, or supplemented as provided in asprovided except in he case of an emergency as provided in Paragraph 6.16 or in he case of uncovering Work as provided in Paragraph 13.04.B. Ll CJ `_, I C I L , 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be r decision. A decision by referred to the Engineer forecedent to any Engineer shall be required as a condition p m or remedies exercise by Owner or Contractor of any rights either may otherwise have under the Contract Documents b Laws and Regulations in respect of such Claims. 10.03 Execution of change Orders A. owner and Contractor shall execute aPPTopn- ate Change orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or ownerot ao aectieodnt bdefective iWork under Paragraph 13.09, (...) 2. changes in the Contract Price or Contract Gimes which are agreed to by the parties, including any ant of te Directive; unpdisputed erformed i sum accordance with a Work Changime for e actually and 3 changes . the Contract Price or Contract ritten Times which embody tract the substance of any .liu'Engineer pursuant to Paragraph decision rendered by 10.05; provided that, in lieu of executing any such Change order, an appeal may be taken from any such decision in accordance with the Provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry id the Schedule as provided in Work and adhere to the Progress paragraph 6.18.A. or y B. Notice: Written notice stating the general iature of each Claim, shall be delivered by the claimant to Engineer and he other party to the Contract promptly (but in no event later hart 30 days) after the start of the event giving rise thereto. The responsibility to substaClaimntiate a Claim shall rest with the Para with supporting data of the amount or extent of the Claim'to shall be delivered to he Engineer other sucparty a nt he Contract within 60 days after the start to (unless Engineer allows additional time for claimant ort of such submit additional or more anstment i Contracte data in t Price shall Claim). A Claim for an adj provisions of be prepared in accordance with he . Contract paragraph 12.O1B.� dlaim or an adjustment accordance with the Provisions Time shall be prepared in anaccompanied of paragraph 12.02.B. Each Claim shall be b claimant's written statement that the adjustment Y ustment to which the claimant claimed is the entire adj a result of said event. The believes it is entitled as response to Engineer and opposing party shall submit any P ipt . within 30 days after receof the claimant's Engineer allows additional the claimant time), last submittal (unless h 10.04 Notification to Surety general A. If notice of any change affecting the S or the provisions of the Contract scope of the Work but not limited to, Contract Price Documents (including, or Contract Timesis required by the provisions of any surety the giving of any such notice bond to be given to a sure , The airi will be Contractor's responsibility. the effect of of each .applicable bond will be adjusted to reflect the C. Engineer's Action: Engineer will review eac Claim and, within 30 days after receipt of the last or the last ttal of the submittal of the clay ant t a one of the folowiing actions Opposing party, if in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or notify the parties arties hat the Engineer is unable to in the Engineer's sole discretion, it resolve the Claim if, would be inappropriate for the Engineer to do so. Por purposes of further re solution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer doe not shall action be on a Claim within said 30 days, Claim deemed denied. E. Engineer's written action under paragraph Cgraph 10.05.0 or denial pursuant to Paragraphson owner and 10.05.D will be final and binding P nless owner or Contractor invoke the Contractor, u s of such action nr denial. forth m Article 16 within dispute roc 30 day r any such change. his reserved. aCProresennal Engineers Cor E,ICDC. All rig EdCOC C-700 Standard Generel Conditions oC the Construction Con re Copyright®2002 Nationar Society 00700-29 n I I U 11 7 5 �l ll� F. No Claim for an adjustment in Contract Price or Contract Times will be 1l 0Sf not submitted m accordance with this paragraph ARTICLE 11 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ll U 11.01 Cost of the Work te Cost rk A. Costs Included: Th except those oexclud do in means the stmt of all costs, P urred and aid by Paragraph 11.01.B ones eerform ince of the Work. When Contractor in the P P p n Change Order or the value of any Work covered by when a Claim for an adjustment in Contract Price is rk� the colts to determined on the basis of Cost of the Wctor Will be only Ose additional be reimbursed to Contrauired because of the change in the or incremental costs req rise to the Claim. Work or because of the even seed to in writing by Except as otherwise may aunts no higher than Owner, such costs shall be of the Project, shall include those prevailing in the locality of the only the following items, and shall not include any sts itemized in Paragraph 11'01.B. 1, G I I I U tds from sucontractors to owner ontractor andshall deliver such b dslto owner, ho will Contractor determine, with the advice of Engineer, hick that if any, will be acceptable. If any subcontract provides the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work as and fee shall be determined in the samovldediin this Contractor's Cost of the Work and fee as p Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, employed for surveyors, attorneys, and accountants) services specifically related to the Work. 5. Supplemental costs including the following: co 1 Payroll costs for employees in the direct in the performance agreed the o by employ of Contractor ifications agree under schedules of job classd nP Owner and Contractor. Such employees shall include, limitation, superintendents, foremen, without limitation, and other personnel employed full time at the Site. Payroll costs for l be employees not employed full time on en o�rehta7lVork. apportioned on the basis of butthetime spent salaries benefits, which shall payroll costs shall include, but not be limited to, and wages plus the cost of fringeuneniployntent, sation, include social security contributions, health excise, and payroll taxes, workers' compen and retirement benefits, bonuses, sickation and leave, vacf holiday pay applicable thereto. The expenses Performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. A 5 2. Cost of all materials and equipment fumishe and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner Pay - deposits funds with Contractor with which to make Pay - 1 accrue to ments, in which case the cash rebat sdiscoun and rts lefunds and Owner All trade discounts,aterials and equipment shalt returns from sale of sure poem shall ll accrue to owner, and Contractor shall make provisions that they may be 3 Payments made by Contractor to Work performed by Subcontractors. If Subcontractors for shall obtain competitive a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and main e - of all materials, supplies, equip Hance machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by or - the workers, which are consumed ss mar etvalue, mance of the Work, and cost of such items used e of but Contractor.tconsumed which remain the property c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with the rental agreements approved by advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the tern's of agreements. The its al of any shall cease when the ment, machinery, or Parts for the Work. use thereof is no longer necessary lar d. Sales, consumer, use, or wwhich Coner itractoris related m the d by Laws and Regulations. liable, imposed by . Deposits lost for causes other than negligence eContractor, any Subcontractor, or anyone Of directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by nce Contractor in connection with the Pe es within of the Work (except losses an thethe deductible amounts of prop ith Paragrnct established in accordance required by Owner, Contractor rights reserved. E]CDC C -70a Stands ed of P ofessiansl En8 neers for EJCDCn All rig contract. Copyright ® 2002 Nntiannl Soca ly 00700-29 1 1 J 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. L The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Fxclude& The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11.0I.B. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LO LA and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 7 7 7 times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable' to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change ojContract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.11.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs I L0I.A.I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0LA. I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.0I.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.0I.C.2.e, inclusive. - EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Testsandlnspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.043 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all E3CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJC11C. All rights reserved. 00700-32 costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the partes are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal ofDefecttve Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys; and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payrnent and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would he incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fumish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contact Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c, a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may famish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 011700-37 7 satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. It on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment: C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been famished as required in Paragraph 5.0 1, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perforin the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 7 V 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.023, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.023 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National society or Proressional Engineers for EJCDC. All rights reserved. 00700-39 7 7 i J 7 ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of thew intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if I. 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 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 SUPPLEMENTARY CONDITIONS SC -1— GENERAL: These Supplementary Conditions amend or supplement the Standard General Conditions (Section GC) and other provisions of the Contract Documents as shown below. All provisions which are not amended or supplemented remain in full force and effect. Should there appear to be a conflict between the General Conditions and the Supplementary Conditions, the Supplementary Conditions shall govern. SC -2 - GENERAL CONDITIONS — AMENDMENTS: 1. Article 2, PRELIMINARY MATTERS, Paragraph 2.02 Change the number of copies from "ten" to "four." 2. Article 2, PRELIMINARY MATTERS, Paragraph 2.04 Add the following to the last sentence of the paragraph, "unless approved in writing by the Owner". 3.. Article 4, AVAILABILITY OF LANDS ... REFERENCE POINTS, Paragraph 4.02 It is to be noted that there does not exist for this project any additional reports of explorations and tests of subsurface conditions at the site. All data available pertinent to these contracts are shown on the drawings, or specified herein. 4. Article 4, AVAILABILITY OF LANDS ... REFERENCE POINTS, Paragraph 4.05 Delete this paragraph in its entirety and substitute the following in its place: "The Contractor shall employ a land Surveyor licensed to practice in the State of Florida to set all the required controls for his work based upon Plats of Record and Owner's acquisitions of Rights -of -Way and real property. A bench mark for level control is shown on the drawings and shall be used by the Contractor for vertical control. Also Palm Beach County benchmark "CLUBHOUSE" is available. 5. Article 5, BONDS AND INSURANCE, Paragraph 5.01 First sentence, delete the phrase "performance and payment bonds" and insert "performance and public construction bonds". 6. Article 5, BONDS AND INSURANCE, Paragraphs 5.04, 5.05, 5.06, 5.07, 5.08, 5.09 and 5.10. 1589 - 8/9/2011 SC - I T Delete these paragraphs in their entirety and substitute the following in their place: "Insurance Requirements. A. General. Before starting and during the term of this contract, the Contractor shall procure and maintain insurance of the types and to the limits specified in 1 paragraphs B(1) to B(4), inclusive below. The Contractor, prior to beginning work, shall submit. a copy of the insurance policy(ies) issued in compliance with l the Issuance requirements listed herein. B. Coverage. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal, laws. In addition, the policy must include the following: a. Employers' Liability with Statutory limits of $100,000 / $500,000 / $100,000. b. Notice of Cancellation and/or Restriction. The policy must be 1 endorsed to provide the OWNER with thirty (30) days written i notice of cancellation and/or restriction. C. If any operations are to be undertaken on or in navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. (2) Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a. Minimum Limits of total coverage shall be $1,000,000 per occurrence combined single limit for Bodily Injury Liability and J Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $1,000,000 j minimum to be acceptable to the OWNER. b. Premises and/or Operations. C. Independent Contractors. S d. Products and/or Completed Operations. Contractor shall maintain Jin force until at least three (3) years after completion of all services required under the Contract, coverage for products and completed operations, including Broad Form Property Damage. e. XCU Coverages. 1589 - 6/8/2011 SC - 2 f. Broad Form Property Damage including Completed Operations. g. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. h. Personal Injury coverage with employee and contractual exclusions removed. i. Additional Insured. The OWNER is to be specifically included as an additional insured (including projects). j. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the OWNER with thirty (30) days written notice of cancellation and/or restriction. k. A Best Rating of no less than A+ is required for carriers providing coverage required under terms of the License Agreement. (3) Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: a. Minimum limit of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles c. Hired and Nonowned Vehicles , d. Employee Nonownership e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the OWNER with thirty (30) days written notice J of cancellation and/or restriction. (4) All Risk Property Insurance - When Applicable. Coverage must include real and personal properly of the OWNER for which the Contractor is 1 responsible and over which he exercises control. , a. Coverage to be provided on a full replacement cost basis. b. Losses in excess of ten thousand dollars ($10,000) shall be jointly payable to the Contractor and the OWNER. c. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or 1589 - 6/8/2011 SC - 3 J Jrepresentation that the building(s), addition(s), or structure(s) will not be occupied by the OWNER. 1 d. Maximum Deductible - $5,000 each claim. I e. Copy of Policy. A cerl ified copy of the policy must be provided to the OWNER prior to the commencement of work. f. Named Insured. The OWNER must be included as a named insured. g. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the OWNER with thirty (30) days written notice of cancellation and/or restriction. h. Flood Insurance. When the buildings or structures are locate within an identified special flood hazard area, flood insurance protecting the interest of the Contractor and the OWNER must afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of insurance coverage available under the National Flood Program. (5) The Engineer shall be designated by issuance of a separate Certificate of Insurance as additional Insured for the time specified under this Agreement. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement." ] 7. Article 8, OWNER'S RESPONSIBILITIES, Paragraphs 8.02, 8.03 and 8.04 Delete these paragraphs in their entirety. 8. Article 10, CHANGES IN THE WORK; CLAIMS, Paragraph 10.01 Change the third sentence of paragraph 10.01 to read as follows: "Upon receipt of any such document, provided said document has been signed by OWNER and CONTRACTOR. CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 9. Article 10, CHANGES IN THE WORK; CLAIMS Add paragraph 10.06 as follows: "CONTRACTOR is advised and acknowledges that no Change Order which may increase the amount of the Contract is authorized, whether or not the same be approved by OWNER's staff, unless and until same have been formally approved by the elected body of the OWNER." 1589 - 8/9/2011 SC -4 10. Article 11, COST OF THE WORK, ALLOWANCES; UNIT PRICE WORK, Paragraph J J 11.02.13. J Delete this paragraph in its entirety. 1J 11. Article 12, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TRVIES J Add paragraph 12.04 as follows: "The OWNER will not be held responsible for damages due to delay caused by changes in the scope of work unless extra compensation or contract time extensions for said changes are mutually agreed upon by the OWNER and CONTRACTOR. The additional consideration must be outlined in writing and incorporated into a Change Order." 12. Article 13, TESTS AND INSPECTIONS ... DEFECTIVE WORK, Paragraph 13.031 Add the following sentence to the end of the paragraph 13.03.F. "Neither observations by Town's representative nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the work in accordance with the Contract Documents. 13. Article 14, PAYMENTS TO CONTRACTOR AND COMPLETION A. Insert the following sentence between the first and second sentence in paragraph 14.02.A.1. "The application for payment shall be accompanied by an updated project schedule based upon the work completed as of the date of the application". B. Add paragraph 14.10 as follows: "The CONTRACTOR at completion of project shall file with the Town a "Final Release of Lien", a blank example of which is included in these documents. 14. Article 15, SUSPENSION OF WORK AND TERMINATION, Paragraphs 15.02.13 and 15.03.A. Where the term "seven days written notice" appears, amend it to read "a maximum of twenty (20) calendar days". 15. Article 15, SUSPENSION OF WORK AND TERMINATION, Paragraph 15.04.13 Delete the last three words "including interest thereon" of the second sentence. 16. Article 15, SUSPENSION OF WORK AND TERMINATION Add paragraph 15.05 as follows: "The OWNER may suspend or terminate work and make claims against the existing bonds or insurance where substitutes are not promptly 1589 - 8/9/2011 SC - 5 1 1 and timely submitted for any insurance or bonds which are either canceled with notice in advance, or where any of the insurance companies bonding agencies, sureties or the 1 CONTRACTOR is actually or there is an indication that same may become insolvent and no adequate substitute is timely submitted therefore. 17. Article 17, MISCELLANEOUS, Paragraph 17.05 Add subparagraph `B. Any legal action necessary to enforce this Agreement shall be filed and held in a court of competent jurisdiction within Palm Beach County, Florida". END OF SECTION 1589 - 8/9/2011 SC - 6 Addendum No. 1 Place Au Soleil Entrance Improvements The following Addendum items are amendments to the original contract documents and shall be considered as an integral part of said contract documents and bindings thereon as if bound therein. All items of the Contract documents shall remain intact unless amended by this addendum. This Addendum consists of eight (8) pages and includes: Revised Bid Form Page BP -3-A and Pre -Bid Meeting Minutes. PRE-BID MEETING The minutes from the pre-bid meeting held on September 14, 2011 are enclosed, consisting of four (4) pages, and are considered part of Addendum No. 1. BIDDING REQUIREMENTS Bid Forms Delete: Page BP -3 and BP -4 Insert: Page BP -3-A and BP -4-A (Revised, Addendum #1, Bid Form Pages). Page BP -3-A reflects Bid Item No. 3 as a separate line item for Maintenance of Traffic. TECHNICAL SPECIFICATIONS Reference Specification Section 01025-3. INSERT: 3.03 BID ITEM No. 3 —MAINTENANCE OF TRAFFIC A. The quantity of traffic control to be considered for payment shall be equivalent to the 191 C. required labor, materials and equipment necessary to keep roadways and property accesses in service during construction activities in accordance with the Contract Documents D. Refer to Specification Section 01570. ADD #1, Page i RESPONSE TO CONTRACTOR'S RFPS: RFI 1: Will new top soil be required in the new planting areas? Response 1: Provide new topsoil for planting of the palm trees. New topsoil is not required for the planting of the shrubs and groundcover. RFI 2: Are there any core samples of the existing road where the pavers are being placed? Do you know the thickness of asphalt and existing base? Response 2: There is no available information on the existing pavement section. All bidders shall acknowledge this addendum by completing the addendum acknowledgment section of their bid documents and by submission of this form with their bid document. Company Name: ADD 91, Page 2 F z w w ai w� iL G wz A � C7 U Oa A uCd� Ocn F -I rte% {� d N U wC N a P. F zz L G •• {� N N N ^ N q V A U q U a a a en rn A q G v E m Q a U Q w p A A n z 3 N c U i C F p v z •`c E a c •n �o v c � v B Q •o a s u F u L c L v 0 m .3 N L O 3 C .0 3^ o v a N L c' e E _ F C v o ,c a _ y u v v c a aE Q v o L N V u " u a a L y bL L 9 O C F 'G a � a � O N a u c •- L c a e 'e v � 'O 9 u � k F W 9 G � O E m N �s a, 00 TOWN OF GULF STREAM PLACE AU SOLEIL ENTRANCE IMPROVEMENTS PRE-BID CONFERENCE MEETING MINUTES (September 14, 2011, 2:00 pm) 1. Purpose of Pre -Bid Meeting: This non -mandatory pre-bid meeting has been scheduled to acquaint the prime contractors and others with the bid documents for the Place Au Soleil Entrance Improvements Project. Place An Soleil is the Property Owners' Association and the Town of Gulf Stream is the municipality that will manage and enter into the contract with the selected contractor. The Town of Gulf Stream and the City of Delray Beach Building Department will provide inspection services for the Project. 2. Scope of Project: The Base Bid generally consists of furnishing all labor, materials, equipment, incidentals and appurtenances for the installation of roadway improvements at the entrance to 'Place An Soleil" neighborhood at US Highway I and Gulfstream Boulevard in the Town of Gulf Stream, Florida. Specifically, removal of existing asphalt, removal of existing landscape at the guardhouse island only, grading, installation of paver roadway section, concrete headers, curbing, paver sidewalk, traffic signage, conduit, and pavement markings at the entrance roadway to Place Au Soleil. Bid Alternate "A" includes the surface preparation and application of stucco and decorative stonework on the existing guardhouse. Bid Alternate "B" includes landscape improvements. Refer to the Bid Proposal (BP) pages of the Front -Ends. The contract will be awarded on the Base Bid amount. 3. Project Designers: The project was designed by Urban Design South. MC is assisting the Town with bidding of the project. 4. Permits & Approvals: The following permits have been submitted for review: • City of Delray Beach Paving Permit (Contractor to complete the application and pick up the permit once approved) The fee is waived. The following approvals will need to be secured by the Contractor: • MOT plan approval required by Town, City and FOOT. Note that this entrance is the only wav in and out of the neighborhood. Place Au Soleil Pre -Bid Mtg Minutes 5. Project Schedule: Bids will be opened on Wednesday, September 28, 2011 at 2:00 PM at Town Hall, 100 Sea Road, Gulf Stream, Florida, 33483. Be sure to have Your bid submittal date and time stamped by the Town Clerk before 2:00 PM. Submit two (2) copies of the bid. The work will be substantially completed within 50 calendar days after the date when the Contract time commences to run and completed within 10 calendar days from the date of Substantial Completion. 6. Liquidated Damages: The Contractor shall pay the Town $500.00 for each calendar day or partial calendar day that the work is not fully completed after the time specified in paragraph 5 above. 7. Bid Security: A Bid Bond, Certified Check, or Cashiers Check in the amount of 5% of the total bid price must be submitted with the bid. The bidders must utilize the Bid Bond form provided in the Contract Documents. 8. Sub -Contractors: The bid proposal required that the sub -contractors be identified. A copy of a certificate of insurance for each sub -contractor is required, however, this would only apply to the apparent low bidder and would be required before the Notice of Intent to Award the contract was issued. 9. Examination of Site: Each bidder is responsible for necessary site investigations to determine all above ground conditions and sub -surface conditions and the facilities needed to execute the work in accordance with the contract documents. It is recommended that potential bidders inspect the project site before preparation/submittal of their bid package. 10. Interpretation of Addenda: When questions raised are deemed appropriate by the Town, in its sole discretion, they shall be answered in the form of Addenda. No oral answers to questions will be given. All Addenda so issued shall become a part of the Contract Documents, and must be acknowledged. To receive consideration, such questions shall be submitted in writing to the Town Manager not less than five working (5) days before the established date for the opening of Bids. Therefore, all questions need to be submitted to Town prior to close of business (4:00 PM) on Thursday, September 22, 2011. Any questions received after this date may not be answered. Fax 561-737-0188, Attn: Mr. William Thrasher, Town Manaeer. Place Au Soleil Pre -Bid Mtg Minutes 11. Bid Proposal: Contract Price is based on the Total Evaluated Base Bid items 1-2. The Town may consider both or none of the Alternate Bid Items A and/or B. Each pay item is defined in Specification Section 01025 "Measurement and Payment". 12. Pre -Construction Conference: Pre -construction meeting will be held immediately upon execution of the contract by the Town. 13. Existing Utilities: Contractor is fully responsible for coordination of all utility companies (e.g. FP&L, AT&T, natural gas, cable TV, Town of Gulf Stream, City of Delray Beach, etc.) and for repairing, at no expense to the Owner, utilities damaged during construction. 14. Key Concerns: • Submit Maintenance of Traffic Plan (MOT) prior to start of construction. Approval must be obtained from the Town of Gulf Stream, City of Delray Beach and FDOT. Note that the flowable fill material or concrete base material must be allowed to cure for a minimum of 24 hours before traffic may be directed onto the newly installed pavers. • Traffic is to be maintained at all times. Access to the Place Au Soleil neighborhood shall be maintained at all times. Duration of lane closings shall be coordinated with the Town of Gulf Stream. • Staging areas and employee parking locations to be approved by the Town of Gulf Stream. • Contractor shall verify all locations of utility crossings and parallel utilities prior to construction. This includes sanitary laterals and water services. • Contractor is responsible for replacing damaged irrigation piping, heads and control lines in kind. • The PVC conduit installation is not shown on the plans but is described in Specification Section 01025. • All areas disturbed by construction activities shall be restored. • The as-builts must be signed and sealed by a Land Surveyor registered in the state of Florida. • The Contractor shall provide the name of an independent testing laboratory for specified testing. The Town must approve the laboratory and will pay for all passed tests. Whenever nonconformance is determined by the testing, the Contractor shall bear the full costs thereof or shall reimburse the Town for said cost. 15. Contractor Questions at the Pre -Bid Meeting: A. Can compacted suburade be used instead of stabilized subarade of an LBR 40 or can we increase the thickness of the Plowable fill or concrete to compensate for the LBR? Response: Suberade compacted to minimum 98% maximum density perAASHTO T-180 is acceptable with density test results to confirm the compaction. Place An Soleil Pre -Bid Mtg Minutes B. Is the contract with the property owners association or with the Town? Response: The contract will be with the Town of GulfStream. C. The landscape plans call for 5 Ballon container size but 3 gallon or 7 gallon are the nearest sizes readily available. Response: All reference to 5 gallon shall be changed to 3 gallon. D. The scale of the landscape drawings seems to be off. Please confirm the 3' O/C spacing. Response: The bid auantities of the plant material shall be determined by the numbers listed in the boxes after the plant material listed on drawings LP -I an LP -2, not as scaled E. There is an existing areca palm on the south side of the entrance road shown to remain. It is in poor condition. Should it be removed? Response: The areca palm on the south side of the entrance road, east of the septic tank shall be removed under the Alternate Bid Item B. F. What type of requirements does the Town of Gulf Stream Police Department have regarding traffic control? Response: The successful bidder must provide for traffic manakement/MOT, including but not limited to two Naggers on site 24-hour/day during the time that a lane is closed to traffic. The Town's Police Department WD) will provide assistance as special conditions/requirements arise. The contractor will be required to coordinate the MOT with the Town's PD. The PD will monitor the site. If the contractor wishes to hire officers of the Town's PD as part of their MOT Plan, the rate shall be $39/hr. 16. Adjourn Place An Soleil Pre -Bid Mtg Minutes SECTION 01010 SUMMARY OF WORK PART 1- GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The work covered by these specifications comprises, in general, the furnishing of all labor, equipment, materials, and performing all operations to construct the Place An Soleil Entrance Improvements for the Town of Gulf Stream as described and specified further in the Technical Specifications and as shown on the Contract Drawings. B. Except as specifically noted, the Contractor shall provide and pay for: 1. Labor, materials, tools, construction equipment, and machinery. 2. Water and utilities required for construction. 3. Other facilities and services necessary for proper execution and completion of the work. C. The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements of the Town of Gulf Stream. 1.02 SILTATION AND BANK EROSION The Contractor shall take adequate precautions to minimize siltation and bank erosion in the vicinity of canals or ditches, in discharging well point systems or during other construction activities. 1.03 STORAGE OF MATERIALS Suitable storage facilities shall be furnished by the Contractor. All materials, supplies and equipment intended for use in the work shall be suitably stored by the Contractor to prevent damage from exposure, admixture with foreign substances, or vandalism or other cause. The Town's representative will refuse to accept, or sample for testing, materials, supplies or equipment that have been improperly stored, as determined by the Engineer. Materials found unfit for use shall not be incorporated in the work and shall immediately be removed from the construction or storage site. Delivered materials shall be stored in manner acceptable to the Town before any payment for same will be made. Materials strung out along the line of construction will not be allowed unless the materials will be installed within one week from the time of unloading and stringing out. 1589— 8/9/11 01010-1 SUMMARY OF WORK 1 ] 1.04 PRESERVATION OF PROPERTY J The Contractor shall preserve from damage all property along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. Wherever such property is damaged l due to the activities of the Contractor, it shall be immediately restored to its original J condition by the Contractor at no cost to the Owner. In case of failure on the part of the Contractor to restore such property, or make good such damage for injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the Contractor under this contract. 1.05 CLEAN UP The Contractor shall keep the construction site free of rubbish and other materials and restore to their original conditions those portions of the site not designated for the alteration by the Contract Documents. Clean up and restoration shall be accomplished on 1 a continuing basis throughout the contract period and in such a manner as to maintain a minimum of nuisance and interference to the general public and residents in the vicinity of the work. The Contractor shall also remove, when no longer needed, all temporary structures and 1 equipment used in his operation. It is the intent of this specification that the construction areas and those other areas not designated for alteration by the Contract Documents shall be immediately restored to original condition as upon completion of the project. 1.06 PUBLIC SAFETY AND CONVENIENCE The Contractor shall at all times so conduct his work as to ensure the least possible obstruction to traffic, or inconvenience to the general public and residents in the vicinity of the work. No road or street shall be closed to the public, except with the permission of the Town and other jurisdictional governmental authority, if any. Fire hydrants on or adjacent to the work shall be kept accessible. Provisions shall be made by the Contractor to ensure public access to sidewalks, public telephones, and the proper functioning of all gutters, sewer inlets, drainage ditches, and irrigation ditches. No open excavation shall be left overnight except during road closing. All open excavation within the roadway shall 1 be backfilled and a temporary asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable. 7 1589 — 8/9/11 01010-2 1 SUMMARY OF WORK 1 7 1 1.07 SAFETY AND OSHA COMPLIANCE A. The Contractor shall comply in all respects with all Federal, State and Local safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, DC 20210 or their regional offices. B. The Contractor shall comply in all respects with the applicable Workman's Compensation Law. 1.08 CONTRACTOR'S USE OF PREMISES 1.09 A. Coordinate use of premises under direction of Engineer. B. Assume full responsibility for the protection and safekeeping of equipment and materials stored on the site. C. Move any stored Products, under Contractor's control, which interfere with operations of the Owner or separate Contractor. NPDES COMPLIANCE A. Prior to the commencement of work, the Contractor must obtain the permit coverage for stormwater discharge from large and small construction activities and must implement appropriate pollution prevention techniques and SWPPP to minimize erosion and sedimentation to properly manage the stormwater runoff. The Contractor shall prepare a NPDES Site Plan including sketches and Best Management Practice procedures for review and comment from the Project Manager. The NPDES Site Plan shall include the control of stormwater, ground water and subsurface water during dewatering operations. (DEP adopted Rule 62-621.300 (4), F.A.C., with specific provisions for requesting permit coverage for the management of stormwater discharge from large and small construction activities.) B. The permit coverage for construction activities is to be obtained by submitting DEP form 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities and by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 62-621.300 (6). C. For additional information contact NPDES Stormwater Section at: 1589 — 6/8/11 01010-3 SUMMARY OF WORK 1 ] Florida Department of Environmental Protection Tallahassee, FL 32399-2400 (850)921-9904 1.10 PROTECTION OR REMOVAL OF UTILITY LINES A. Prior to construction the Contractor shall locate for physical location, elevation and dimensions and adequately uncover existing utilities, (within the path of his Jproposed work), to determine possible conflicts. By starting underground constructions, the Contractor has agreed that they are fully responsible for any and all damages and/or delays that may arise from not having adequately locating the J underground utilities. This applies to underground utilities that are shown on the J project construction drawings and those that have been physically marked in the 1 field by the various locating organizations or agencies. B. Information provided on the plans may be used as an approximate guide to assist the Contractor, however, the Contractor shall rely on actual field investigation to assure that all of the existing utilities are accurately located prior to commencement of his work. C. Existing structures reflect the best available information, but it shall be the Contractor's responsibility to acquaint him with all information and to avoid conflict with existing conditions. Protect all existing utility lines that are to be retained, or utility line constructed during excavation operations, from damage during excavation and backfilling; if damaged, repair at Contractor's expense. D. Existing Utility Lines to be Retained: Repair damaged lines that are not shown on drawings, or locations of which are not known to Contractor in sufficient time to avoid further damage. E. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project As-Builts with vertical and horizontal coordinates. F. Prior to commencement of any excavation, the Contractor shall comply with Florida Statute 553.851 for the protection of underground gas lines and underground telecommunication lines. END OF SECTION 1589 — 6/8/11 01010-4 SUMMARY OF WORK SECTION 01025 MEASUREMENT AND PAYMENT PART 1- GENERAL 1.01 THE REQUIREMENT A. Payment for the various items in the Schedule of Payment Items, as further specified herein, shall include all compensation to be received by the Contractor for fiunishing all tools, equipment, supplies, and manufactured articles, and for famishing all labor, operations, taxes, materials, commissions, transportation and handling, bonds, permit fees, insurance, overhead and profit, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). Such compensation shall also include payment for any loss or damages arising directly or indirectly from the work. B. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety. Should the Contractor feel that the cost for any item of work has not been established by the Schedule of Payment Items or this Section, it shall include the cost for that work in some other applicable bid item, so that its proposal for the project does reflect its total price for completing the work in its entirety. C. Schedule of value descriptions are to match the activity descriptions on the CPM schedule. 1.02 PAYMENT ITEMS A. The Contractor shall submit a Schedule of Payment Values for review with the return of the executed Agreement to the Owner. The schedule shall contain the installed value of the component parts of work for the purpose of making progress payments during the construction period. B. The schedule shall be given in sufficient detail for the proper identification of work accomplished. The Schedule of Payment Values shall complement the items of work detailed in the construction progress schedule and the construction network analysis in order to accurately relate construction progress to the requested payment. Each item shall include its proportional share of all costs including the Contractor's overhead, contingencies and profit. The sum of all scheduled items shall equal the total value of the Contract. 1589 - 6/9/11 01025-1 MEASUREMENT AND PAYMENT C. If the Contractor anticipates the need for payment for materials stored on the project site or off-site in a bonded warehouse, he shall also submit a separate list covering the cost of materials, delivered and unloaded with taxes paid. This list shall also include the installed value of the item with coded reference to the work items in the Schedule of Payment Values. Similar procedures shall be employed for undelivered specifically manufactured equipment and materials as specified herein. D. The Contractor shall expand or modify the schedule and associated listing of all work items as required by the Town's representative initial or subsequent reviews to accurately identify, in sufficient detail, the amount and value of the work accomplished. E. The Contractor shall make the schedule of values as accurate as possible as the approved values may be used to develop change order pricing, at the Town's representative discretion. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION BASE BID ITEMS 3.01 BID ITEM No. 1— 2" PVC CONDUIT A. Payment for this Bid Item shall be made on a Lump Sum Price Basis. The Contractor's price shall include full compensation for furnishing and installing four (4) 2 -inch empty PVC conduits extending from the base of the relocated existing power pole (located north of the entrance road, southeast of the water meter vault) to the northeast corner of the guardhouse building. 3.02 BID ITEM No. 2 — ROADWAY IMPROVEMENTS A. Payment for this Bid Item shall be made on a Lump Sum Price Basis. The Lump Sum Price shall include all labor, material and equipment required to construct the roadway improvements in accordance with the plans (HD-1, HS -1, LR -1, Cl, C2) and specifications. B. The Contractor's price shall include full compensation for existing pavement demolition, clearing and disposal, survey layout, excavation to the proper depth to allow the paver section installation, furnishing and installing the paver roadway section, concrete headers, curbing, paver sidewalk, traffic signage, pavement markings and any restoration required to provide a complete pavement reconstruction project. Clearing shall include only the areas required for 1589 - 8/23/11 01025-2 MEASUREMENT AND PAYMENT construction of the roadway improvements and clearing of the island area surrounding the guardhouse. ALTERNATE BID ITEMS 3.03 ALTERNATE BID ITEM A — GUARDHOUSE RENOVATION A. Payment for this Alternate Bid Item shall be made on a Lump Sum Price Basis. The Contractor's price shall include full compensation for surface preparation and to furnish and install the stucco and decorative stonework on the existing guardhouse as shown on the Guardhouse Renovation Details Sheet HD -2 & HS -1 in the contract drawings. 3.04 ALTERNATE BID ITEM B — LANDSCAPE A. Payment for this Alternate Bid Item shall be made on a Lump Sum Price Basis. The contractor's price shall include full compensation for removal of existing landscape as indicated on the landscape plans, (LR -1, LP -1, LP -2, LS -1 and LS -2) and furnishing and installing the landscape material including planting soil, trees, shrubs, ground cover, mulch and sod. B. Payment shall include modification/extension of the existing irrigation system as required to provide 100% coverage with 50% overlap of the proposed landscaping. C. Payment shall include full compensation for maintenance of the planted material and replacement of material that dies within the warranty period, as directed in the contract drawings and specifications. END OF SECTION 1589 - 8/23/11 01025-3 MEASUREMENT AND PAYMENT SECTION 01041 PROJECT COORDINATION PART1-GENERAL 1.01 REQUIREMENTS INCLUDED A. The Town representative will coordinate the work between Prime Contractor and the Town, as required. B. Contractor shall: 1. Coordinate work of his own employees and subcontractors. 2. Expedite his work to assure compliance with schedules. 3. Comply with orders and instructions of the Town. KOMI 13 - • ff Ova ulq►1 A. Section 01152: Applications for Payment. B. Section 0 13 10: Construction Schedules. C. Section 01340: Shop Drawings, Product Data and Samples. D. Section 01500: Construction Facilities and Temporary Controls. E. Section 01700: Contract Closeout. 1.03 CONSTRUCTION ORGANIZATION AND START-UP A. The Town representative shall establish on-site lines of authority and communications: 1. Schedule and conduct pre -construction meeting and progress meetings as specified in Section. 2. Establish procedures for [intra -project communications]: a. Submittals b. Reports and records C. Recommendations d. Coordination of drawings 1589 - 8/9/11 01041-1 PROJECT COORDINATION 7 ,I e. Schedules f. Resolution of conflicts 3. Interpret Contract Documents: a. Transmit written interpretations to Prime Contractor, and to other concerned parties. 4. Assist in obtaining permits and approvals: a. Verify that contractor and subcontractors have obtained inspections for Work and for temporary facilities. 5. Control the use of Site: a. Allocate space for Contractor's use for field offices, sheds, and work and storage areas. 6. Inspection and Testing: a. Inspect work to assure performance in accord with requirements of Contract Documents. b. Administer special testing and inspections of suspect Work. C. Reject Work which does not comply with requirements of Contract Documents. 1.04 CONTRACTOR'S DUTIES A. Construction Schedules: 1. Prepare a detailed schedule of basic operations. 2. Monitor schedules as work progresses: a. Identify potential variances between scheduled and probable completion dates or each phase. b. Recommend to the Town adjustments in schedule to meet required completion dates. C. Document changes in schedule; submit to the Town and to involved subcontractors. 3. Observe work of each subcontractor to monitor compliance with schedule. a. Verify that labor and equipment are adequate for the work and the schedule. b. Verify that product procurement schedules are adequate. C. Verify that product deliveries are adequate to maintain schedule. 1589 — 8/9/11 01041-2 PROJECT COORDINATION d. Report noncompliance to the Town, with recommendation for changes. B. Process Shop Drawings, Product Data and Samples: 1. Prior to submittal to the Town, review for compliance with Contract Documents: a. Field dimensions and clearance dimensions. b. Relation to available space. C. Effect of any changes on the work of any subcontractor. C. Prepare Coordination Drawings as required to resolve conflicts and to assure coordination of the work of, or affected by, mechanical and electrical trades, or by special equipment requirements. 1. Submit to the Town. 2. Reproduce and distribute copies to concerned parties after the Town's review. D. Maintain Reports and Records at Job Site, available to the Town. 1. Daily log of progress of work. 2. Records a. Contracts b. Purchase orders C. Materials and equipment records d. Applicable handbooks, codes and standards 3. Maintain file of record documents 1.05 CONTRACTOR'S CLOSE-OUT DUTIES A. At completion of Work, conduct an inspection to assure that: 1. Specified cleaning has been accomplished. 2. Temporary facilities have been removed from site. 1 B. Substantial Completion: 1. Conduct an inspection to develop a list of Work to be completed or corrected. 1589 — 8/9/11 2. Assist the Town's representative in inspection. 01041-3 PROJECT COORDINATION 3. Supervise correction and completion of work of subcontractors. 1.06 TOWN REPRESENTATIVE'S CLOSE-OUT DUTIES A. Final Completion: 1. When Contractor determines that Work is finally complete, conduct an inspection to verify completion of Work. B. Administration of Contract closeout: 1. Receive and review contractor's final submittals. 2. Transmit to the Town with recommendations for action. PART2-PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION 1589 — 8/9/11 01041-4 PROJECT COORDINATION SECTION 01045 CUTTING AND PATCHING PART I -GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall be responsible for all cutting, fitting and patching, including related excavation and backfill, required to complete the Work or to: 1. Make its several parts fit together properly. 2. Uncover portions of the Work to provide for installation of ill-timed work. 3. Remove and replace defective work. 4. Remove and replace work not conforming to requirement of Contract Documents. 5. Remove samples of installed work as specified for testing. 6. Provide routine penetrations of non-structural surfaces for installation of piping and electrical conduit. 1.02 RELATED REQUIREMENTS A. Section 01010: Summaryof Work. B. Section 01630: Substitutions and Product Options. C. Section 02220: Trenching, Backfilling and Compacting. 1.03 SUBMITTALS A. Submit a written request to Engineer well in advance of executing and cutting or alteration which affects: 1. Work of the Owner or any separate contractor. 2. Structural value or integrity of any element of the project. 3. Integrity or effectiveness of weather -exposed or moisture -resistant element or systems. 4. Efficiency, operational life, maintenance or safety of operational elements. 5. Visual qualities of sight -exposed elements. 1589 —6/8/11 01045-1 CUTTING AND PATCHING i J i I J B. Request shall include: 1. Identification of the Project. 2. Description of affected work. 3. The necessity for cutting, alteration or excavation. 4. Effect on work of Owner or any separate contractor, or on structural or weatherproof integrity of Project. 5. Description of proposed work: a. Scope of cutting, patching, alteration, or excavation. b. Trades who will execute the work. C. Products proposed to be used. d. Extent of refinishing to be done. 6. Alternative to cutting and patching. 7. Cost proposal, when applicable. 8. Written permission of any separate contractor whose work will be affected. C. Should conditions of Work or the schedule indicate a change of products from original installation, contractor shall submit request for substitution as specified in Section 01630 - Substitutions and Product Options. D. Submit written notice to Engineer designating the date and the time the Work will be uncovered. 17\:y 0439" )111f1wM 2.01 MATERIALS A. Comply with specifications and standards for each specific product involved. PART 3 -EXECUTION 3.01 Q 1589 — 6/8/11 Inspect existing conditions of Project, including elements subject to damage or to movement during cutting and patching. 01045-2 CUTTING AND PATCHING 1 J B. After uncovering work, inspect conditions affecting installation of Products, or performance of work. C. Report unsatisfactory or questionable conditions to Engineer in writing; do not proceed with work until Engineer has provided further instructions. 3.02 PREPARATION A. Provide adequate temporary support as necessary to assure structural value or integrity of affected portion of work. B. Provide devices and methods to protect other portions of Project from damage. C. Provide protection from elements for that portion of the Project which may be exposed by cutting and patching work, and maintain excavations free from water. 3.03 PERFORMANCE A. Execute cutting and demolition by methods which will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. B. Execute excavating and backfilling by methods which will prevent settlement or damage to other work. C. Employ original Installer or Fabricator to perform cutting and patching for: 1. Weather -exposed or moisture -resistant elements. 2. Sight -exposed finished surfaces. D. Execute fittings and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. E. Restore work which has been cut or removed; install new products to provide completed work in accord with requirements of Contract documents. F. Fit work airtight to pipes, sleeves, ducts, conduit or other penetrations through surfaces. G. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes; 1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish entire unit. 1589 — 6/8/11 END OF SECTION 01045-3 CUTTING AND PATCHING ��I J S E C T I O N 0 1 0 5 0 F I E L D E N G I N E E R I N G P A R T 1 - G E N E R A L 1 . 0 1 R E Q U I R E M E N T S I N C L U D E D A . P r o v i d e a n d p a y f o r f i e l d e n g i n e e r i n g s e r v i c e s r e q u i r e d f o r P r o j e c t . 1 . S u r v e y w o r k r e q u i r e d i n e x e c u t i o n o f P r o j e c t . 2 . C i v i l , s t r u c t u r a l o r o t h e r p r o f e s s i o n a l e n g i n e e r i n g s e r v i c e s s p e c i f i e d , o r r e q u i r e d t o e x e c u t e C o n t r a c t o r '