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WEEKLEY BID PACKAGE
MIAMI SHORES VILLAGE 10050 NE 2nd AVENUE MIAMI SHORES, FLORIDA 33138 BID NUMBER 2018 - APR -01 BID DOCUMENTS AND SPECIFICATIONS FOR CITYWIDE ROADWAY RESURFACING PROJECT MAYOR AND VILLAGE COUNCIL VILLAGE MAYOR: VILLAGE VICE - MAYOR: COUNCILWOMAN: COUNCILMAN: COUNCILMAN: VILLAGE MANAGER: VILLAGE CLERK: PUBLIC WORKS DIRECTOR: PUBLIC WORKS ASSIST DIRECTOR: MACADAM GLINN SEAN BRADY ALICE BURCH JONATHAN MELTZ STEVEN ZELKOWITZ THOMAS J. BENTON YSABELY RODRIGUEZ SCOTT W DAVIS CHRISTOPHER MIRANDA TABLE OF CONTENTS DOCUMENT DESCRIPTION PAGES 00020 NOTICE TO BIDDERS 1 00100 INSTRUCTION TO BIDDERS 1 -5 00300 BID FORM (REQUIRED DOCUMENT) 1 -3 00401 BID BOND (REQUIRED DOCUMENT) 1-2 00402 PUBLIC ENTITY CRIMES FORM (REQUIRED DOCUMENT) 1 -2 00403 ANTI - KICKBACK AFFIDAVIT (REQUIRED DOCUMENT) 1 00420 BIDDERS QUALIFICATION FORM (REQUIRED DOCUMENT) 1 -3 00430 INSURANCE ADVISORY FORM (REQUIRED DOCUMENT) 1 -2 00500 AGREEMENT 1 -3 00600 CONSTRUCTION PAYMENT BOND (REQUIRED DOCUMENT) 1 00601 CONSTRUCTION PERFORMANCE BOND (REQUIRED DOCUMENT) 1 00650 O.S.H.A. ACKNOWLEDGEMENT (REQUIRED DOCUMENT) 1 00700 GENERAL CONDITIONS (Table of Contents on page 007004) 1 -73 00800 SPECIAL PROVISIONS 1 -21 00801 TECHNICAL SPECIFICATIONS (Table of Contents on page 00801 -1) 1 -3 00900 ADDENDA 01025 MEASUREMENT AND PAYMENT 01050 FIELD ENGINEERING 01090 REFERENCES 01100 SPECIAL PROVISIONS 01120 SEQUENCE OF CONSTRUCTION 01152 APPLICATION FOR PAYMENT MIAMI SHORES VILLAGE TOC -i Citywide Roadway Resurfacing Project 01310 CONSTRUCTION SCHEDULES 01340 SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES 01410 PROJECT TESTING LABORATORY SERVICES 01505 CONTROL OF WORK 01510 MOBILIZATION 01700 CONTRACT CLOSEOUT 01720 PROJECT RECORD DOCUMENTS 01730 WARRANTIES AND BONDS 01750 MAINTENANCE OF TRAFFIC & PUBLIC STREETS MIAMI SHORES VILLAGE TOC -i Citywide Roadway Resurfacing Project 5uo�es MIAMI SHORES VILLAGE 10050 NE. 2nd Avenue x. till. Miami Shores, FL 33138 yyQ = "v�` 305 - 795 -2210 xto�ei NOTICE TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID #2018 - APR -01 NOTICE IS HEREBY GIVEN that the MIAMI SHORES VILLAGE is seeking sealed bids for the following work as specified. CITYWIDE ROADWAY RESURFACING PROJECT Locations will be provided by the Village Bids will be accepted until 05:00 pm on April 18, 2018, at the Building Department of MIAMI SHORES VILLAGE at 10050 NE 2nd Avenue, Miami Shores, FL 33138. Envelopes must be sealed and plainly marked "CITYWIDE ROADWAY RESURFACING PROJECT — Bid# 2018 -APR- 01." In general, the work includes Milling, Asphalt resurfacing in specified Locations and other incidental work in connection therewith. Bids based on any one (1) part of the work will not be considered. A mandatory pre -bid conference will be held at Miami Shores Village Public Works Department, 1701 NW 103 St. on, April 11, 2018, at 10:30 am. Only those attending this conference will be allowed to bid on this project. Contract Documents may be examined and obtained on or after, April 6, 2018, at Miami Shores Village Hall, 10050 NE 2 "1 Avenue, Miami Shore, FL 33138, Phone (305) 795 -2210. The Contract Documents in Electronic form, may be purchased for the non - refundable amount of $30.00 per set. If bidding documents are to be mailed, an additional separate payment of $10.00 for each set to cover shipping and handling, shall be made payable to Miami Shores Village. Payment in full must be received by Miami Shores Village prior to the issuance of the Bid Documents. Bid security in the form of a Bid Bond or certified check made payable to the "MIAMI SHORES VILLAGE ", in an amount equal to five percent (5 %) of the bid, will be required. Bidder must use Bid Bond form provided. Guarantee Bonds in the form of a Construction Performance Bond for 100% of the Bid and a Construction Payment Bond, in an amount equal to 100% of the Bid will be required. The MIAMI SHORES VILLAGE reserves the right to reject any and all bids, to waive any and all informalities or irregularities and to accept or reject all or any part of any bid as they may deem to be in the best interest of the citizens of the MIAMI SHORES VILLAGE. MIAMI SHORES VILLAGE 00020 -1 Notice to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.0 SUBMITTAL 1.1 Sealed proposals will be received until the time and date specified in the Notice to Bidders. 1.2 The Village as stated in the Advertisement will receive sealed bids. All bids, mailed or delivered, shall be received at the Miami Shores Village Hall, 10050 NE 2nd Avenue, Miami Shores, FL 33138. The bid envelope must be marked on the outside: Cit wide Road Resurfacing Project 1.3 If said proposal is forwarded by mail, it shall be enclosed in another envelope addressed as listed above. Proposals will be received until the time and date specified in the Notice to Bidders. Proposals received after the time and date specified will not be considered. 2.0 BIDS 2.1 Certain portions of the bid may be deleted from the awarded contract 2.2 Bid must be submitted on the Bid Form provided herein. All applicable blank spaces on the Bid Form must be filled in legibly. Erasures on the Bid Form will not be allowed. Changes on the Bid Form shall be initialed and dated over the corrected amount. Each bidder shall submit a single, original copy of the proposal and its accompanying questionnaire. The forms must be submitted in good order and with all blanks filled in. The Total Bid Amount shall be stated both in words and in figures. In case of conflict between words and figures, the words shall govern. 2.3 Forms required by the Village, as explained at the pre -bid conference, must be submitted with the bid. 3.0 IRREGULAR BIDS 3.1 Bids, which are incomplete, not properly executed, conditional or which contain additions not called for, alterations or the owner may reject irregularities of any kind. 4.0 SIGNATURES ON BIDS 4.1 Each Bidder shall sign his bid with his full name, company name and address. In cases where a firm or corporation submits a bid, the bid shall be signed with the full name of each member of the firm, or by the name of the officer or officers authorized by its by -laws, in addition to the firm or corporation signature with its official seal affixed hereto. 5.0 EXAMINATION OF CONTRACT DOCUMENTS MIAMI SHORES VILLAGE 00100 -1 Citywide Road Resurfacing Project Instructions to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 5.1 Bidders are notified that they must thoroughly examine the Contract Documents, Specifications, Bid Documents, and any addenda issued prior to the opening of bids. 6.0 EXAMINATION OF SITE 6.1 Each Bidder shall visit the sampled site of the proposed work before submitting his proposal and shall fully acquaint himself with conditions relating to construction and labor so that he may fully understand the facilities, difficulties and restrictions attending the execution of work under the Contract. It will be assumed that the Bidder has investigated and is satisfied as to the conditions of work to be performed and materials to be furnished and shall base his bid on his own opinion of the conditions likely to be encountered, and for the bid prices must assume all risk of variance, by whomsoever made, in any computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. 6.2 Each Bidder shall thoroughly examine and be familiar with the plans and specifications. The failure or omission of any Bidder to receive or examine any form, instrument, addendum or other documents or to visit the site and become acquainted with existing conditions there, shall in no way relieve any Bidder from any obligation with respect to his bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this document. 6.3 No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill, in every detail, all of the requirements of Contract Documents, nor will they be accepted as a basis on any claim whatsoever for extra compensation or for an extension of time. 6.4 Each Bidder shall be responsible for investigating the groundwater conditions at the site prior to submitting his proposal. The bidder shall base his proposal on his own investigation and shall assume all risk of any variances in groundwater conditions. 6.5 Each Bidder shall verify the soil conditions at structure sites by undertaking his own soil borings as needed. Neither the Owner nor the Project Manager will assume responsibility for varying sub -soil quality of conditions encountered during the work. The bidder shall certify he has made all necessary sub -soil investigations and is satisfied his bid proposal adequately covers the anticipated soil conditions. 7.0 DISCREPANCIES 7.1 Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or Specifications, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the Project Manager. 8.0 INTERPRETATION OF PLANS 8.1 On all drawings, the figured dimensions shall govern in case of discrepancy between the scales and figures. The Contractor shall take no advantage of any error or MIAMI SHORES VILLAGE 00100 -2 Citywide Road Resurfacing Project Instructions to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 omission in the Drawings or of any discrepancy between the Drawings and Specifications. The Project Manager shall make such interpretations as may be deemed necessary for the fulfillment of the intent of the Drawings and Specifications as construed by the Project Manager. All decisions by the Project Manager shall be final. 9.0 INTERPRETATION OF BID DOCUMENTS PRIOR TO OPENING OF BIDS 9.1 A Bidder contemplating submitting a bid for the proposed contract shall notify the Project Manager in writing of any conflicts, ambiguities or discrepancies it finds in the Bid Documents in order to permit the Project Manager to issue appropriate addenda. The persons submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addenda duly issued and copies of such addenda will be mailed or delivered to each person receiving a set of such documents. Request for interpretations or clarification of the Contract Documents must be made not later than five (5) days prior to time of bid opening. The Owner will not be responsible for any other explanation or interpretation of the documents. 10.0 TIME OF COMPLETION 10.1 All work for this project shall be completed within the number of calendar days as indicated in the Bid Form of the successful bidder. 10.2 Completion of the project shall imply complete possession and occupancy by the Owner. 11.0 LABOR REGULATIONS 11.1 The Contractor shall fully comply with all laws and regulations concerning labor, work hours, wage rates, labor conditions and related matters. 12.0 FORFEITURE OF BID SECURITY 12.1 In the event the successful Bidder fails to execute and deliver the Contract, the required Bonds and proof of insurance to the Owner within seven (7) calendar days of receipt of the Notice of Award from the Owner, the Bidder will be declared in default and the Owner shall have the right to call the Bid Security. 13.0 RETURN OF BID SECURITY 13.1 Certified checks and Bid Bonds of the unsuccessful Bidders will be returned to the parties submitting same not later than fifteen (15) days after the execution of the contract. In the event that all bids are rejected, the checks will be returned to all bidders within fifteen (15) calendar days after date of rejection. 14.0 CONTRACT BONDS MIAMI SHORES VILLAGE 00100 -3 Citywide Road Resurfacing Project Instructions to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018-APR-01 14.1 The Successful Bidder shall furnish a Performance Bond in an amount of at least equal to one hundred percent (100 %) of the contract price as security for the faithful performance of this Contract and Payment Bond in the amount of at least one hundred percent (100 %) of the contract price for payment of all persons performing labor on the project under this Contract. The Surety on such bonds shall be by a duly authorized Surety Company satisfactory to the Owner. 15.0 QUALIFICATION OF BIDDER 15.1 A bidder will be required to show to the complete satisfaction of the Owner that the Bidder possesses the necessary facilities, equipment, ability, and financial resources to perform the work in a satisfactory manner within the time specified. No contract will be awarded except to responsible Contractors and businesses capable of performing the class of work contemplated. The Bidder shall submit the Bidders Qualification Form with his bid. 16.0 REJECTION OF BIDS 16.1 Bids, which are not responsive, shall be summarily rejected by the Owner. 16.2 Bids will be considered irregular if they show omissions, alterations of form, additions not called for, unauthorized alternate bids, or other irregularities of any kind, and may be rejected. 16.3 The Owner reserves the right to waive irregularities of Bids, or to reject any or all Bids. 17.0 WITHDRAWAL OF BIDS 17.1 A Bidder may withdraw the bid provided that a request is made in writing and delivered either in person or by special delivery mail to the Owner not less than one (1) hour prior to the time set for opening bids. The bid may not be withdrawn for a period of one hundred eighty (180) days following the date of the bid opening. 18.0 OWNER'S RIGHTS RESERVED 18.1 The Owner reserves the right to accept any bid which, in his opinion, is the lowest and best, and in the best interest of the Owner. The Owner also reserves the right to reject any and all bids. 19.0 QUALIFICATION OF SURETY 19.1 The Contractor may provide a cash bond, an irrevocable letter of credit drawn on a Florida Bank acceptable to the Village or a surety bond executed by a corporate surety company authorized to do business in the State of Florida, holding a certificate of authority from the Secretary of the Treasury of the United States as acceptable sureties on Federal Bonds and executed and issued by a resident agent licensed and having an office in the State of Florida, and resident agent in Miami- MIAMI SHORES VILLAGE 00100 -4 Citywide Road Resurfacing Project Instructions to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Dade County representing such corporate surety. Said surety bond or its equivalent shall be in effect prior to the issuance of any work permits and shall remain in effect until the provisions of the agreement to transfer ownership of any improvements have been fulfilled. 20.0 SUBCONTRACTORS 20.1 The Contractor shall furnish as outlined in the Bid Form, a list of the names of the subcontractors proposed for all parts of the work, including the name, address, phone number, subcontractor's license number and parts of work to be performed and at least three (3) references and three (3) projects of similar nature. 21.0 INSURANCE 21.1 The Bidder's attention is directed to the insurance requirements outlined in the Supplementary Conditions of this document. The Successful Bidder will be required prior to execution of the contract, to furnish a certificate of insurance naming the Owner and its Agents as the named insured under such contract of insurance. 22.0 POWER OF ATTORNEY 22.1 Attorneys -in -fact who sign contract bonds must file with each bond a certified copy of their Power of Attorney in effect at the date of the contract execution. 23.0 AWARD OF CONTRACT 23.1 The Contract, if awarded, will be awarded to the lowest responsible and eligible bidder. Such a bidder shall possess the skill, ability and integrity necessary for the faithful performance of the work. The term "lowest responsible and eligible bidder" as used herein shall mean the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to the faithful performance of the work. 23.2 The Owner may reject all bids at the Owner's sole option and rebid either all or part of the work proposed by this contract. 24.0 ACCEPTANCE PERIOD 24.1 The Bidder shall hold his bid good for acceptance by the Owner for a period of not less than one hundred eighty (180) calendar days following the date of the bid opening. The bid guarantee required herein above shall be effective for this period. 25.0 EQUAL OPPORTUNITY REQUIREMENTS MIAMI SHORES VILLAGE 00100 -5 Citywide Road Resurfacing Project Instructions to Bidders INSTRUCTIONS TO BIDDERS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 25.1 During the performance of the Contract, the Bidder agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, handicap or marital status. The Bidder shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, handicap or marital status. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. MIAMI SHORES VILLAGE 00100 -6 Citywide Road Resurfacing Project Instructions to Bidders BID FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 BID TO: Village Hall Submitted: "- ig —M 10050 NE 2nd Avenue Miami Shores, FL 33138 The undersigned, as Bidder, hereby declares that he /she has examined the sample construction site and has fully acquainted himself /herself with the work to be done; that he /she has thoroughly examined the Drawings, Specifications, if any, and all Contract Documents pertaining thereto; including the Notice to Bidders, Instructions to Bidders, Bid Bond, Contract, Construction Payment Bond, Construction Performance Bond, General Conditions and Supplementary Conditions and has read any and all Addenda issued prior to the opening of bids; and that he /she has satisfied himself /herself relative to the work to be performed and the time within which it is to be completed as designated under the Miami Shores Village Bid Number 2018- APR -01. The Bidder agrees to accept the Total Sum Bid Amount as full compensation for all labor, transportation, materials, equipment, Safety, Maintenance of Traffic, removal of excess material and all other tasks necessary for the completion and acceptance of this project. The Bidder acknowledges that the Total Sum Bid Amount includes costs for complying with the Florida Trench Safety Act of 1990. The Bidder agrees that, if Awarded the Contract, he will sign the Contract Documents within seven (7) calendar days of the Notice of Award; that he will commence the work on the date stated in the Notice to Proceed; and that he will have the work complete for the Owner's use within ninety (90) calendar days from said date. The Bidder acknowledges receipt of the following Addenda: Addendum No. 1 Addendum No. _ Addendum No. Addendum No. 2 Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Addendum No. Failure to acknowledge addenda shall not relieve such bidder from its obligation under this bid. OWNER: MIAMI SHORES VILLAGE PROJECT: Citywide Road Resurfacing Project. The undersigned bidder proposes to furnish all labor, tools, materials and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded through work orders by the Miami Shores Village, Florida„ through its proper officers„ and to do the same strictly in accordance with the drawings and contract documents herein and made a part hereof, at the following unit and lump sum prices, to -wit: Refer to sheet 00300 -3 for a list of Bid Schedule. TOTAL BASE BID AMOUNT: $ 311 2(57, ob TOTAL BASE BID AMOUNT (in words) hre e bvid ire d 5( vrm Dollars eii � f hundred Sixt -- ve, d oUo,,.s f.JAol Zara G•�-�-s MIAMI SHORES VILLAGE 00300 -1 -A2 Citywide Road Resurfacing Project Bid Form BID FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 BID FROM: IF BIDDER is: An Individual By: 0 LA (Individual's Name) Doing business as: Business address:_ Phone No.: A Partnership By: ZFEA Business address: Phone No.: _A Corporation By, we -ekJ8' By: Jam ► !- (Name of Person Phone No.: Business address: Phone No.: - A Joint Venture 411 By: (Firm Name) (General Partner) 5 h a + oLv, fi G'• �-Jo rr' e) (State of incorporation) ioriz (Title) (Secretary � o� L Wecklt (Name) (Address) (SEAL) By. (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above ) MIAMI SHORES VILLAGE 00300 -2 -A2 Citywide Road Resurfacing Project Bid Form BID FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2418- APR -0I BID PROPOSAL Item Description No. 1 General Conditions and Mobilization 2 Maintenance of Traffic per FDOT Design Standards 3 Asphalt Paving Type "SP" 4 Milling of Asphalt where Directed (minimum of 3 ft. wic 5 8" Limerock Base with 12" sub -base 6 Type "D" Curb & Gutter 7 Adjust Valve Box (any size) 8 Type "D" Inlet 9 French Drain 15" Perf. Pipe 10 6" Yellow Thermoplastic Paint 11 12" White Thermoplastic Paint 12 24" White Thermoplastic Paint 13 Sharrows 14 Speed Hump as per approved Miami -Dade PWWMD Notes: TOTAL BASE BID AMOUNT 31'7,3 MIAMI SHORES VILLAGE 00300 -3 -A2 Citywide Road Resurfacing Project Bid Form Unit Quantity Unit Price Price LS 1 4-oct— Soo, o0 LS 1 3 000.00 3 000, SY 20,000 I $5, an 11 $ 000. o0 e} SY 1000 (o.00 00 ca SY 150 . o0 ob LF 50 48.00 2 qm,m EA 25 50Q.,- 2 500, ao EA 1 /o 9 00 ov CV0 eo LF 25 00. eO 500 LF 500 So -1SO. at LF 50 .00 ZOO on LF 150 $ J O 1 2-1-5-, w EA 30 250, c" 7 SOO. oc� Details EA 13 5 500.0 -1 TOTAL BASE BID AMOUNT 31'7,3 MIAMI SHORES VILLAGE 00300 -3 -A2 Citywide Road Resurfacing Project Bid Form ADDENDA CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 ADDENDA Addendum #1 Replace Section "00300 -1 thru 00300 -3 Bid Form" with "00300 -1 -A1 thru 00300 -3 -A1 Bid Form" Supplied in email dated 4/13/2018. Addendum #2 Replace Section "00300 -1 thru 00300 -3 Bid Form" with "00300 -1 -A2 thru 00300 -3 -A2 Bid Form ". Item #4 "Milling of Asphalt where Directed" added to Bid Proposal. END OF DOCUMENT MIAMI SHORES VILLAGE 00900 -1 -A2 Citywide Roadway Resurfacing Project ADDENDA BID BOND CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 and Address: r Asphalt Paving, Inc. Pembroke vines, I-L 33332 SURETY Fllan7e and Address ofPrinci al Place of Business Western Surety Company 333 S Wabash Avenue, 41st Floor Chicago, IL 60604 _ OWNER (8aino and Address): Miami Shores Village Council 10050 NE 2 °d Avenue Miami Shores, Florida 33138 BID BID DUE DATE: April 18th, 2018 PROJECT (Brief Description including Location): Bid No: 2018 - APR -01 BOND BOND NUMBER: DATE: (Not later than Bid Due Date): PENAL SUM: 5% Bid Amount IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER :ekly -,A #salt Paving, Inc. (Seal) Bidder"FRZkha, and Corporate Seal IN Attest: V So nature and Title SURETY Western SuT!�yMany _(Seal) Sure# 's NAm6 4nd.LQ-r4e Seal d Title Lisette Rodriguez Attorney) Attorney -in -Fact Attest:_ Signa 're and Title crc Francys Tolon - Wtiness MIAMI SHORES VILLAGE 00401 -1 Citywide Road Resurfacing Project Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and sea] herein affixed hereby make, constitute and appoint Jeffrey Samas, Richard Arcadio Rodriguez, Lisette Rodriguez, Individually of Coconut Grove, FL, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 2nd day of January, 2018. uRer WESTERN SURETY COMPANY r 3Wtb ��i! �SEAV - __ Caw "�,�_TJIR1M1N41¢d ':iul T. Bruflat, Vice President State of South Dakota 1 JT County of Minnehaha xs On this 2nd day of January, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR gwornnvvuKcr June 23, 2021 g /! J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse herccor is sirllin forge. In testimony whereof have hereunto subscribed my name atnd affixed the seal of the said corporation this - t . _ clay of y I.. I l ttit�r " "Y '- .,, WESTERN SURETY COMPANY C Y .3Rt S fAV ry'r• 'a+ww�im L. Nelson, Assistant Secretary Form F4280 -7 -2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. BID BOND CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018-APR-01 Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that: 1.1. If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceeds the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within thirty (30) calendar days after receipt by Bidder and within thirty (30) calendar days after receipt by Bidder and Surety of written notice MIAMI SHORES VILLAGE Citywide Road Resurfacing Project of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed one hundred eighty (180) days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to thirty (30) calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one (1) year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable provision of this Bond conflicts with any applicable provision of any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. 00401 -2 PUBLIC ENTITY CRIMES FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid Number # d619 —A09 —0 / for C,;+..,(Ai d& "'Raadwam ���� �; ��, ?ro; eCt 2. This sworn statement is submitted by eeki AS P ✓;enl AIL. (name of en submitting sworn statement whose business address is 2- 0 -7oI —5A,r F i- 3333a and (if applicable) its Federal Employer Identification Number (FEIN) is Sq ' 07,53039. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is 1 )avl i e �U • Q��C and my relationship to the entity name above (please print name of individual gning) is: 'PYPsi Amt 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record, relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. MIAMI SHORES VILLAGE 00402 -1 Citywide Road Resurfacing Project Instructions to Bidders PUBLIC ENTITY CRIMES FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, director, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list-,, (Please attach a copy of the final order.) The person or affiliate has not been placed o convicted vendor list. (Please describe any action taken by or pending with the Department of Gen Services.) Date: STATE OF r4 COUNTY OF n6! 4A PERSONALLY APPEARED BEFORE ME, the undersigned authority, —bGiv1,A e. { , WU I4- who, after first being sworn by me, affixed his/her signature in the (name of individual signi space provided above on the CJ day of n r1 1201-Y g BLIC My commission expires: eW, Notary Public State of Plaids Angela G Floyd 11 My Commission GG 054705 `7p,1 tr. Expires 12/1312020 MIAMI SHORES VILLAGff - a -; - - T - -T # 00402 -2 Citywide Road Resurfacing Project Instructions to Bidders ANTI - KICKBACK AFFIDAVIT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 STATE OF FLORIDA ) : SS COUNTY OF MIAMI -DADE ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the Village of Miami Shores as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. I hereby certify that to the best of my knowledge and belief all the foregoing facts are true and correct. 3.2 Date: STATE OF T W,JA COUNTY OFD/ ame - Signatu A noel -b. We W t- n,�lsid"t PERSONALLY APPEARED BEFORE ME, the undersigned authority, )C - �cgi who, after first being sworn by me, affixed his /her signature in the (name of individu r space provided above on the / U day of 1r1 201/9 TA PUBLIC, State lorida My commission expires: �yAra7gela 1My Comm 064T05 otM1 Expires 12=020 MIAMI SHORES VILLAGE Citywide Road Resurfacing Project "OFFICIAL NOTARY SEAL" STAMP 00403 -1 ANTI - KICKBACK AFFIDAVIT BIDDERS QUALIFICATION FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 The undersigned guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business as a General Contractor? �A 2. hat is the last project of this nature you have completed? �OvJ &r d 00 • S(A r-Ptcle— 7bnrJ liar i r szAyi cc s 3. Have you ever failed to complete work awarded to you: If so, where and why? W 4. Name three individuals or corporations for which you have performed work and to which you refer: see, a4+Pf-rh + I 5. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co- venture, list the information for all co- ventures). NAME OF TOTAL CONTRACTED % PROJECT OWNER CONTRACT DATE OF COMPLETION VALUE COMPLETION TO DATE Sew _rM (Continue list on insert sheet, if necessary.) MIAMI SHORES VILLAGE 00420 -1 Citywide Road Resurfacing Project BIDDERS QUALIFICATION FORM BIDDERS (QUALIFICATION FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 6. The Bidder is licensed as a General Contractor to perform the work contemplated by this bid and holds License No. CGG IS-/ Ro-5 -0 (Bidder shall provide photocopy of General Contractor's License.) Se A f?4-6h~r * 3 7. Will you sublet any part of this work? If so, please list subcontractors, including name, address, phone number, contractor's license and parts of work to be performed. bnes 1 f - M, ---Lc 1tjc - . 807 a z-,i CFA, rA%Sf-_ R- .53040 (77x) S4-,- v n 8. The following is given as a summary of the Financial Statement of the undersigned: (List Assets and Liabilities and use insert sheet if necessary.) ! vi de, ! tovi dde MIAMI SHORES VILLAGE 00420 -2 Citywide Road Resurfacing Project BIDDERS QUALIFICATION FORM BIDDERS QUALIFICATION FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 9. 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 name of all the partners. If a trade name, state the names of the individuals who do business under the trade name. It is absolutely necessary that this information be furnished.) Correct Name of Bidde (a) The business is a (Sole Proprietorship) (Partnership) (Corporation) or-Do ra-� a,i (b) The address of principal place of business is 2o-tor f,rl. n d (c) The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: I '�+°I l.-• W �f:7� -� P.�.� �i/ i C. e ���.5 i t�17.yL�+ 1��5�Si 5i" �G �t � ' I CGt�t rfiP' We& r6 -r 1L l l 'd f nee I D• S� MIAMI SHORES VILLAGE 00420 -3 Citywide Road Resurfacing Project BIDDERS QUALIFICATION FORM 44364 A`c " 4/17 /201 CERTIFICATE OF LIABILITY INSURANCE DATE (M /201 8 YYY) �. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Francys Tolon Commercial Lines - (305) 443 -4886 PHONE Ax (AIC, Na• E :t ;: 786.785.1126 �Ip,l� d� 7862649232 USI Insurance Services National, Inc. EMAIL franc s tolon usi.com ADDRESS: y • 'L 2601 South Bayshore Drive, Suite 1600 INSURER S) AFFORDING COVERAGE NAIC$1 Coconut Grove, FL 33133 INSURER A: Old Republic Insurance Company 24147 INSURED INSURER B: American Guarantee and Liability Insurance Com 26247 _ Weekley Asphalt Paving, Inc. INSURERC: AGCS Marine Insurance Company 22837 20701 Stirling Road INSURER D: INSURER E Pembroke Pines FL 33332 INSURER F: rnvFRAr;FS r1=RTIFIrATF MIIMRFR- 12955517 RFVISION NIIMRFR- See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A UL 5U11R -- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY JMM/DD1YYYYJ LIMITS A X COMMERCIAL GENERAL LIABILITY � . CLAIMS -MADE -" 1 OCCUR X MWZY 312426 03/01/2018 03/0112019 EACH OCCURRENCE PREMISES (Ea occurrence TEMISE rI(Ea occurrence) $ 1,000,000 $ _ 500,000 MF_O FXP (Any one person) $ 10,000 S 1,000,000 PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: S 2,000,000 GENERAL AGGREGATE POLICY n JE� n LOC PRODUCTS - COMPIOP AGG 5 2,000,000 OTHER: S A AUTOMOBILE LIABILITY X MWTB 312425 03/01/2018 03/01/2019 1N a L LI I Ea ..kWnt $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) S _ PROPERTYDAMAGE Per accident _ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLA LIAB X OCCUR X AUC593410904 03/01/2018 03/01/2019 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 EXCESS LIAB CLAIMS -MADE OED RETENTION $ S A AND EMPLOYERS' LIABILITY AND EMPS YERS'LSAILIT ANYPROPRIETOR /PARTNER /EXECUTIVE Y / N OFFICER /M EMBER EXCLUDED? C (Mandatory in NH) N/A MWC 31242700 03/01/2018 03/01/2019 X STATUTE ERH E.L EACH ACCIDENT S- 1,000,000 E . DISEASE -EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E DISEASE - POLICY LIMIT S 1,000,000 C Leased & Rented Equipment MX193071287 0310112018 03/01/2019 L &R Equipment $200,000 Dedu clible $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Bid No: 2018 - APR -01 - Citywide Roadway Resurfacing Project Miami Shores Village is listed as an additional insured with respects to the general liability, automobile liability and excess liability coverage CERTIFICATE HOLDER CANCELLATION Miami Shores Village SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10050 NE 2nd Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Miami Shores, FL 33138 AUTHORIZED REPRESENTATIVE 9,( The ACORD name and logo are registered marks of ACORD © 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) INSURANCE ADVISORY FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the Village requires appropriate coverages listing the Village of Miami Shores as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The Village of Miami Shores is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B +" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the Village: (NOTE: This list is not all inclusive, and the Village reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED $ 500,000.00 Any Auto General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products - Comp /Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense $ 5,000.00 (any one person) Garage Liability Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) To be determined All Owned Autos Bodily Injury (per accident) To be determined Scheduled Autos Property Damage To be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 MIAMI SHORES VILLAGE 00430 -1 Citywide Road Resurfacing Project INSURANCE ADVISORY FORM INSURANCE ADVISORY FORM CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Excess Liability Umbrella Form Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk Other As Risk Identified Each Occurrence To be determined Aggregate To be determined Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Limits based on Project Cost $ 300,000.00 To be determined MIAMI SHORES VILLAGE 00430 -2 Citywide Road Resurfacing Project INSURANCE ADVISORY FORM AGREEMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 AGREEMENT THIS CONTRACT, made and entered into on the 2018, by and between Florida, hereinafter called the Owner, and hereinafter called the Contractor. WITNESSETH: day of the Miami Shores Village, 1. That the Contractor, for the consideration hereafter fully set out, hereby agrees with the Owner as follows: That the Contractor shall furnish all the material, equipment and labor to perform all the work necessary to complete the "Alley Paving Project ", all in full and complete accordance to the Contract Documents, which are attached hereto and made a part thereof, as if fully contained herein. 2. That the Contractor shall commence the work performed under this Contract on a date to be specified in a written order by the Owner and shall fully complete all work within ninety (90) calendar days from said date. 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the Amount of Dollars ($ ) based on the unit and lump sum prices contained herein. 4. Partial payment shall be made on the basis of work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate, which is to be retained by the Owner until all work has been performed, completed and accepted by the Owner. 5. That upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills, and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this Contract shall be made within thirty (30) days after the completion by the Contractor of all work covered by this Contract and the acceptance of such work by the Owner. MIAMI SHORES VILLAGE 00500 -1 Citywide Road Resurfacing Project AGREEMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 6. It is mutually agreed between the parties hereto that time is of the essence of this Contract, and in the event construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner will retain the sum of One thousand Dollars ($1,000.00) per day for each calendar day thereafter, that the work remains uncompleted and the Owner is denied full Beneficial Occupancy of the Project, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of the Contract and the Surety Bond hereto attached for its faithful performance and payment, the Owner shall deem the surety of sureties upon such bond to be unsatisfactory or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall furnish, at its expense, within five days after the receipt of notice such surety or sureties as satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in a manner and form satisfactory to the Owner. 8. The rate of wages for all laborers, mechanics, and apprentices employed by the Contractor or any Subcontractor on the work covered by this Contract shall not be less than the prevailing rates of wages for similar skills or classifications. As provided in the Supplementary Conditions. 9. No additional work or extras shall be performed unless the same shall be duly authorized by appropriate action of the Owner. 10. That in the event either party brings suit for enforcement of this agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 11. The Contractor shall guarantee the complete project against poor workmanship and faulty materials for a period of not less than twelve (12) months, (unless longer period is stipulated in the Contract Documents) after final payment and shall immediately correct any defects, which may appear during this period upon notification by the Owner or the Engineer. MIAMI SHORES VILLAGE 00500 -2 Citywide Road Resurfacing Project AGREEMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 12. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, or from requirements of the specifications. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. 13. The Contractor shall only be authorized to work between the hours of 7:00 A. M. and 7:00 P. M., Monday through Friday, and no work shall be performed on Sunday or Holidays, unless otherwise approved by the Village. MIAMI SHORES VILLAGE 00500 -3 Citywide Road Resurfacing Project AGREEMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 14. The Contact for this project will be Scott Davis, Miami Shores Village, Public Works Director at (305) 795 -2210. The Contractor shall furnish the name, telephone number, pager number, and cellular phone number of the authorized representative(s) at the pre- construction conference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above, in sextuplet (61 counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. CONTRACTOR BY TITLE OWNER: WITNESS: DATE: MIAMI SHORES VILLAGE, a Florida ATTEST: Municipal Corporation Mayor Village Manager DATE: Village Clerk (Seal) APPROVED AS TO FORM AND CORRECTNESS: Village Attorney, Miami Shores Village Commission Approved: Date Contract Amount: $ (Written in Words) Contract Amount: $ MIAMI SHORES VILLAGE Citywide Road Resurfacing Project 00500 -4 CONSTRUCTION PAYMENT BOND Citywide Road Resurfacing Project BID # 2018 - APR -01 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): Village Clerk, at the Miami Shores Village Council 10050 NE 2nd Avenue Miami Shores, Florida 33138 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): Citywide-Road Resurfacing Project Bid 92018 - APR -01 Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company Signature: Name and Title: Signature Name and Title: (Corp. Seal) (Corp Seal) EJCDC No. 1910 -288 Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. MIAMI SHORES VILLAGE 00600 -1 Citywide Road Resurfacing Project Construction Payment Bond CONSTRUCTION PERFORMANCE BOND CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): Village Clerk, at the Miami Shores Village Council 10050 NE 2nd Avenue, Miami Shores, Florida 33138 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BID # 2018 - APR -01 Citvwide Road Resurfacing Pro'ect BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company Signature: Name and Title: SURETY (Corp. Seal) Company Signature: Name and Title: SURETY (Corp. Seal) Company Signature: Name and Title: (Corp. Seal) (Corp. Seal) MIAMI SHORES VILLAGE 00601 -1 Citywide Road Resurfacing Project ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS BID # 2018- APR -01 CITYWIDE ROADWAY RESURFACING PROJECT TO MIAMI SHORES VILLAGE We , hereby acknowledge and agree that as Contractors for furnishing the following: BID # 2018 - APR -01 Citywide Roadway Resurfacing Proiect within the limits of the Miami Shores Village, Florida, that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the Miami Shores Village against any and all legal liability or loss the Owner may incur due to failure to comply with such act. ignature of Authorized Representative Name and Title of Authorized Representative (Type or Print) STATE OF COUNTY OF Sworn to and subscribed before me in the State and County first mentioned above on the day of _'2012. Notary Public (Affix seal) My Commission Expires. MIAMI SHORES VILLAGE 00650 -1 Citywide Road Resurfacing Project GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 TABLE OF CONTENTS Page Article 1 - Definitions and Terminology .......................................................................................................... ..............................5 1.01 Defined Terms ............................................................................................................................ ..............................5 1.02 Terminology. ....................... ...... ..................................................................................... .............................. 9 Article2 - Preliminary Matters ........................................................................................................................ .............................11 2.01 Delivery of Bonds and Evidence of Insurance .................................................................... .............................11 2.02 Copies of Documents .............................................................................................................. .............................11 2.03 Commencement of Contract Times; Notice to Proceed .................................................... .............................11 2.04 Starting the Work ...................................................................................................................... .............................11 2.05 Before Starting Construction .......................................................................................... .............................12 2.06 Preconstruction Conference ................................................................................................... .............................12 2.07 Initial Acceptance of Schedules ............................................................................................. .............................12 Article 3 - Contract Documents: Intent, Amending, Reuse ...................................................................... .............................13 3.01 Intent ........................................................................................................................................... .............................13 3.02 Reference Standards ........................................................................................................ ............................... -. -13 3.03 Reporting and Resolving Discrepancies .............................................................................. .............................13 3.04 Amending and Supplementing Contract Documents ........................................................ .............................14 3.05 Reuse of Documents ............................................................................................................... .............................15 3.06 Electronic Data .......................................................................................................................... .............................15 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; ReferencePoints ............................................................................................................................ .............................16 4.01 Availability of Lands .................................................................................................................. .............................16 4.02 Subsurface and Physical Conditions .................................................................................... .............................16 4.03 Differing Subsurface or Physical Conditions ..................................................................... ............................... I7 4.04 Underground Facilities ............................................................................................................. .............................18 4.05 Reference Points ...................................................................................................................... .............................19 4.06 Hazardous Environmental Condition at Site ........................................................................ .............................19 Article5 - Bonds and Insurance ..................................................................................................................... .............................21 5.01 Performance, Payment, and Other Bonds ........................................................................... .............................21 5.02 Licensed Sureties and Insurers ............................................................................................. .............................22 5.03 Certificates of Insurance .......................................................................................................... .............................22 5.04 Contractor's Liability Insurance .............................................................................................. .............................22 5.05 Owner's Liability Insurance ..................................................................................................... .............................24 5.06 Property Insurance ................................................................................................................... .............................24 5.07 Waiver of Rights ........................................................................................................................ .............................26 5.08 Receipt and Application of Insurance Proceeds ................................................................. .............................27 5.09 Acceptance of Bonds and Insurance; Option to Replace.. .... - ............ ...................... ... -- .......................... 27 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... .............................27 Article6 - Contractor's Responsibilities ........................................................................................................ .............................28 6.01 Supervision and Superintendence ........................................................................................ .............................28 6.02 Labor; Working Hours ... - ........ ............................... .............................................................. .............................28 MIAMI SHORES VILLAGE 00700 -i Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 6.03 Services, Materials, and Equipment ..................................................................................... .............................28 6.04 Progress Schedule ................................................................................................................... .............................31 6.05 Substitutes and "Or- Equals.. ................................................................................................... .............................31 6.06 Concerning Subcontractors, Suppliers, and Others ........... ............................................... .............................34 6.07 Patent Fees and Royalties ...................................................................................................... .............................35 6.08 Permits ........................................................................................................................................ .............................36 6.09 Laws and Regulations ............ ............................................................................. ................................................. 36 6.10 Taxes .......................................................................................................................................... .............................37 6.11 Use of Site and Other Areas ................................................................................................... .............................37 6.12 Record Documents ................................................................................................................... .............................38 6.13 Safety and Protection ............................................................................................................... .............................38 6.14 Safety Representative... ........................................................................................ .............................................. 39 6.15 Hazard Communication Programs ........................................................................................ .............................39 6.16 Emergencies .............................................................................................................................. .............................39 6.17 Shop Drawings and Samples ................................................................................................. .............................39 6.18 Continuing the Work ................................................................................................................. .............................41 6.19 Contractor's General Warranty and Guarantee... ............................................................... .............................41 6.20 Indemnification .......................................................................................................................... .............................42 6.21 Delegation of Professional Design Services ....................................................................... .............................43 6.22 Patented Proprietary Materials .............................................................................................. .............................44 Article7 - Other Work at the Site ................................................................................................................... .............................44 7.01 Related Work at Site ................................................................................................................ .............................44 7.02 Coordination .............................................................................................................................. .............................45 7.03 Legal Relationships .................................................................................................................. .............................45 Article8 - Owner's Responsibilities ............................................................................................................... .............................45 8.01 Communications to Contractor .............................................................................................. .............................45 8.02 Replacement of Project Manager .......................................................................................... .............................45 8.03 Furnish Data .............................................................................................................................. .............................46 8.04 Pay When Due .......................................................................................................................... .............................46 8.05 Lands and Easements; Reports and Tests ......................................................................... .............................46 8.06 Insurance .................................................................................................................................... .............................46 8.07 Change Orders .......................................................................................................................... .............................46 8.08 Inspections, Tests, and Approvals ....................................................................................... .............................46 8.09 Limitations on Owner's Responsibilities ............................................................................... .............................46 8.10 Undisclosed Hazardous Environmental Condition ............................................................. .............................47 8.11 Evidence of Financial Arrangements .................................................................................... .............................47 8.12 Audits .......................................................................................................................................... .............................47 8.13 Records Retention......................... ........................................................................................... .............................47 Article 9 - Project Manager's Status During Construction ......................................................................... .............................48 9.01 Owner's Representative .......................................................................................................... .............................48 9.02 Visits to Site ............................................................................................................................... .............................48 9.03 Project Representative ............................................................................................................ .............................48 9.04 Authorized Variations in Work ................................................................................................ .............................49 9.05 Rejecting Defective Work ........................................................................................................ .............................49 9.06 Shop Drawings, Change Orders and Payments ................................................................ .............................49 9.07 Determinations for Unit Price Work ....................................................................................... .............................49 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work..... ... ............................... 50 9.09 Limitations on Project Manager's Authority and Responsibilities .................................... .............................50 Article10 - Changes in the Work; Claims .................................................................................................... .............................51 10.01 Authorized Changes in the Work ........................................................................................... .............................51 MIAMI SHORES VILLAGE 00700 -ii Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 10.02 Unauthorized Changes in the Work ......................................----.--.......................................... .............................51 10.03 Execution of Change Orders ................................................................................................--- ............................51 10.04 Notification to Surety ................................................................................................................ .............................52 10.05 Claims ......................................................................................................................................... .............................52 Article 11 - Cost of the Work; Allowances; Unit Price Work ..................................................................... .............................53 11.01 Cost of the Work ....................................................................................................................... .............................53 11.02 Unit Price Work....,--...- .............................. ....... -... - .............-- ... - -- ....................................--- ............................56 Article 12 - Change of Contract Price; Change of Contract Times... .................................................. . ............................... 56 12.01 Change of Contract Price ........................................................................................................ .............................56 12.02 Change of Contract Times ...................................................................................................... .............................58 12.03 Delays ......................................................................................................................................... .............................58 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ........... ............................... 59 13.01 Notice of Defects ....................................................................................................................... .............................59 13.02 Access to Work ....................................................................................................................... ............................... 59 13.03 Tests and Inspections .............................................................................................................. .............................59 13.04 Uncovering Work........ ......................................................................................... ............................ . .. ..................60 13.05 Owner May Stop the Work ...................................................................................................... .............................61 13.06 Correction or Removal of Defective Work ......................................................................... ............................... 61 13.07 Correction Period ...................................................................................................................... ........................ .....61 13.08 Acceptance of Defective Work ............................................................................................... .............................62 13.09 Owner May Correct Defective Work ................................................................................... ............................... 62 Article 14 - Payments to Contractor and Completion ................................................................................. .............................63 14.01 Schedule of Values .................................................................................................................. .............................63 14.02 Progress Payments.........,.....,... ............................................................................................... .............................63 14.03 Contractor's Warranty of Title ................................................................................................. .............................66 14.04 Substantial Completion ............................................................................................................ .............................67 14.05 Partial Utilization ....................................................................................................................... .............................67 14.06 Final Inspection ......................................................................................................................... .............................68 14.07 Final Payment ............................................. .... ....................................................................................................... 68 14.08 Final Completion Delayed ....................................................................................................... .............................70 14.09 Waiver of Claims ....................................................................................................................... .............................70 Article 15 - Suspension of Work and Termination ...................................................................................... .............................70 15.01 Owner May Suspend Work ..................................................................................................... .............................70 15.02 Owner May Terminate for Cause . .................................................................................... ......................... - - - -70 15.03 Owner May Terminate For Convenience ............................................................................. .............................72 15.04 Contractor May Stop Work or Terminate ............................................................................. .............................72 Article16 - Dispute Resolution ....................................................................................................................... .............................73 16.01 Methods and Procedures ........................................................................................................ .............................73 Article17 Miscellaneous ................................................... ......................................................................................................... 73 17.01 Giving Notice ....................................................................................................................... ........................... . ... .73 17.02 Computation of Times .............................................................................................................. .............................74 17.03 Cumulative Remedies .............................................................................................................. .............................74 17.04 Survival of Obligations ............................................................................................................. .............................74 17.05 Controlling Law ....... .................................................................................................................. .............................74 17.06 Headings .................................................................................................................................... .............................74 17.07 Contractor Purchased Equipment for Local Ownership .................................................... .............................74 MIAMI SHORES VILLAGE 00700 -iii Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 MIAMI SHORES VILLAGE 00700 -iv Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 ARTICLE 1 — DEFINITIONS 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 Project Manager 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). 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 Project Manager 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. MIAMI SHORES VILLAGE 00700 -5 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 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 Assurance — The contractor, sub - recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirement of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to cany out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 13. 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. 14. 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). 15. 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) complete the Work so that it is ready for final payment as evidenced by Project Manager's written recommendation of final payment. 16. Contractor — The individual or entity with whom Owner has entered into the Agreement. 17. Cost of the Work — See Paragraph 11.01.A for definition. 18. Drawings — That part of the Contract Documents prepared or approved by Project Manager 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. 19. 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. 20. Project Manager— The individual or entity named as such in the Agreement. 21. Field Order — A written order issued by Project Manager which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. MIAMI SHORES VILLAGE 00700 -6 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 22. General Requirements — Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition — The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens — Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone — A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. 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. 29. Notice to Proceed — A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 30. Owner — The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 31. PCBs — Polychlorinated biphenyls. 32. 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. 33. 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. 34. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -7 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 35. Project Manual — The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Related Entity — An officer, director, partner, employee, agent, consultant, or subcontractor. 38. Resident Project Representative — The authorized representative of Project Manager who may be assigned to the Site or any part thereof. 39. 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. 40. Schedule of Submittals — A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 41. 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. 42. 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. 43. 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. 44. 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 administrative requirements and procedural matters applicable thereto. 45. 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. 46. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Project Manager, 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 MIAMI SHORES VILLAGE 00700 -8 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 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. 47. Successful Bidder— The Bidder submitting a responsive Bid to whom Owner makes an award. 48. Supplementary Conditions — That part of the Contract Documents which amends or supplements these General Conditions. 49. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 50. 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. 51. Unit Price Work — Work to be paid for on the basis of unit prices. 52. 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. 53. 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 Project Manager 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 MIAMI SHORES VILLAGE 00700 -9 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager. 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 Project Manager 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 Project Manager 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 Project Manager'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). 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. MIAMI SHORES VILLAGE 00700 -10 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 "provide" 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 Documents, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance 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 furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. MIAMI SHORES VILLAGE 00700 -11 Citywide Roadway Resurfacing Project General Conditions 411191 GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager 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 subdivides 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, Project Manager, 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, Project Manager, and others as appropriate will be held to review for acceptability to Project Manager 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 Project Manager. 1. The Progress Schedule will be acceptable to Project Manager if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Project Manager 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 Project Manager if it provides a workable arrangement for reviewing and processing the required submittals. MIAMI SHORES VILLAGE 00700 -12 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 3. Contractor's Schedule of Values will be acceptable to Project Manager as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is 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 Documents. 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 Project Manager as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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 Regulations 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 Project Manager, 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 Project Manager, 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 responsibility 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 MIAMI SHORES VILLAGE 00700 -13 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Project Manager any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Project Manager before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Pen`on-nance 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 Project Manager 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 Project Manager for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 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 b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 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; MIAMI SHORES VILLAGE 00700 -14 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 2. Project Manager's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Project Manager's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing 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 Project Manager or Project Manager'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 Project Manager and specific written verification or adaptation by Project Manager. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Project Manager to Contractor or Contractor to Owner or Project Manager 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 data's creator. MIAMI SHORES VILLAGE 00700 -15 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Project Manager 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 Project Manager has used in preparing the Contract Documents. B. Limited Reliance by Contractoron 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 Project Manager, 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 MIAMI SHORES VILLAGE 00700 -16 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 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 subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Project Manager 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. Project Manager's Review: After receipt of written notice as required by Paragraph 4.03.A, Project Manager 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 Project Manager'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. MIAMI SHORES VILLAGE 00700 -17 Citywide Roadway Resurfacing Project General Conditions i1tell I ENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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, exploration, 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 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 Project Manager, 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 Project Managers, 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. 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 Project Manager by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Project Manager 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 MIAMI SHORES VILLAGE 00700 -18 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 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 Project Manager. Project Manager will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Project Manager 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 surveys (when available) to establish reference points for construction which in Project Manager'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 Project Manager 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 MIAMI SHORES VILLAGE 00700 -19 Citywide Roadway Resurfacing Project General Conditions ENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Condition identified at the Site, if any, that have been utilized by the Project Manager in the preparation of the Contract Documents. B. Limited Reliance by Contractoron 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 Project Manager, 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. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom 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 Project Manager (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Project Manager concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage 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. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -20 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Project Manager, 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 Project Managers, 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 consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Project Manager, 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 Project Managers, 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.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 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 A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as MIAMI SHORES VILLAGE 00700 -21 Citywide Roadway Resurfacing Project General Conditions ENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of 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 Project Manager 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 Insurance 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 MIAMI SHORES VILLAGE 00700 -22 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 sustained: 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: 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 Project Manager, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; MIAMI SHORES VILLAGE 00700 -23 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 insurance, 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 Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Project Manager, 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 MIAMI SHORES VILLAGE 00700 -24 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of Project Managers 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 Project Manager; 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 Project Manager 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 Project Manager, 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 certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -25 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 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 Project Manager, 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) 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 insurers 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 Project Manager, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, 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 Project Manager, 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 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have MIAMI SHORES VILLAGE 00700 -26 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 no rights of recovery against Contractor, Subcontractors, or Project Manager, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such 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 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 2.01.13. 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 MIAMI SHORES VILLAGE 00700 -27 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager 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 superintendent who shall not be replaced without written notice to Owner and Project Manager 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 Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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 Project Manager. 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. MIAMI SHORES VILLAGE 00700 -28 f Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. In the event that work to be performed involves equipment rental, a schedule of current industry- standard rates will be used. Contractor will be allowed to claim operating costs which may include items such as fuel, filters, oil, servicing, maintenance, and tire wear and repair. D. Buy American Act The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of 635.409 (a) of this subpart. 1. No Federal -aid highway construction project is to' be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: a. The project either: 1) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. 2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. 3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must: (i) Require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. 4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if MIAMI SHORES VILLAGE 00700 -29 Citywide Roadway Resurfacing Project General Conditions L7 GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 the cost of such materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. 1) A State may request a waiver of the provisions of this section if : a) The application of those provisions would be inconsistent with the public interest; or b) Steel and iron materials /products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. 2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator ( RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request. 3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. 4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. 5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the administrator for action. 6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. 7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived. MIAMI SHORES VILLAGE 00700 -30 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 c. Standard State and Federal -aid contract procedures may be used to assure compliance with the requirements of this section. No publicly -owned equipment shall be made available in connection to the construction work nor shall no public agency be permitted to bid in competition or to enter into subcontracts with private contractors. F. No public agency shall be permitted to bid in competition or to enter into subcontracts with private contractors. G. 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. H. No salvage credits shall be allowed as part of this bid for salvaged items. Salvaged items may be unused construction materials, salvaged highway appurtenances, or other equipment or material for which the useful life is greater than one year. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Project Manager 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 adjustments will comply with any provisions of the General Requirements 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 using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Project Manager for review under the circumstances described below. 1. "Or- Equal" Items: If in Project Manager's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Project Manager as an "or- equal" item, in which case review and approval of the proposed item may, in Project Manager's sole discretion, be MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -31 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Project Manager determines that: 1) it is at least equal in materials of 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: 1) 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 Project Manager'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 Project Manager 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 Project Manager from anyone other than Contractor. c. The requirements for review by Project Manager will be asset forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Project Manager may decide is appropriate under the circumstances. d. Contractor shall make written application to Project Manager 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 substitute item will: MIAMI SHORES VILLAGE 00700 -32 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 prejudice 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 Documents (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 c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available Project Managering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized estimate 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 Procedures: 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 Project Manager. Contractor shall submit sufficient information to allow Project Manager, in Project Manager'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 Project Manager will be similar to those provided in Paragraph 6.05.A.2. C. Project Managers Evaluation: Project Manager will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Project Manager may require Contractor to furnish additional data about the proposed substitute item. Project Manager will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Project Manager's review is complete, which will be evidenced by either a Change Order for a substitute or an MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -33 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 approved Shop Drawing for an "or equal." Project Manager will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Project Manager's Cost Reimbursement: Project Manager will record Project Manager's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Project Manager approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Project Manager for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Project Manager for making changes in the Contract 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 Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other 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 reasonable 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 constitute a waiver of any right of Owner or Project Manager to reject defective Work. C. Contractor shall be fully responsible to Owner and Project Manager for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: MIAMI SHORES VILLAGE 00700 -34 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Project Manager and any such Subcontractor, Supplier or other individual or entity, nor shall anything in the Contract Documents create any obligation on the part of Owner or Project Manager to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Project Manager through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Project Manager. 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 Project Manager„ 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 which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Project Manager its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. MIAMI SHORES VILLAGE 00700 -35 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Project Manager, 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 Project Managers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits 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 applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Project Manager 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 Project Managers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. MIAMI SHORES VILLAGE 00700 -36 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 of Site and Other Areas A. Limitation on Use of Site and Other Areas Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Project Manager, 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 Project Managers, 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, Project Manager, 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 completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. MIAMI SHORES VILLAGE 00700 -37 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Project Manager for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. 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 Drawings or Specifications or to the acts or omissions of Owner or Project Manager 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 directly 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 Project Manager has issued MIAMI SHORES VILLAGE 00700 -38 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 a notice to Owner and Contractor in accordance with Paragraph 14.07.6 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Project Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Project Manager determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Project Manager for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Project Manager may require. 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 Project Manager the services, materials, and equipment Contractor proposes to provide and to enable Project Manager to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Project Manager for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. MIAMI SHORES VILLAGE 00700 -39 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager may require to enable Project Manager 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 Project Manager'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 Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Project Manager 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 submitted to Project Manager for review and approval of each such variation. D. Project Manager's Review MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -40 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Project Manager will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Project Manager. Project Manager's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Project Manager's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Project Manager'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 Project Manager has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Project Manager'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 Project Manager and shall return the required number of corrected 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 Project Manager 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. Project Manager 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: MIAMI SHORES VILLAGE 00700 -41 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, 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 Project Manager; 2. recommendation by Project Manager or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Project Manager 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 acceptability by Project Manager; 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 Project Manager, 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 Project Managers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage 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 Project Manager or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the MIAMI SHORES VILLAGE 0070042 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager and Project Manager's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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 Project Manager 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 Project Manager. C. Owner and Project Manager 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 Project Manager have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Project Manager'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. Project Manager'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. MIAMI SHORES VILLAGE 00700 -43 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 6.22 Patented Proprietary Materials A. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 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 therefore, or have other work performed by utility owners. If such other work is not noted in the Contract 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 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Project Manager in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of MIAMI SHORES VILLAGE 00700 -44 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct 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. 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 Project Manager. 8.02 Replacement of Project Manager A. In case of termination of the employment of Project Manager, Owner shall appoint an Project Manager to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Project Manager. MIAMI SHORES VILLAGE 00700 -45 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Managering 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 Project Manager in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance 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. 8.09 Limitations on Owner's Responsibilities 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.. This Bid is excluded from Owner Force Account Construction Provision as per 23 CFR 635B under 635.205. MIAMI SHORES VILLAGE 00700 -46 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 8.12 Audits A. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must have a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A -133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A -1333 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A -133, the cost of the audit must be paid from non - federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A -133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than g months after the end of the recipient's fiscal year. 8.13 Records Retention A. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. MIAMI SHORES VILLAGE 00700 -47 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 ARTICLE 9 — PROJECT MANAGER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Project Manager will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Project Manager as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Project Manager. 9.02 Visits to Site A. Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as Project Manager 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, Project Manager, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Project Manager'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, Project Manager will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Project Manager's visits and observations are subject to all the limitations on Project Manager's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Project Manager's visits or observations of Contractor's Work Project Manager 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 Project Manager agree, Project Manager will furnish a Resident Project Representative to assist Project Manager 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 Project Manager'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. MIAMI SHORES VILLAGE 00700 -48 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 9.04 Authorized Variations in Work A. Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner 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. Project Manager will have authority to reject Work which Project Manager believes to be defective, or that Project Manager 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. Project Manager will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Project Manager's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Project Manager'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 Project Manager's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Project Manager's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Project Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Project Manager will review with Contractor the Project Manager's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Project Manager's written decision thereon will be final and binding (except as modified by Project Manager to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. MIAMI SHORES VILLAGE 00700 -49 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Project Manager 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 Project Manager in writing within 30 days of the event giving rise to the question B. Project Manager 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 Project Manager's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Project Manager's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Project Manager will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Project Managers Authority and Responsibilities A. Neither Project Manager's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Project Manager 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 Project Manager shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Project Manager 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. Project Manager 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. Project Manager will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Project Manager 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. Project Manager'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 MIAMI SHORES VILLAGE 00700 -50 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 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 A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Project Manager covering: 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 Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and MIAMI SHORES VILLAGE 00700 -51 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Project Manager pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Project Manager's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Project Manager for decision. A decision by Project Manager shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Project Manager and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Project Manager and the other party to the Contract within 60 days after the start of such event (unless Project Manager allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Project Manager and the claimant within 30 days after receipt of the claimant's last submittal (unless Project Manager allows additional time). C. Project Manager's Action: Project Manager will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or MIAMI SHORES VILLAGE 00700 -52 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 3. notify the parties that the Project Manager is unable to resolve the Claim if, in the Project Manager's sole discretion, it would be inappropriate for the Project Manager to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Project Manager does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Project Manager's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.6, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.6. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor MIAMI SHORES VILLAGE 00700 -53 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Project Manager, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Project Managers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Project Manager, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within MIAMI SHORES VILLAGE 00700 -54 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 the deductible amounts of property insurance established in accordance with Paragraph 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. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, Project Managers, architects, estimators, attorneys, 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 11.01.A and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is MIAMI SHORES VILLAGE 00700 -55 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Project Manager an itemized cost breakdown together with supporting data. E. 11.02 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the 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 Project Manager 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 significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party MIAMI SHORES VILLAGE 00700 -56 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 making the Claim to the Project Manager 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 application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (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 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.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 11.01.A.4, 11.01.A.5, and 11.01.6; 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 MIAMI SHORES VILLAGE 00700 -57 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 12.01.C.2.e, inclusive. 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 Project Manager 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 contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Project Manager, 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, Project Manager 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 Project Managers, architects, attorneys, and other professionals and all MIAMI SHORES VILLAGE 00700 -58 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager 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, Project Manager, 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 Tests and Inspections A. Contractor shall give Project Manager 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 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection MIAMI SHORES VILLAGE 00700 -59 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS J CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 therewith, and furnish Project Manager 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 Project Manager'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 Project Manager. 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 Project Manager, it must, if requested by Project Manager, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager 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 Project Manager, it must, if requested by Project Manager, be uncovered for Project Manager's observation and replaced at Contractor's expense. B. If Project Manager considers it necessary or advisable that covered Work be observed by Project Manager or inspected or tested by others, Contractor, at Project Manager's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Project Manager 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 Project Managers, 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 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. MIAMI SHORES VILLAGE 00700 -60 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. 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 Project Manager, 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 Project Managers, 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 6.11.A 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 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. MIAMI SHORES VILLAGE 00700 -61 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 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 removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of Project Managers, 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 Project Manager's recommendation of final payment, Project Manager) 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 Project Managers, 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 Project Manager 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 Project Manager'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 Project Manager to correct defective Work or to remove and replace rejected Work as required by Project MIAMI SHORES VILLAGE 00700 -62 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Manager 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 possession 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 Project Manager and Project Manager'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 Project Managers, 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. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Project Manager. 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 Project MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project L 00700 -63 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 Manager 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. Project Manager 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 Project Manager's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Project Manager's recommendation of any payment requested in an Application for Payment will constitute a representation by Project Manager to Owner, based on Project Manager's observations on the Site of the executed Work as an experienced and qualified design professional and on Project Manager's review of the Application for Payment and the accompanying data and schedules, that to the best of Project Manager's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, 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 Project Manager's responsibility to observe the Work. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -64 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 3. By recommending any such payment Project Manager 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 responsibilities specifically assigned to Project Manager 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 Project Manager's review of Contractor's Work for the purposes of recommending payments nor Project Manager's recommendation of any payment, including final payment, will impose responsibility on Project Manager: 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 e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Project Manager may refuse to recommend the whole or any part of any payment if, in Project Manager's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Project Manager may also refuse to recommend any such payment or, because of subsequently 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 Project Manager's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; 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 MIAMI SHORES VILLAGE 00700 -65 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 d. Project Manager 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 Project Manager'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 Project Manager because: a. claims have been made against Owner on account of Contractor's performance or furnishing 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 Project Manager, Owner will give Contractor immediate written notice (with a copy to Project Manager) 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. MIAMI SHORES VILLAGE 00700 -66 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Project Manager in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Project Manager issue a certificate of Substantial Completion. B. Promptly after Contractor's notification„ Owner, Contractor, and Project Manager shall make an inspection of the Work to determine the status of completion. If Project Manager does not consider the Work substantially complete, Project Manager will notify Contractor in writing giving the reasons therefor. C. If Project Manager considers the Work substantially complete, Project Manager 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 Project Manager as to any provisions of the certificate or attached list. If, after considering such objections, Project Manager concludes that the Work is not substantially complete, Project Manager 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, Project Manager considers the Work substantially complete, Project Manager will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Project Manager believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Project Manager will deliver to Owner and Contractor a written recommendation 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 Project Manager in writing prior to Project Manager's issuing the definitive certificate of Substantial Completion, Project Manager'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, Project Manager, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by MIAMI SHORES VILLAGE 00700 -67 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. 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 Project Manager that such part of the Work is substantially complete and request Project Manager to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Project Manager in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Project Manager 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 Project Manager shall make an inspection of that part of the Work to determine its status of completion. If Project Manager does not consider that part of the Work to be substantially complete, Project Manager will notify Owner and Contractor in writing giving the reasons therefor. If Project Manager 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, Project Manager 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 After Contractor has, in the opinion of Project Manager, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract 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. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -68 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Project Manager's Review of Application and Acceptance If, on the basis of Project Manager's observation of the Work during construction and final inspection, and Project Manager's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Project Manager is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Project Manager will, within ten days after receipt of the final Application for Payment, indicate in writing Project Manager's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Project Manager will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Project Manager will return the Application for Payment to Contractor, indicating 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 documentation, the amount recommended by Project Manager, less any sum Owner is entitled to set off against Project Manager's recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to Contractor. MIAMI SHORES VILLAGE 00700 -69 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Project Manager so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Project Manager, 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 furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Project Manager 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 Project Manager 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 adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers MIAMI SHORES VILLAGE 00700 -70 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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 Project Manager; 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: 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 15.02.6, 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 Project Managers, 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 Project Manager as to their reasonableness and, when so approved by Project Manager, 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 15.02.13 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. MIAMI SHORES VILLAGE 00700 -71 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Project Manager, 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): 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 Project Managers, 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) Project Manager 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 Project Manager, and provided Owner or Project Manager 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 Project Manager 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 Project Manager, 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 MIAMI SHORES VILLAGE 00700 -72 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 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. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Project Manager 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, Project Manager'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 their 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: 1. 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. MIAMI SHORES VILLAGE 00700 -73 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the 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. 17.07 Contractor Purchased Equipment for Local Ownership (a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or sub grantee will vest upon acquisition in the grantee or sub grantee respectively. (b) States. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. Other grantees and sub grantees will follow paragraphs (c) through (e) of this section. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -74 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 (c) Use. (1) Equipment shall be used by the grantee or sub grantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a Federal agency. (2) The grantee or sub grantee shall also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. User fees should be considered if appropriate. (3) Notwithstanding the encouragement in Sec. 18.25(a)to earn program income, the grantee or subgrantee must not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent seryices, unless specifically permitted or contemplated by Federal statute. (4) When acquiring replacement equipment, the grantee or subgrantee may use the equipment to be replaced as a trade -in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. (d) Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet the following requirements: (1) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. MIAMI SHORES VILLAGE 00700 -75 Citywide Roadway Resurfacing Project General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 (2) A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. (4) Adequate maintenance procedures must be developed to keep the property in good condition. (5) If the grantee or sub grantee is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e) Disposition. When original or replacement equipment acquired under a grant or subgrant is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: (1) Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of with no fudher obligation to the awarding agency. (2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. (3) In cases where a grantee or sub grantee fails to take appropriate disposition actions, the awarding agency may direct the grantee or sub grantee to take excess and disposition actions. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -76 General Conditions GENERAL CONDITIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 (f) Federal equipment. In the event a grantee or sub grantee is provided federally -owned equipment: (1)Title will remain vested in the Federal Government (2) Grantees or sub grantees will manage the equipment in accordance with Federal agency rules and procedures, and submit an annual inventory listing. (3) When the equipment is no longer needed, the grantee or sub grantee will request disposition instructions from the Federal agency. (g) Right to transfer title. The Federal awarding agency may reserve the right to transfer title to the Federal Government or a third part named by the awarding agency when such a third party is otherwise eligible under existing statutes. Such transfers shall be subject to the following standards: (1) The property shall be identified in the grant or otherwise made known to the grantee in writing, (2) The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired. If the Federal awarding agency fails to issue disposition instructions within the 120 calendar - day period the grantee shall follow Sec. 18.32(e). (3) When title to equipment is transferred, the grantee shall be paid an amount calculated by applying the percentage of participation in the purchase to the current fair market value of the property. MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project 00700 -77 General Conditions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 DEFINITIONS Add the following: A. The term(s) "or equal" or "approved equal," shall be interpreted to mean an item or material or equipment similar to that named and which is suited to the same use and capable of performing the same function and be of the same quality as that named. Such material or equipment shall be subject to approval by the Project Manager. B. The term Acceptance, shall be interpreted to mean that the Owner of the work is satisfied that it is fully complete and in accordance with the Contract Documents. C. The term Affidavit shall be interpreted as the instrument which is to be signed by the Contractor and submitted to the Owner, upon completion of that job, showing that all bills have been paid. It shall also mean such instrument that may be requested by the Owner incident to partial payments. D. The term Approval shall be interpreted as the item in question is accepted as satisfactory. E. The term Article, shall be interpreted as the prime subdivision of a section of these or any other referenced Specifications, the instructions to Bidders, the Special Conditions and the General Conditions. F. The term Materials shall be interpreted as any substance proposed to be used in connection with the construction of any structure, facility or appurtenance, or of other work under the contract. G. The term "Provided ", as used in the Specifications upon the Drawings, shall be understood to mean "provided complete in place ", that is, "furnished and installed ". Where "as shown," "as indicated ", "as detailed ", or words of similar importance are used, it shall be understood that the references to the Drawings and /or Specifications accompanying these documents are intended unless otherwise expressly stated. H. The words "furnish ", "furnish and ", "install', and "provide" or words with similar meaning shall be interpreted unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service ". MIAMI SHORES VILLAGE 00800 -1 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 2. AWARD OF CONTRACT The award of the contract, if it is awarded, will be to the lowest responsible, responsive Bidder. No Notice of Award will be given until the Owner has concluded such investigations as he deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the Owner within the time prescribed. The Owner reserves the right to reject the Bid of any Bidder who does not pass such investigation to the Owner's satisfaction. In analyzing Bids, the Owner may take into consideration alternates and unit prices, if requested by the Bid forms. If the Contract is awarded, the Owner will issue the Notice of Award and give the successful Bidder a contract for execution within one hundred and eighty (180) days after the opening of Bids. 3. FORFEITURE OF BID SECURITY Failure of the successful Bidder to execute and deliver the Agreement and deliver the required Bonds and proof of insurance to the Owner within seven (7) calendar days of receipt of the Notice of Award from the Owner, shall be just cause for the Owner to annul the Notice of Award and declare the Bid and any security therefore forfeited. 4. QUALIFICATION OF SUB CONTRACTORS MATERIAL AND SUPPLIERS Within three (3) working days of the bid opening, the Contractor will submit to the Project Manager for acceptance a list of the names of sub contractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the work as to which the identity of the subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) working days after receiving the list, the Project Manager will notify the Contractor in writing, after due investigation, has reasonable objection to any subcontractor, person or organization on such list. The failure of the Project Manager to make objection to any subcontractor, person or organization on the list within thirty (30) days of receipt shall constitute an acceptance of such subcontractor, person or organization. Acceptance of any such subcontractor, person or organization shall not constitute a waiver of any right of the Owner to reject defective work, material or equipment or work material or equipment not in conformance with the requirements of the contract documents. 5. DELIVERY OF BONDS Add to Para -graph 2.01: Failure of the successful Bidder to execute the Agreement and deliver the required Bonds within seven (7) calendar days of the Notice of Award shall be just cause for the Owner to annul the award and declare the Bid and any guarantee thereof forfeited. MIAMI SHORES VILLAGE 00800 -2 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 6. COPIES OF DOCUMENTS Add the following to paragraph 2.02: The Contractor will be furnished, free of charge, up to five (5) copies of the drawings and specifications in lieu of the ten (10) copies as stated. 7. CHANGE OF THE CONTRACT TIME Add paragraph 12.04: Because this is a calendar day contract, normal rainfall, weather and climatic conditions, which may be reasonably expected, are not considered grounds for an extension of contract time. PAYMENTS TO CONTRACTOR AND COMPLETION Add the following to paragraph 14.07: The certificate of completion will not be issued nor the final payment made until all punch list items have been completed. CONTRACTOR'S LIABILITY INSURANCE Refer to General Condition 5.04 and Document 00430: The Contractor will, at his own expense, purchase and maintain such insurance as will protect the Owner and the Contractor from claims under workmen's compensation laws, disability benefit laws or other similar employee laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, or any person other than his employees, including claims insured by usual personal injury liability coverage; from claims for injury to or destruction of tangible property including loss of use resulting therefrom - any or all of which may arise out of or result from the Contractor's operations under the Contract Documents, whether such operations are by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts may be legally liable. This insurance shall be written for not less than $1,000,000.00 combined single limit per occurrence (no aggregate limitation) or as required by law, whichever is greater, and shall include contractual liability insurance. Before starting the work, the Contractor will file with the Owner certificates of such insurance, acceptable to the Owner; these certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least fifteen (15) days after written notice is given to the Owner. These policies shall be written to cover the Contractor and Owner jointly. OWNERS INDEMNITY Refer to General Conditions 6.20: A. The Contractor shall obtain, maintain and furnish to the Owner during the life of this Contract, full Owner's Protective Liability Insurance that will protect the Owner against all losses or claims, which may arise from operations under the Contract Documents. MIAMI SHORES VILLAGE 00800 -3 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 B. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Owner and their officers, agents, and employees, against and from all claims and liability arising under or by reason of the Contract or any performance of the Work, but not from the sole negligence or willful misconduct of the Owner. Such indemnification by the Contractor shall include but not be limited to the following: 1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the Contractor or its agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor or its agents. 2. Liability or claims arising directly or indirectly from or based on the violation of any law, ordinance, regulation, order, or decree, whether by the Contractor or its agents. 3. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor, its agents, or the Owner in the performance of this Contract of any copyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract. 4. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the Owner or any other parties by the Contractor or its agents. 5. Liabilities or claims adding directly or indirectly from the willful misconduct of the Contractor or its agents. 6. Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by the Contractor. C. The Contractor shall reimburse the Owner, for all costs and expenses, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) incurred by said Owner in enforcing the provisions of this Paragraph. D. The indemnification obligation under this Paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or any such subcontractor or other person or organization under worker's compensation acts, disability benefit acts, or other employees benefit acts. 10. PROPERTY INSURANCE Refer to General Conditions 5.06: A. The Contractor shall, at his own expense, obtain and maintain property insurance and furnish to the Owner during the life of this Contract the full insurable value of the project. This insurance shall include the interests of the Owner, the Contractor and Subcontractors in the work shall insure against the perils of Fire, Extended Coverage, Vandalism and Malicious Mischief. MIAMI SHORES VILLAGE 00800 -4 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 B. The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this Article, except such rights as they may have to the proceeds of such insurance. The Contractor shall require similar waivers by Subcontractors. C. The Bidder is alerted to the fact that the Contractor shall provide an All -Risk Builder Risk Insurance for all above ground construction on the job. 11. SALES TAX Refer to General Conditions 6.10: The Contractor shall familiarize himself with the requirements and procedures as applicable of the State of Florida pertaining to the exemption from State Sales Tax as it may apply to the Owner. 12. INDEMNITY Refer to General Conditions 6.20: The Bid Items for Payment and Performance Bond premium and consideration for indemnification to Owner are included in the Schedule of Prices and must be completed by the Bidder in order to comply with Florida Statute 725.06. 13. OWNER'S RESPONSIBILITY Refer to General Condition 8.05: Delete the second sentence in Paragraph 8.05 of the General Conditions in its entirety. 14. SUBSTANTIAL COMPLETION Refer to General Conditions 14.04: A, Amend the first three (3) lines of Paragraph 14.04A of the General Conditions to read as follows: "When Contractor" considers part of the Work described as Beneficial Occupancy is ready for its intended use; Contractor shall in writing to, certify that such Work is able to be used by Owner." B. Amend Paragraph 14.04B of the General Conditions to read as follows: "Owner shall have the right to exclude Contractor from the substantially completed portion of the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the inspection punch list." 15. PERMITS The Contractor will be required to obtain all required permits, including any permits from the Miami Shores Village, prior to the start of construction. MIAMI SHORES VILLAGE 00800 -5 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 16. LAWS AND REGULATIONS Refer to General Conditions 6.09: A. The Contractor shall obey all applicable Federal, State and local laws including but not limited to the ones listed below. B. The Contractor shall comply with Executive Order No. 11246, entitled "Equal Opportunity Employment," as amended by Executive Order No. 11275, and as supplemented in Department of Labor Regulations (No. 41 CFR, Chapter 60). C. The Copeland "Anti- Kickback" Act (18 U.SC. Section 874), as supplemented in U.S. Department of Labor Regulations (29 CFR, Chapter 60). D. All applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970 (40 U.S.C. Section 1857 et. seq.) as amended and the Federal Water Pollution Control Act (33 USC. Section 1251 et seq.) as amended. E. The Florida State Statute 446.101 Apprentice and Training Employment Regulations. F. Florida Industrial Code No. 8C as amended and especially 8C -29 (CB- 1958), Florida Department of Commerce, Bureau of Workmen's Compensation. 17. REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS Refer to General Conditions 14.02: Owner shall, within thirty (30) days of presentation to him of the Application for Payment pay Contractor the amount recommended. This is in lieu of ten (10) days. 18. PARTIAL AND FINAL PAYMENT PROCEDURES Refer to General Conditions 14.07: A. If the work progresses according to this Contract, the Contractor will be paid each month, 90 percent of the value of the work completed during the preceding month. For the purpose of preparing a monthly estimate for partial payment, the Contractor will make an approximate estimate of the value of all work done as of the last day of each calendar month, and will deduct 10 percent thereof and all previous payments and charges, and the balance will be paid by the Owner to the Contractor on or about thirty days after the submittal to the Owner. The Owner's Project Manager shall review, revise and correct, if necessary, and then approve the estimate for partial payment before it is submitted to the Owner. The 10 percent, which is deducted each month, is reserved by the Owner as a partial guaranty to it of the faithful execution of this Contract. As a consideration of such payment of 90 percent, the Owner shall have the right to enter upon and put into proper service any or all parts of the work which may be in condition for use; however, such use shall neither be construed as the final acceptance nor the commencement of the 1 -year guarantee bond period for any or all parts of the work, unless final acceptance is made for the complete project at that time. No claim or charge is to be made by the Contractor for such use, nor is such use to be construed as an acceptance by the Owner of any part of the work so used. MIAMI SHORES VILLAGE 00800 -6 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 B. Upon receipt of written notice from the Contractor that the work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, the Owner's Project Manager shall promptly examine the work and, making such tests as he may deem proper and using all of the care and judgment normally exercised in the examination of completed work by a properly qualified and experienced professional engineer, shall satisfy himself that the Contractor's statement appears to be correct. He shall then inform the Owner in writing that he has examined the work and that it appears to conform to the Contract Drawings Specifications and any approved Change Orders and that therefore he recommends acceptance and final payment to the Contractor. However, it is agreed by the Owner and the Contractor that such statement by the Owner's Project Manager does not in any way relieve the Contractor from his responsibility to deliver a completed job in good and workmanlike condition, and does not render the Project Manager or the Owner liable for any faulty work done or materials used by the Contractor. C. The Owner's Project Manager will then make a final estimate of the value of all work done and will deduct therefrom all previous payments which have been made. The Owner's Project Manager will report such estimate to the Owner together with his recommendation as to the acceptance of the work or his findings as to any deficiencies therein. Such recommendation as to the acceptance of the work by the Owner's Project Manager will be made to his best knowledge and behalf. After receipt and acceptance by the Owner of the properly executed Affidavit and the Release of Lien and within sixty (60) days after approval of the Project Manager's estimate and recommendation by the Owner, the amount of the estimate, less any charges or damages herein provided for, will be paid. Upon such final payment, the Owner shall be released by the Contractor from all liability whatever growing out of this Contract,' except for the balance, if any, of such amount as may have been retained to cover charges, claims or damages, as specified; and if the Owner is satisfied that no such charges, claims or damages exist or will arise, no such amount will be retained. All prior estimates are subject to correction in the final estimate. D. Each request for a partial payment shall be submitted on an Application for Payment Form shown on Pages 00800 -25 and 27, which shall be accompanied by an executed copy of the Certification of Contractor shown on Page 00800 -27. E. Measurement and payment for work items for which direct payment is provided will be achieved as required by the Technical Specifications. When no direct payment for work or materials is required in General Conditions, the Special Conditions, the Proposal, the sections of the Technical Specifications or in other parts of the Contract Documents or shown, indicated or noted on the Drawings, compensation therefor shall be included in the Contract Unit or Lump Sum Prices for the several pay items under this Contract and shown and listed in the Proposal. F. When the work has been completed, the Contractor shall execute a Final Release of Lien and an Affidavit declaring that all bills have been paid in full. G. These documents will be furnished to the Owner in a form similar to those, which appear on Pages 00800 -28 and 00800 -29. MIAMI SHORES VILLAGE 00800 -7 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 19. FORUM/VENUE In the event of any dispute and /or legal action arising from the interpretation and /or the performance of any of the documents and /or contracts in this Manual, Owner and Contractor hereby agree that the proper forum for resolving these disputes and /or legal actions shall be the courts in Miami -Dade County, Florida. 20. ATTORNEY'S FEES In the event of any dispute and /or legal action arising from an interpretation and /or the performance of any of the documents and /or contracts in this Manual, Owner and Contractor hereby agree that the prevailing party shall be awarded reasonable attorney's fees and costs, including but not limited to, the cost of paralegals, accountants and attorney's fees and costs of appellate proceedings, if applicable. 21. INDEMNIFICATION AND HOLD HARMLESS Notwithstanding anything to the contrary in this Supplementary Condition, the general conditions and /or any other documents in this Manual, and in consideration of the sum of $10.00 paid by Owner to Contractor, the Contractor hereby agrees to indemnify and hold Owner harmless from any costs, expenses, damages and /or liability to the Owner arising from Contractor's Work. 22. EXPRESS WARRANTIES Notwithstanding any provisions to the contrary under this Supplemental Conditions, the general conditions and /or any other document in this Manual, Contractor expressly warrants all labor and materials used in the Work for a period of one (1) year from the date Final Payment (unless a longer period is specified in Technical Specifications) is received by the Contractor. 23. PROHIBITED MATERIALS Pursuant to Chapter 83 -174, Laws of Florida, the use of asbestos or asbestos -based materials is strictly prohibited. 24. NO DAMAGES FOR DELAY No payment, compensation, increase in contract price or adjustment of any kind (other than the extension of time provided for) shall be made to the Contractor for damages because of hindrances, disruptions or delays from any cause whatsoever in the progress of the work, including, but not limited to, hindrances, disruptions or delays caused by acts of the Owner, other contractors, subcontractors, suppliers, material -men, architects and /or engineers whether such hindrances, disruptions or delays be avoidable or unavoidable. The Contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, or acceleration in the work, and will accept in full satisfaction for such delays, disruptions, hindrances or acceleration in the work said extension of time. MIAMI SHORES VILLAGE 00800 -8 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 25. COOPERATION OF CONTRACTOR In the event that the Project Manager must contact the Contractor to perform emergency repair work to correct hazardous or unsafe conditions or problems relating to public health or welfare as a result of or associated with the project construction, the Contractor shall provide the name and twenty -four (24) hours telephone number of the job superintendent. In addition, the Contractor shall provide a toll free telephone number to his business office for use during business hours of 7:00 AM to 7:00 PM, Monday to Friday. 26. PAYMENT ITEMS Any work not specifically mentioned in the payment items listed in the Proposal, but indicated on the Plans and /or Specifications, shall be considered as incidental to one (1) or more of the payment Items, and no claim for additional compensation will be allowed, and it shall be assumed that the cost therefore is included in the prices bid for the various items in the Contract. The Bidder shall not add to the listed Items nor combine any of the Items. 27. UNDERGROUND GAS PIPELINES The Florida Legislature recently passed legislation (CS -645) pertaining to the protection of underground gas pipelines and related facilities. This legislation requires, in part, that persons making excavations in public or private streets obtain information on the location of underground gas pipelines and provide notice of intent to excavate. Further provisions of this legislation include: Requiring the marking of underground gas pipelines by the owner upon notice of intent to excavate; prohibiting the issuance of excavation permits unless such notice has been given; requiring notice of damage to or dislocation of underground gas pipelines by the excavator; providing for emergency excavation without notice; and prescribing liability of excavator for negligence. 28. CONSTRUCTION SCHEDULE Prior to the beginning of any work under this Contract, the Contractor shall meet with the various utility companies concerned and the Miami Shores Village Project Manager. The purpose of this meeting is to coordinate all aspects of the work to be accomplished under this Contract. The Contractor shall submit a detailed sequence of construction to the Village. Scheduling of all work shall be as approved by the Village Project Manager. 29. STORAGE SITE The City will discuss the storage site locations on the preconstruction meeting. 30. DISPOSAL OF MATERIAL Surplus excavated material, debris and any other disposable material shall be removed from the site and disposal as appropriate at the Contractor expenses unless otherwise directed by the Project Manager. The Contractor shall be responsible for the disposal of all used materials, materials of excavation and debris in a legal and environmental acceptable manner. MIAMI SHORES VILLAGE 00800 -9 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 31. TRAFFIC CONTROL The Traffic Section of the Miami Shores Village Department of Public Works will control traffic during construction. Traffic shall be maintained at all times and where directed by the Village Project Manager. A MOT plan and traffic permit must be approved and required by the Department of Department of Public Works. Sufficient lights, barricades and traffic signs shall be provided, placed and maintained by the Contractor at all times in order to properly safeguard traffic and the public. Traffic shall be maintained at all times, where directed by the Village Project Manager. In the event that any street must be closed to traffic or detoured, it shall be closed or detoured only after approval of the Department of Public Works of the Miami Shores Village. The following additional requirements will also be enforced: All traffic control devices used on local street construction shall conform to the standards and specifications of Miami -Dade Traffic Division. All necessary detours, including erection of signs and keeping all detour streets clean of any obstacles that may restrict the continuous flow of traffic. On all streets, at least one lane shall be available for vehicular traffic at all times. Steel plates or bridging capable of supporting H -20 loading and temporary asphalt pavement shall be used where necessary to comply with these requirements. 32. CERTIFICATE OF COMPETENCY AND LICENSES REQUIRED As a prerequisite to the submission of a Bid, the Bidder shall hold a valid Certificate of Competency or State Contractor's Certificate of Registration, in the appropriate trade required for the work, including a valid Miami -Dade County General Engineering Contractor License issued by the appropriate board of Miami -Dade County. The County - Municipal Occupational License issued by Miami -Dade County is based upon a Certificate of Competency from the Miami -Dade County Board of Contractors Examiners. Bidders not already approved by this Board may have difficulty in obtaining a License because of the time requirements. If you are interested, we suggest an early investigation into this requirement. Details may be obtained from: MIAMI -DADE COUNTY PUBLIC WORKS DEPARTMENT 111 NW 15t Street, 16th Floor Miami, FL 33128 / Tel: (305) 375 -2705 33. DESCRIPTION OF PROPOSAL The proposal has been broken up into various bid items for convenience in evaluating bids, and administering the contract. The price quoted for each proposal item shall include all costs for labor, materials, and equipment necessary to construct the improvements in accordance with the Specifications and /or Plans. Items of work not specifically mentioned but necessary to create a finished and complete work product shall be assumed to be a part of one (1) or more Proposal Items and shall be furnished and the price therefore is included in such item or items. MIAMI SHORES VILLAGE 00800 -10 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 A Contract will be awarded for the Total Bid only. No separate awards shall be made for the individual bid sections, if any, or for individual proposal items. TOTAL BID is the sum of the Bid Items. The Contractor shall perform the Services described in the Proposal, plans and Specifications. The Services included but are not limited to the services outlined in the Proposal herein and services may be required to bring a complete and quality work product at no extra cost to the Village. The work shall be performed in a sound, economical, efficient and professional manner and within the time and manner required in the Specification and Contract Documents. The Contractor shall perform the work in close coordination with the Village Project Manager. The Contractor shall provide all constructing services comprising the work and shall be fully responsible for all the services performed. The Village's review and approval of the work will relate only to overall compliance with the general requirements of the work and whenever the term "Approval by the Village" or like term is used in this work, the phraseology shall in no way relieve the Contractor from any duties or responsibilities. The Contractor shall, in the performance of the work, comply with all Federal, State and Local codes, Ordinances and Regulations pertaining to the work. 34. RESPONSIBILITY OF THE CONTRACTOR The Contractor shall schedule his work in such a manner and provide the proper supervision so as to cause the minimum of conflict or delay to the work of utility companies working within the area. The Contractor will be held responsible for any delay in time and /or damage to existing structures, foundations, utilities, or other existing features because of omission or neglect by himself or his employees. Any property damage by his operations shall be replaced to its original condition at no extra cost to the Village. The Village Project Manager will be the mediator in all such cases wherein the contractors or the utility companies are in dispute concerning lost time or property damages. The Contractor shall abide by these judgments and decisions in all cases. If the contractor's performance of this contract is delayed by acts of the Village or others subcontractors, suppliers and contractors, material -men, architects and /or engineers, the Contractor may request an extension of time from the Village in writing within twenty (20) days of the event by which the delay occurred, but the Contractor shall not be entitled to an increase in the contract price or claims or damages because of the delay or because of any acceleration in its work. 35. SUPERVISION It is neither the Village intention nor responsibility to coordinate the many activities of the Contractor necessary to complete a project. The Village responsibility is to see that the project is carried on in accordance with the Plans and Specifications. In many of our past jobs we have experienced difficulty because of the lack of adequate superintendents. THE CONTRACTOR IS HEREBY ALERTED, AS PART OF THIS CONTRACT DOCUMENTS, THAT A COMPETENT SUPERINTENDENT SHALL BE IN RESPONSIBLE CHARGE OF THE JOB AT ALL TIMES AND THAT ALL WORK SHALL BE DOCUMENTED IN A DAILY DIARY. MIAMI SHORES VILLAGE 00800 -11 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 36. CLEAN -UP OF CONSTRUCTION AREA Upon completion of construction, the project site shall be cleaned to the better existing condition and satisfaction of the Village Project Manager. All trash and other construction debris shall be removed from the job site on a daily basis at no additional expense to the Village. 37. PERMITS AND FEES Refer to Section 01740 of the Technical Specifications. 38. DEFACING OF NEW AND EXISTING CONCRETE AND PAVEMENT It shall be the Contractor's responsibility to preserve the condition of existing and newly constructed concrete sidewalk, curb and /or gutter and pavement. Any damaged pav ernent or concrete defaced with sticks nails footprints, etc. , shall be replaced at the Contractor's expense. 39. DUST PREVENTION The Contractor is required to perform its work in such a manner as to prevent dust caused by the work. All cost for dust prevention shall be included in other parts of the work. The Miami Shores Village intends to enforce this section and if necessary will limit the number streets and intersections to be resurfacing. The Village Project Manager shall have the authority to require the Contractor to remove the dust from the street by mechanical means after the temporary patch has been placed, increase the frequency of water spraying and reroute equipment bringing in backfill and /or removing excess material or supplies necessary for construction. 40. ASPHALTIC CONCRETE DESIGN MIX Refer to Specification for Asphalt Section 03340 41. ASPHALTIC CONCRETE PAVEMENT Prior to placing the asphaltic concrete surface course, the existing street surfaces shall be thoroughly cleaned. All utility castings shall be adjusted to the new surface elevation, if necessary, by their respective owners, except storm and sanitary sewer manhole covers and gratings, which shall be adjusted by the Contractor. The pavement edges shall be cleared of all encroaching vegetation, loose sand, rock and all other foreign matter, and the edges shall be patched as necessary to bring the pavement to a uniform width. All surface failures, which have resulted in potholes, shall be patched in an approved manner unless, in the opinion of the Project Manager, the damage areas are of insignificant depth and can be satisfactorily filled and compacted in the normal operation of applying to and compacting of the surface course. Refer to Specification for Asphalt Section 03340 MIAMI SHORES VILLAGE 00800 -12 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 42. FINAL RESURFACING No more than twenty (20) calendar days (excluding inclement weather) shall elapse from the time that a street is opened for trench excavation until time the final asphaltic surface course is constructed. Failure to comply with this requirement will result in the issuance of a stop order on all work until such time that the final asphaltic surface course is completed. 43. PAVEMENT MARKINGS AND SIGNAGE All pavement marking and signage material and method of installation shall conform to the latest edition of the Manual of Uniform Traffic Control Devices and to Sections 710 and 711 of the Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. All costs for restoration of existing pavement markings and signs shall be included in one (1) or more of the bid items and no additional compensation shall be allowed. Refer to Specification for Pavements Marking Sections 0710 and 711 44. SAFETY The Contractor must follow ALL Federal Regulations. 45. ACCEPTANCE OF WORK AND FINAL PAYMENT Inspectors will do periodical and final inspections. The presence or absence of an inspector shall not lessen the responsibility of the Contractor to properly perform the work. The Village Project Manager shall determine the amount quality, fitness and acceptability of the work and materials to be paid for. 46. MAINTENANCE OF LANDSCAPING Existing trees on private property and in the public right of way are to be protected. Trimming of trees will not be allowed without prior approval from the Public Works Director. The services of a licensed landscape contractor shall be retained for any trimming required due to construction activities and for all planting and transplanting of trees shown on the Plans. Landscaping and Structures existing on private property adjacent to the proposed work are to be maintained and any replacement shall be of equal or better quality. Cost for maintenance of landscaping and replacement of existing sod shall be considered, as incidental of the job and no additional compensation will be allowed. 47. TREE, SHRUB AND TREE STUMP REMOVAL AND TRIMMING Not permitted.. MIAMI SHORES VILLAGE 00800 -13 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 48. PROTECTION OF EXISTING UTILITY POLES The Contractor shall ensure that the existing utility poles are properly protected during installation of the pipes and structures and shall coordinate with the utility pole owner any safeguards necessary to protect the utility pole including bracing of the pole during construction, if necessary. All costs for the protection of the utility poles and any cost for the temporary bracing by the utility pole owner shall be the responsibility of the Contractor and shall be considered incidental to and included in the various items in the bid form. No additional compensation for this service shall be considered or allowed. 49. MOBILIZATION The cost of mobilization shall be included in the applicable bid item in the Proposal. 50. COMMENCEMENT OF WORK Prior to the start of any work under this Contract, the Contractor shall meet with representatives of the Department of Public Works and the various utility companies to coordinate the work. It has been the Village's experience on previous projects that problems related with building access, drainage and dust control where created due to inadequate construction scheduling. These problems were further aggravated when work on partially constructed streets remained idle for excessive periods of time. All work shall proceed in an orderly, progressive fashion and in a manner and sequence that will minimize drainage and dust control problems and insure the least possible inconvenience to traffic and property owners in the project area. 51. COORDINATION WITH SEPARATE CONTRACTORS Prior to the beginning of any work under this contract, the Contractor shall meet with the various utility companies concerned, and the Miami Shores Village Public Works Director. The purpose of this meeting is to coordinate all aspects of the work to be accomplished under this Contract. The Contractor shall coordinate his work to cooperate fully with the other contractors, and all utility companies working in the area. The Contractor shall schedule his work in such manner and provide proper supervision so as to cause a minimum amount of conflict or delay to other contractors and utility companies. The Contractor shall submit a detailed sequence of construction to the Village. Scheduling of all work shall be as approved by the Project Manager. The Contractor will be held responsible for any delay in time and /or damage to existing structures, foundation, utilities or other existing features because of omission or neglect by himself or his employees. Any property damaged by his operations shall be replaced or repaired to its original condition at no extra cost to the Village. The Miami Shores Village Project Manager will be the mediator in all such cases wherein the Contractor or the utility companies are in dispute concerning lost time or property damages. The Contractor shall abide by these judgments and decisions in all cases. MIAMI SHORES VILLAGE 00800 -14 Citywide Roadway Resurfacing Project Special Provisions PECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 52. SUBCONTRACTORS Names of all subcontractors and their current County - Municipal License Numbers shall be listed on the proposal in the spaces provided. No change in subcontractors, as listed shall be allowed without written permission of the Project Manager. Subcontractors shall hold a valid License at the time of executing a Contract. 53. SITE INSPECTION The Contractor shall examine all sites of work inform himself in regard to all conditions pertaininn to the place where the work is to be done and -fully satisfy himself relative to the work to be performed prior to submitting the bid. 54. LIMITS OF CONSTRUCTION The Limits of Construction for this project will be designated at the time of issuance of each work order. NOTICE TO BIDDERS /PROSPECTIVE CONTRACTOR(S) Attention is called to the fact that no less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex or national origin. NOTICE OF REQUIREMENTS FOR CLEAN AIR AND WATER (Applicable if the bid or offer exceeds $100,000, or the contracting officer has determined that orders under and indefinite quantity contract in any year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c -8 (c) (1) or the Federal Walter Pollution Act (33 U.S.C. 1319(c) and is listed by EPA, or is not otherwise exempt.) 2. The bidder or offer or certifies as follows: a. Any facility to be utilized in the performance of this proposed contract has ( ), has not ( ), been listed on the Environmental Protection agency List of Violating Facilities. He will promptly notify the contracting officer, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, and Environmental Protection Agency, indicating that any facility, which he proposes to use for the performance of the contract, is under consideration to be listed on the EPA List of Violating Facilities. C. He will include substantially this certification, including this paragraph (c) in every nonexempt subcontract. MIAMI SHORES VILLAGE 00800 -15 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 Date: APPLICATION FOR PAYMENT NO. Project No. To: (OWNER) From: (CONTRACTOR) Contract for: For Work accomplished through the date of 20 SUMMARY OF CONTRACT AMOUNTS 'I. Original Contract Price: $ 2. Change Orders No. through $ 3. Contract Price with all approved Change Orders: $ 4. Work completed to date: $ 5. Less (10 %) Retainage: $ 6. Amount due to date: $ 7. Less previous payments (or applications): $ 8. AMOUNT DUE THIS APPLICATION: $ Note: This application must be accompanied with the Certification of Contractor Form and worksheet for complete items as shown on page 00800 -33. Accompanying Documentation: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated: By: (Project Manager) MIAMI SHORES VILLAGE 00800 -16 Citywide Roadway Resurfacing Project Special Provisions U Z O U) O w a J a U w a cn 0 a a ao 0 N m O Z H Z W Q a w O LL Z O Q U J a IL Q 0 E d Y L0 m d CL 0 U 0 m as t co N L 0 u m L 0 U 0 a� a� m U O 0.. 0 z U O O d 0 a� a� c 0) C W 0 z U c6 L C O U L O C 0 m o 0 W L L 7 O L_ 0 N A Q O U U m L 3 O LL D WO IL � Q - - O. Y O CU c 0 co E ui H ¢ 09� 6Pk 69- 619- Z Q U � c d F- C U a H Z O �= J � Z � a O m 0 C o .. Q �L U cc O � U C •� Z L O Z L O < Li 0 H O `-' cu � a) 0) C cu U a) m c m U U LU 0 d O z E U) 6.0 00 > o a oa m U N a co U N O C �U W gU) U) >co W W N 00 =Of U) a) a Q T �iU SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 CERTIFICATION OF CONTRACTOR (APPLICATION FOR PAYMENT) According to the best of my knowledge and belief, I certify that all items and amounts shown on Application for Payment No, are correct, that all work has been performed and /or materials supplied in full accordance with the terms and conditions of this Contract, dated , 20_ between (Contractor); (Owner) and I further certify that all just and lawful bills against the undersigned and his subcontractors and suppliers for labor, material and equipment employed in the performance of this Contract have been paid in full accordance with their terms and conditions; that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged; and that there are no Vendor's, Mechanic's or other Liens or rights to liens or conditional sales contracts which should be satisfied or discharged before such payment is made. Date: STATE OF FLORIDA COUNTY OF Personally appeared before me this. to me as the Contractor (Owner) (Partner) (Corporate Officer) — Give Title of day of , known (or made known) Contractor(s) who subscribed and swore to the above instrument in my presence. Notary Public — (Type Name) State of Florida -at -Large My Commission Expires: The Contractor shall execute this Certificate and attach it to each Application for Payment. MIAMI SHORES VILLAGE 00800 -18 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 AFFIDAVIT STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared , who, after being first duly sworn, upon oath deposes and says that all lienors contracting directly with, or directly employed by (him, them, it) and that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act) as amended, have been paid and discharged, and that all bill, wages, fees, claims and other charges incurred by in connection with the construction of have been paid in full. SIGNED: WITNESSES: SWORN AND SUBSCRIBED TO BEFORE ME THIS day , 20 AD. Notary Public — (Type Name) State of Florida -at -Large My Commission Expires: MIAMI SHORES VILLAGE 00800 -19 Citywide Roadway Resurfacing Project Special Provisions SPECIAL PROVISIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of Dollars ($ ) paid to by the receipt of which is hereby acknowledged, does hereby release and quitclaim to the Miami Shores Village, the Owner, its successors or assigns, all liens, lien rights, claims or demands of any kind whatsoever which now has (have) or might have against the property, building, and /or for any incidental expense for the construction of: thereon or in otherwise improving said property situated as above described. IN WITNESS WHEREOF have (has) hereunto set hand and seal this day of , 20_, A.D. WITNESSES SWORN AND SUBSCRIBED TO BEFORE ME THIS day , 20 AD. Notary Public — (Type Name) State of Florida -at -Large My Commission Expires: MIAMI SHORES VILLAGE 00800 -20 Citywide Roadway Resurfacing Project Special Provisions TECHNICAL SPECIFICATIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PART 1 GENERAL 1.1 SCOPE OF WORK A. The following Specifications establish the Miami Shores Village (Village) requirements for the roadway improvements. The Village will use FDOT's pre - approved asphalt specifications. The referenced Sections do not purport to cover all materials or installation procedures, which may be required. However, it is the intent of the Village to obtain a complete and working installation under this project, and any items of labor, equipment or materials, which may reasonably be assumed as necessary to accomplish this end, shall be supplied whether or not they are: DIVISION 01 - GENERAL SECTION DESCRIPTION 01011 Site Conditions 01016 Safety Requirements and Protection of Property 01025 Measurement and Payment 01050 Field Engineering 01090 References 01100 Special Project Procedures 01120 Sequence of Construction 01152 Applications for Payment 01310 Construction Schedules 01340 Shop Drawings, Working Drawings and Samples 01410 Project Testing Laboratory services 01505 Control of Work 01510 Mobilization 01700 Contract Closeout 01720 Project Record Documents 01730 Warranties and Bonds 01740 Permits 01750 Maintenance of Traffic and Public Streets DIVISION 2 - GENERAL CONSTRUCTION OPERATIONS SECTION DESCRIPTION 425 FDOT — Inlets, Manholes and Junction Boxes — See FDOT Ref. 320 FDOT — Hot Bituminous Mixtures — General Construction Requirement — See FDOT Ref. DIVISION 03 - MATERIALS SECTION DESCRIPTION 300 FDOT — Prime and Tack Coats — See FDOT Ref. 334 FDOT — Asphalt Specifications — See FDOT Ref. MIAMI SHORES VILLAGE 00801 -1 Citywide Roadway Resurfacing Project Technical Specifications TECHNICAL SPECIFICATIONS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. The Miami Shores Village shall be the principal agency for any notification, approval, and acceptance of this project. In addition to the above listed Sections, other references are made in the plans and these specifications. 1.2 QUALITY ASSURANCE A. All material and installation shall be in accordance with the Specifications contained herein and as stated in the plans. The material and installation for this project shall be in full compliance with all applicable standards listed in Reference Standards. 1.3 PROJECT APPROVAL A. The approval of the Village shall be secured before commencement of any construction related activity. 1.4 SPECIAL CONDITIONS A. The work shall proceed in accordance with following specification sections: 1. Section 01050 "Field Engineering." 2. Section 01011 "Site Conditions." B. The contractor shall provide all temporary signing, striping, detouring, barricading, fencing, signals, and competent flaggers, as required in accordance with the minimum requirements of the latest Manual of Uniform Traffic Control Devices, Chapter VI, whenever and wherever needed for pursuance of the project, and /or as directed by the Director of Public Works. The Contractor shall also coordinate these operations with the Miami Shores Village Public Works Department and Miami -Dade County Department of Transportation, or the Florida Department of Transportation as necessary. 1.5 PERMITS, INSPECTIONS AND FEES A. The Contractor shall obtain and pay for all permits and fees in accordance with Section 01740 "Permits." For information regarding reimbursement of required permit fees, see Section 01740. B. Inspection by Village personnel is required in addition to, not in lieu of, municipal, County, and Village inspections. No facility will be accepted until it has passed all inspections. 1.6 PRE - CONSTRUCTION CONFERENCE A. Before commencement of the work, the Contractor shall attend a "Pre- construction Conference ". MIAMI SHORES VILLAGE 00801 -2 Citywide Roadway Resurfacing Project Technical Specifications TECHNICAL SPECIFICATIONS CITYWIDE ROADWAY 'RESURFACING PROJECT BID # 2018 - APR -01 1.7 SUBMITTALS A. The Contractor shall furnish As -Built and Project Record Documents in accordance with Section 01720 "Project Record Documents." B. Where the Specifications require test certification or certification that certain products or material furnished are as specified, the Contractor shall deliver such certification to the Village. No material or equipment shall be approved for use in the work until individual certification has been received. END OF DOCUMENT MIAMI SHORES VILLAGE 00801 -3 Citywide Roadway Resurfacing Project Technical Specifications ADDENDA CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 ADDENDA (ADDENDA TO BE PLACED HERE) END OF DOCUMENT MIAMI SHORES VILLAGE 00900 -1 Citywide Roadway Resurfacing Project ADDENDA MEASUREMENT AND PAYMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 GENERAL A. The Contractor shall receive and accept the compensation as provided in the Proposal, the Contract, General Conditions and Special Provisions as full payment for furnishing all labor, materials, tools and equipment, for performing all operations necessary to complete the work under this Contract, and also in full payment for all loss or damages arising from the nature of the Work, or from the action of the elements or from unforeseen difficulties which may be encountered during the prosecution of the work until the final acceptance by the Village. B. The prices stated in the Proposal include full compensation for overhead and profit, all costs and expenses for taxes, materials, labor, equipment, furnishing and repairing small tools and ordinary equipment, mobilization, home office expenses and general supervision, materials, commissions, transportation charges and expenses, patent fees and royalties, bond, insurance, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the work as shown on the Contract Drawings and specified herein. In addition, the Contractor shall include the actual cost of social security taxes, unemployment insurance, worker's compensation, fringe benefits, inclusive of life and health insurance, union dues, pension, pension plans, vacations, and insurance and contractor's public liability and property damage insurance involved in the work based on the actual wages paid to such labor and all other general costs and profits, prorated to each Item. C. It is the intent of the Village to obtain a complete and working installation under this Contract, and any items of labor, equipment or materials which may reasonable be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically shown on the Plans or stated herein. 1.2 PAYMENT ITEMS Payment of Items presented in the Bid Form (00300- Bid Form) will be paid as per FDOT Division II Specifications 1.3 PAYMENT A. General: Progress payments will be made monthly on the date established in the General Conditions. B. Payment for all Work shown or specified in the Contract Documents is included in the Contract Price. No measurement or payment will be made for individual items. C. Payment for Lump or Aggregate Sum Work covers all Work specified or shown within the limits or Specification sections. MIAMI SHORES VILLAGE 01025 -1 Citywide Roadway Resurfacing Project Measurement and Payment MEASUREMENT AND PAYMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.4 NONPAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment will not be made for following: 1. Loading, hauling, and disposing of rejected material. 2. Quantities of material wasted or disposed of in manner not called for under Contract Documents. 3 Rejected loads of material, including material rejected after it has been placed by reason of failure of CONTRACTOR to conform to provisions of Contract Documents. 4 Material not unloaded from transporting vehicle. 5 Defective Work not accepted by Village. 6 Material remaining on hand after completion of Work. 1.5 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT A. Partial Payment: Partial payments will be made in accordance with the General Conditions. Will be made only for materials incorporated in Work; remaining materials, for which partial payments have been made, shall revert to Contractor unless otherwise agreed, and partial payments made for those items will be deducted from final payment. 1.6 FINAL APPLICATION FOR PAYMENT A. Prior to submitting final application, make acceptable delivery of required documents, and other requirements as specified in Section 01700 "Contract Closeout." B. Final payment shall be subject to the conditions and requirements included in the General Conditions and all others included in the Contract. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01025 -2 Citywide Roadway Resurfacing Project Measurement and Payment FIELD ENGINEERING CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PART 1 - GENERAL 1.1 WORK INCLUDED A. Provide and pay for field engineering services required for Project as follows: 1. Civil, structural, mechanical, electrical or other professional engineering services specified, or required to execute the Contractor's construction methods. 2. Land surveying required lying out the work. B. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida for the line and grade layout. 1.2 RELATED WORK A. Section 01720 "Project Record Drawings." 1.3 QUALIFICATIONS OF PROFESSIONAL A. Qualified Engineer or Registered Land Surveyor, acceptable to Village. B. Registered Professional Engineer of the specialty required for the specific service on the Project, currently licensed in the State of Florida. 1.4 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. Monthly, submit certified as -built information at the same scale as the Engineer's line drawings indicating elevations and stations of the pipelines at 100 -foot increments, at rapid changes in grade, and where design elevations are given. Project Manager will review as -built information from the Contractor, monthly. MIAMI SHORES VILLAGE 01050 -1 Citywide Roadway Resurfacing Project Field Engineering FIELD ENGINEERING CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.5 SUBMITTALS A. Submit name and address of registered land surveyor to the Project Manager. B. On request of the Project Manager, submit documentation to verify accuracy of field engineering work. C. Submit certificate signed by registered engineer or surveyor certifying that elevations and locations are in conformance or non - conformance, with Contract Documents. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01050 -2 Citywide Roadway Resurfacing Project Field Engineering REFERENCES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.1 GENERAL A. Applicable Publications: Whenever in these specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the drawings shall be waived because of any provision of, or omission from, said standards or requirements. B. Specialists, Assignments: In certain instances, specification text requires (or implies) that specific work is to be assigned to specialists or expert entities, who must be engaged for the performance of that work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These assignments shall not be interpreted to conflict with the enforcement of building codes and similar regulations governing the Work; also, they are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of work is recognized as "expert" for the indicated construction processes or operations. The final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.2 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of the specifications, all work specified herein shall conform to or exceed the requirements of the following documents to the extent that the provisions of such documents are not in conflict with the requirements of these Specifications nor the applicable codes. B. References herein to "Building Code" or FBC shall mean the Florida Building Code. The latest edition of the code as approved and used at the local agency having jurisdiction, shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. C. In case of conflicts between codes, reference standards, drawings and other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarifications and directions prior to ordering or providing any materials or labor. The Contractor shall bid the most stringent requirements. D. Applicable Standard Specifications: The Contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portion of those referenced codes, standards, and specifications listed herein; except, that wherever references to "Standard Specifications" are made, the provisions therein for measurement and payment shall not apply. MIAMI SHORES VILLAGE 01090 -1 Citywide Roadway Resurfacing Project References REFERENCES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 E. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part 1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA), including all changes and amendments thereto. F. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendments hereto. 1.3 TRADE NAMES AND ALTERNATIVES A. For convenience in designation in the Contract Documents, materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and its catalog information. The use of alternative material, which is equal in quality and of the required characteristics for the purpose intended, will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and suitability of such alternative equipment, products, or other materials shall be upon the Contractor. 2. The Engineer will be the sole judge as to the comparative quality and suitability of such alternative equipment, products, or other materials and its decisions shall be final. B. Whenever in the Contract Documents the name or the name and address of the manufacturer or distributor is given for a product or other material, or if any other source of a product or material is indicated therefore, such information is given for the convenience of the Contractor only, and no limit, restriction, or direction is indicated or intended thereby, nor is the accuracy or reliability of such information guaranteed. It shall be the responsibility of the Contractor to determine the accurate identity and location of any such manufacturer, distributor, or other source of any product or material called for in the Contract Documents. C. The Contractor may offer any material, process, or equipment, which it considers equivalent to that indicated. Unless otherwise authorized in writing by the Project Manager, the substantiation of offers of equivalency must be submitted within sixty (60) days after execution of the Agreement. The Contractor, at its sole expense, shall furnish data for items it has offered as equivalent to those specified. The Contractor shall have the material as required by the Project Manager to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the items will fulfill its intended function. Installation and use of a substitute item shall not be made until accepted by the Project Manager. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material. D. The Contractor's attention is further directed to the requirement that failure to submit data substantiating a request for the substitution of an "or equal" item within said 60- day period after the execution of the Agreement, shall be deemed to mean that the Contractor intends to furnish one of the specific brand -named products named in the specification, and the Contractor does hereby waive all rights to offer or use substitute products in each such case. Wherever a proposed substitute product has not been MIAMI SHORES VILLAGE 01090 -2 Citywide Roadway Resurfacing Project References 1.4 1.5 REFERENCES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 submitted within said 60 -day period, or wherever the submission of a proposed substitute product fails to meet the requirements of the specifications and an acceptable resubmittal is not received by the Project Manager within said 60 -day period, the Contractor shall furnish only one (1) of the products originally -named in the Contract Documents. ABBREVIATION A. Wherever in these specifications references are made to the standards, specifications, or other published data of the various national, regional, or local organizations, such organizations may be referred to by their acronyms or abbreviation only. As a guide to the user of these specifications, the following acronyms and abbreviations, which may appear in these specifications, shall have the meanings indicated herein. ABBREVIATIONS AND ACRONYMS AAMA Architectural Aluminum Manufacturer's Association AAR Association of American Railroads AASHTO American Association of the State Highway and Transportation Officials AATCC American Association of Textile Chemists and Colorists ACI American Concrete Institute ACPA American Concrete Pipe Association ACPPA American Concrete Pressure Pipe Association AFBMA Anti - Friction Bearing Manufacturer's Association, Inc. AGA American Gas Association AGC Associated General Contractors AGMA American Gear Manufacturer's Association AHAM Association of Home Appliance Manufacturers Al The Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Movement and Control Association ANS American Nuclear Society ANSI American National Standards Institute, Inc. APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ASA Acoustical Society of America ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating, and Air - Conditioning Engineers ASLE American Society of Lubricating Engineers ASME American Society of Mechanical Engineers ASPE American Society of Plumbing Engineers ASQC American Society for Quality Control MIAMI SHORES VILLAGE 01090 -3 Citywide Roadway Resurfacing Project References REFERENCES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BBC Basic Building Code, Building Officials and Code Administrators International BHMA Builders Hardware Manufacturers Association CBM Certified Ballast Manufacturers CEMA Conveyors Equipment Manufacturers Association CGA Compressed Gas Association CLPCA California Lathing and Plastering Contractors Association CLFMI Chain Link Fence Manufacturers Institute CMA Concrete Masonry Association CRSI Concrete Reinforcing Steel Institute CSI Construction Specifications Institute DCDMA Diamond Core Drill Manufacturers Association DIPRA Ductile Iron Pipe Research Association EIA Electronic Industries Association ETL Electrical Test Laboratories HI Hydraulic Institute ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IME Institute of Makers of Explosives IP Institute of Petroleum (London) IPC Institute of Printed Circuits IPCEA Insulated Power Cable Engineers Association ISA Instrument Society of America ISO International Organization for Standardization ITE Institute of Traffic Engineers MBMA Metal Building Manufacturers Association MPTA Mechanical Power Transmission Association MTI Marine Testing Institute NAAM National Association of Architectural Metal Manufacturers NACE National Association of Corrosion Engineers NBS National Bureau of Standards NCCLS National Committee for Clinical Laboratory Standards NEC National Electric Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NFPA National Forest Products Association NGLI National Grease Lubricating Institute NMA National Microfilm Association NRCA National Roofing Contractors Association NWMA National Woodwork Manufacturers Association NWWA National Water Well Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association MIAMI SHORES VILLAGE 01090 -4 Citywide Roadway Resurfacing Project References REFERENCES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PDI Plumbing and Drainage Institute RIS Redwood Inspection Service RVIA Recreational Vehicle Industry Association RWMA Resistance Welder Manufacturers Association SAE Society of Automotive Engineers SAMA Scientific Apparatus Makers Association SBC Southern Building Code Congress International, Inc. (SBCCI) SIS Swedish Standards Association SJI Steel Joist Institute SMA Screen Manufacturers Association SMACCNA Sheet Metal and Air Conditioning Contractors National Association SPR Simplified Practice Recommendation SSBC Southern Standard Building Code, Southern Building Code Congress SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction TAPPI Technical Association of the Pulp and Paper Industry TFI The Fertilizer Institute UBC Uniform Building Code UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WCRSI Western Concrete Reinforcing Steel Institute WIC Woodwork Institute of California WPCF Water Pollution Control Federation WRI Wire Reinforcement Institute, Inc. WWPA Western Wood Products Association PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01090 -5 Citywide Roadway Resurfacing Project References SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PART 1 GENERAL 1.1 EXISTING SITE A. All pipes, sewers, drains and other pipe, cables, or conduits, and all other obstructions, whether or not shown, shall be temporarily removed from, or supported during excavation. It is intended that wherever piping systems or utilities such as water, waste water, air, chemical, electrical or other service lines must be crossed, deflection of the pipe within recommended limits and cover shall be used to satisfactorily clear the obstruction unless otherwise indicated on the Drawings. The Contractor shall be held responsible for any damage to such installations and shall restore them at his own expense to service promptly as soon as the work has progressed past the point involved. Approximate locations of known installations in the vicinity of new work are shown, but must be verified on the field by the Contractor, who shall uncover them carefully, by hand, prior to commencement of the work. Any discrepancies or differences shall be brought to the attention of the Project Manager in order that changes may be made. These conditions are supplemental to general requirements elsewhere in these specifications. Submit to the Project Manager the proposed method of construction around these existing installations. 1.2 LAND FOR CONSTRUCTION PURPOSES A. The Contractor shall make his own arrangements for storage of materials and equipment in locations off the construction site. Submit to the Project Manager for approval, proposed plan and layout for all temporary sanitary facilities, offices, temporary water service and distribution, and temporary power service and distribution, located at the job site. B. Prior to commencing any preparation remove, relocate and protect where necessary all existing underground and above ground facilities, pipelines, sprinkler systems, sod and all other existing installations. All these installations shall be restored to their initial conditions. 1.3 PRE - CONSTRUCTION CONFERENCE A. Prior to commencement of construction, a pre- construction conference with the Project Manager will be held to discuss and approve the previously reviewed Contractor's construction progress schedule, proposed sequence of construction and proposed construction methods relative to existing facilities and to establish procedures for avoiding flooding due to construction, for handling shop drawings and other submissions and to establish a working understanding between the parties as to the Project. Refer to Section 01310 "Construction Schedules" for additional requirements and reviews of Construction Schedule before the pre- construction conference. MIAMI SHORES VILLAGE 01100 -1 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. In some cases, the pre- construction conference may be held after the start work date stated in the written Notice -to- Proceed. This may be due to difficulty in coordination of all parties concerned, or other similar reasons. Such delays, will not relieve the Contractor of any responsibilities hereunder, and will not be an acceptable reason for him to request additional work completion time beyond that provided since he can be obtaining permits, mobilizing his equipment and forces, ordering materials, performing minor work, or other work if approved by the Project Manager, during the interim period. C. Prior to the preconstruction conference, the Contractor shall prepare the construction schedule, as described in Section 01120 "Sequence of Construction" and Section 01310 "Construction Schedules" of the Specifications and provide copies of same to others in attendance. D. The construction schedule shall include the place of beginning, the proposed order of progression, together with the estimated times for beginning and completing the various items of work. In addition, the Contractor shall prepare on electronic media, a critical path method (CPM) with emphasis made to "construction time and completion." E. Include in the construction progress schedule data showing chronologically all operations contemplated and necessary for the completion of the Project within the agreed time and schedules of shop drawings, submissions and material delivery dates to be incorporated into each phase of the work. F. Include a detailed description of the construction methods proposed and to be performed with a minimum interruption of the operation of the existing facility. The Village reserves the right to make changes to the sequence as necessary to facilitate the work or to minimize any conflict with facility operation. In addition, the Contractor is required to cooperate in order to minimize the disruption of activities of other contractors. The Contractor shall not commence construction operations until the required information has been approved. After approval, no deviation there from shall be made without prior written approval from the Village. G. In addition to the necessity for minimizing any conflict with present drainage operations, the attention of the Contractor is called to the fact that the work to be done under this Contract is only a part of a program of expansion. Additional Contracts for construction of other projects may be in progress. All contractors will be required to cooperate in the joining of their work. H. The Project Manager will discuss requirements of such matters as Project supervision and inspection progress schedules and reports, insurance, safety, and other items pertinent to the Project. MIAMI SHORES VILLAGE 01100 -2 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.4 SAFETY REQUIREMENTS A. Comply with all applicable provisions of the Occupational Safety and Health Act (OSHA). The Contractor's Manual of Safety Practices, dealing with the firm's policies on field safety procedures for employees shall be submitted to the Project Manager for his review before Notice to Proceed will be issued. B. Conduct operations in such a manner, utilizing warning devices, such as traffic cones, barricades and warning lights, that traffic, pedestrians and Village personnel are given adequate warning of hazards of the work site as may be deemed necessary by the Village and /or the Project Manager. C. Certain products specified in these Specifications contain warnings by the manufacturer that under certain conditions, if instructions for use of the product are not followed, a hazardous condition may develop. It is the Contractor's responsibility to instruct his workmen in the safe use of the product, or any product substitution. D. Do not store any environmentally hazardous materials such as solvents, greases, lubricants or any other type of chemical substances at the site. The Contractor is permitted to keep such materials at the site as for immediate use only. Store and handle the materials in a safe manner and upon their use immediately dispose of the cans, containers, rags and remnants of the materials in a manner approved by the Department of Environmental Resources Management (DERM) at the Contractor's expense. Do not store empty containers at the site. In case of any violation, the Project Manager will report such a violation to DERM and the Contractor shall be subject to all the penalties and fines established by State and County regulations. E. For trench and other excavations in excess of five (5) feet in depth, the Contractor shall comply with the provisions of the State of Florida "Trench Safety Act" F. The Contractor shall familiarize himself with the "Underground Facility Damage Prevention and Safety Act ", Florida Statute 556. The Contractor shall contact the Sunshine State One Call Center, at 1- 800 - 432 -4770, forty -eight (48) hours prior to any excavation. Failure to become familiar with the obligations and the penalties set forth herein. G. All open excavations made in the earth shall be performed in compliance with the State of Florida Trench Safety Act, OSHA29 CFR 1926.650, Subpart P (Chapter 90- 96, Laws of Florida). The Contractor shall appoint a "competent person ", who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. MIAMI SHORES VILLAGE 01100 -3 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.5 COORDINATION WITH OTHER CONTRACTORS A. The following shall apply to this Contract: 1. The Village reserves the right to enter upon, and to use, any and all portions of the work performed hereunder (or under its other Contracts), whether completed or not as may be required. 2. In no event will the Contractor be permitted to block the work area of other Contractors with his equipment and /or materials, unless otherwise permitted by the Project Manager. 3. Construct Project in an orderly and progressive fashion as specified in Section 01120 "Sequence of Construction," so that other contractors can continue their work, also in an orderly and progressive manner as planned. 4. Be responsible for coordinating the work with that of other contractors, and for cooperating with them, and with the Village, to the fullest extent. B. The Project Manager will act as mediator in all cases of conflict and dispute involving the Work, or scheduling of the Work, under the various Contracts, and his decision concerning the disposition of each such conflict or dispute shall be final and binding on all parties involved. 1.6 ELEVATIONS OF EXISTING INSTALLATIONS A. The elevations of existing installations, including piping, equipment, etc., shown on the Contract Drawings are approximate. Be responsible for verifying the accuracy of these elevations prior to commencement of any work, which is to be connected to the existing installation and immediately bring to the attention of the Project Manager any and all discrepancies discovered. B. Do not proceed with the work affected until permission is received in writing from the Project Manager indicating all modifications required, if any. 1.7 MATERIALS AND EQUIPMENT FURNISHED BY THE VILLAGE A. No materials to be supplied by Village B. Potable water used in the construction will be metered by the Village. This water will be supplied from the most convenient source through the existing piping. Failure of the Contractor to meter the water, or providing others with water, could result in his being fined and /or a citation being issued against him in accordance with the rules and regulations. The Contractor can obtain the meter through proper application and payment of deposit fee. The deposit fee will be refunded to the Contractor upon return of the meter in a sound satisfactory condition. The largest meter available is 2 inches NPS. C. All piping, fittings, valves and equipment, including pumps and power, required for handling the water shall be furnished by the Contractor. Care shall be exercised in the use of the water and provision shall be made to protect the water supply from contamination by installing an approved backfiow prevention and indiscriminate use by unauthorized persons. The Contractor shall use only potable water. MIAMI SHORES VILLAGE 01100 -4 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 D. Under no circumstance shall the Contractor utilize a water source, including existing piping, until such source or piping has been approved for use by the Project Manager. E. The Village will not furnish electric power for this Project. All electrical driven equipment, including de- watering pumps and electrical welders, shall be served by the temporary electrical service to be provided by the Contractor. The Contractor shall supply extension cords, ground fault circuit interrupters, and safety equipment necessary to protect his workmen. F. All other materials required to complete this Project shall be furnished and installed by the Contractor, whether or not shown on the Drawings or specifically mentioned in the Specifications. The Contractor shall not reuse any of the material removed from existing pipeline systems. 1.8 MATERIALS AND EQUIPMENT FURNISHED BY THE CONTRACTOR A. In addition to the detailed specifications for materials and equipment herein, the following general requirements shall apply for all materials and equipment furnished under the Contract. B. All material and equipment furnished by the Contractor for incorporation into the Project shall be new and of recent domestic manufacture, and shall be the products of reliable manufacturers who, unless otherwise specified, have been regularly engaged in the manufacture of such material and equipment for at least five (5) years. C. The Contractor shall care for and protect against loss or damage all material to be incorporated in the construction, for the duration of the Contract, and shall repair or replace any damaged or lost materials. He shall be relieved of such responsibility only upon final acceptance of all the work by the Project Manager. D. The Contractor, at his expense, shall be responsible for the electrical equipment and materials, pumps, blowers, and motors which Contractor shall store out of the weather and off the ground, protected from dust, dirt and moisture, including the provision of electric heaters and other protective measures as may be required by the Village and /or Manufacturer. 1.9 SITE CLEANLINESS A. Dust Abatement: The Contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals, or causing a nuisance to persons living in or occupying buildings in the vicinity. The Contractor shall be responsible for any damage resulting from any dust originating from its operations. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Project Manager. The cost for this work will be included for payment under Item No. A -5. MIAMI SHORES VILLAGE 01100 -5 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. Rubbish Control: During the progress of the work, the Contractor shall keep the site of the work and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish. The Contractor shall dispose of all rubbish and waste materials of any nature occurring at the work site, and shall establish regular intervals of collection and disposal of such materials and waste. The Contractor shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Disposal of all rubbish and surplus materials shall be off the site of construction in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and to the particular requirements of Part 1926 of the OSHA Safety and Health Standards for Construction. C. Sanitation 1. Toilet Facilities: Fixed or portable chemical toilets shall be provided wherever needed for the use of employees. Toilets at construction job sites shall conform to the requirements of Part 1926 of the OSHA Standards for Construction. 2. Sanitary and Other Organic Wastes: The Contractor shall establish a regular daily collection of all sanitary and organic wastes. All wastes and refuse from sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the site in a manner satisfactory to the Project Manager and in accordance with all laws and regulations pertaining thereto. 1.10 SALVAGE A. No salvage credits for equipment or material; will be allowed by the Village. 1.11 WARRANTIES A. All equipment supplied under these Specifications shall be warranted by the Contractor and the equipment manufacturers for a period of one (1) year, unless a longer period is specified in the technical specifications, in which case the longer period shall apply. Warranty period shall commence on the date of Village acceptance or beneficial occupancy. B. The equipment shall be warranted free from defects in workmanship, design and materials. If any part of the equipment should fail during the warranty period, it shall be replaced in kind and the unit(s) restored to service at no additional cost to the Village. In the event of Contractor's failure to perform warranty work promptly, the Village reserves the right to perform the work and the Contractor shall be liable to the Village for the cost thereof. C. The manufacturer's warranty period shall run concurrently with the Contractor's warranty or guarantee period. No exception to this provision shall be allowed. D. All warranties and bonds shall be submitted prior to the issuance of final payment. MIAMI SHORES VILLAGE 01100 -6 Special Project Procedures SPECIAL PROJECT PROCEDURES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.12 HURRICANE PREPAREDNESS PLAN A. Within thirty (30) days of the date of Notice to Proceed, the Contractor shall submit to the Project Manager and Village a Hurricane Preparedness Plan. The plan should outline the necessary measures, which the Contractor proposes to perform at no additional cost to the Village in case of a hurricane warning. B. In the event of inclement weather, or whenever Project Manager shall direct; Contractor will cause Subcontractors to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Project Manager, any portion of Work or materials shall have been damaged or injured due to failure on the part of Contractor or any Subcontractor to so protect the Work, such Work and materials shall be removed and replaced at the expense of the Contractor. 1.13 MINIMIZATION OF DISRUPTIONS A. Continuous, unobstructed, safe, and adequate vehicular access shall be provided. Safe and adequate pedestrian crossings at intervals not exceeding 300 feet shall be provided. The Contractor shall cooperate with parties involved in the removal of trash and garbage to maintain existing schedules for such services. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01100 -7 Special Project Procedures SEQUENCE OF CONSTRUCTION CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 SCOPE OF WORK A. Before commencement of any work, in compliance with the requirements of Section 01310 "Construction Schedules," submit to the Project Manager for approval a detailed sequence of construction, clearly showing the interrelationship and the interdependency of work activities with one another. B. The work of this project is to be performed on the site of an existing and adjacent roadway. Identify and properly schedule all partial traffic that may be necessary for the completion of the interconnections. Coordinate and agree to such schedules with the Village's Project Manager. C. Coordinate sequence of construction with progress schedule to ensure timely performance of the work and project completion within the specified construction time. D. Special Instructions: 1. It is the intent of the Village to construct this Project with as little disturbance and annoyance to the neighbors and traffic impact as possible. E. The Contractor's equipment must be in first class operating condition, including proper mufflers and other silencing accessories. All equipment must be properly lubricated on a special maintenance type schedule to reduce noise, including tracks, rollers, idlers, sheaves and other noise producing components. Care must be taken to prevent oil spillage of any kind or oil dripping from equipment. The Contractor shall provide a temporary electric service for his electric equipment as specified herein below, and shall pay all cost thereof, including all charges for electricity used during the entire course of the Project until its acceptance by the Village. F. If the equipment used proves less than satisfactory and is unduly or needlessly disturbing the neighbors, in the opinion of the Project Manager, he will have the right to order the Contractor to immediately modify the equipment to make it satisfactory, or to change to other equipment that is satisfactory at no additional cost to the Village. G. During construction the Contractor shall, by sprinkling with water or by other means approved by the Project Manager, eliminate dust annoyance to adjacent property owners. No additional compensation will be paid to the Contractor for any costs incurred in complying with the provisions herein. MIAMI SHORES VILLAGE 01120 -1 Citywide Roadway Resurfacing Project Sequence of Construction SEQUENCE OF CONSTRUCTION CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.2 SEQUENCE OF WORK A. General Considerations: The contractor shall provide a job specific description of the sequence of the work corresponding to the job requirements. B. Plan the work and carry it out with minimum interference to the operation of the existing facilities. Prior to starting the work, confer with the City and Project Manager to develop an approved work schedule, which will permit the facilities to function as normally as practical. It may be necessary to do certain parts of the construction work at times outside normal working hours in order to avoid conflicting conditions. The Contractor shall do this work at such times and at no additional cost to the Village. Contractor shall notify the Project Manager three (3) days prior to the commencement of construction. C. The sequence of work shall be as follows: Preliminary Phase: Coordination with the Village, other contractors and other entities for which construction is required to insure that the existing system is not affected. a. Clear and grub the site, removing all debris, materials as necessary to prepare site. b. Protect the trees along the construction path. C. Apply tack. d. Place asphalt. e. Final cleaning of site. f. Place Striping as required PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION rubbish, and unsuitable MIAMI SHORES VILLAGE 01120 -2 Citywide Roadway Resurfacing Project Sequence of Construction APPLICATIONS FOR PAYMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Submit Applications for Payment to the Project Manager in accordance with the schedule established by Conditions of the Contract and Agreement between Village and Contractor. 1.2 RELATED REQUIREMENTS A. Agreement between Village and Contractor consisting of an approved payment schedule by the Village Director of Public Works. B. Conditions of the Contract: Progress Payments, Retainer, Final Payment and Record Documents. 1.3 FORMAT AND DATA REQUIRED A. Submit applications typed on forms provided by the Village, Application for Payment, with itemized data typed on 8'/z- x 14 -inch white paper and continuation sheets. 1.4 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to date of submittal of application. 2. Fill in summary of dollar values to agree with respective totals indicated on continuation sheets. 3. Execute certification with signature of a responsible officer of Contract firm. B. Continuation Sheets: 1. Fill in total list of scheduled component items of work, with item number and scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been performed or products stored. a. Round off values to nearest dollar, or as specified. 3. List each Change Order Number, and description, as for an original component item or work. a. List by Change Order Number, and description, as for an original component item or work. 4. Payment for Material and Equipment stored, but not incorporated into the Work, will not be allowed. MIAMI SHORES VILLAGE 01152 -1 Citywide Roadway Resurfacing Project Applications for Payment APPLICATIONS FOR PAYMENT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.5 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Village or the Project Manager requires substantiating data; Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification as shown on application. b. Description of specific material. B. Submit one (1) copy of data cover letter for each copy of application. C. As a prerequisite for payment, Contractor is to submit a "Surety Acknowledgment of Payment Request" letter showing amount of progress payment, which the Contractor is requesting. D. The Contractor shall maintain an updated set of drawings to be used as record drawings in accordance with Section 01720 "Project Record Documents." As a prerequisite for monthly progress payments, the Contractor shall exhibit the updated record drawings for review by the Project Manager. 1.6 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application form as specified for progress payments. B. Use continuation sheet for presenting the final statement of accounting as specified in Section 01700 "Contract Closeout." 1.7 SUBMITTAL PROCEDURE A. Submit Applications for Payment to the Project Manager at the times stipulated in the Agreement. B. Number: Five (5) copies of each Application. C. When the Project Manager finds Application properly completed and correct, he will transmit certificate of payment to Village, with copy to Contractor. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01152 -2 Citywide Roadway Resurfacing Project Applications for Payment CONSTRUCTION SCHEDULES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Promptly after Award of the Contract and within ten (10) days after the effective date of the Agreement, prepare and submit to the Project Manager estimated construction progress schedules for the work, with sub schedules of related activities, which are essential to its progress. B. Submit revised progress schedules on a monthly basis. C. No partial payments shall be approved by the Project Manager until there is an approved construction progress schedule on hand. D. The Contractor shall designate an authorized representative of his firm who shall be responsible for development and maintenance of the schedule and of progress and payment reports. This representative of the Contractor shall have direct project control and complete authority to act on behalf of the Contractor's schedule. 1.2 RELATED REQUIREMENTS A. Document 00700 "General Conditions." B. Section 01340 "Shop Drawings, Working Drawings and Samples." 1.3 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart. 1. Provide separate horizontal bar for each trade or operation within each structure or item. 2. Horizontal time scale: In weeks from start of construction and identify the first workday of each month. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 24 x 36 inches. B. Format of Listings: The chronological order of the start of each item of work for each structure. C. Identification of Listings: By major specification, section numbers as applicable and structure. MIAMI SHORES VILLAGE 01310 -1 Citywide Roadway Resurfacing Project Construction Schedules CONSTRUCTION SCHEDULES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.4 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning of, and completion of, each major element of construction in no more than a 2 -week increment scale. Specifically list, but not limited to: a. Shop Drawing Submittal b. Site Clearing C. Pipeline Work d. Concrete Work e. Install Structures f. Landscaping g. Testing h. Startup i. Record Drawings i. Restoration 3. Show projected percentage of completion for each item, as of the first of each month. 4. Show projected dollar cash flow requirements for each month of construction. B. Submittals Schedule for Shop Drawings, and Samples in accordance with Section 01340 "Shop Drawings, Working Drawings and Samples." Show: 1. The dates for Contractor's submittals. 2. The date's submittals will be required for owner furnished products, if applicable. 3. The dates approved submittals will be required from the Project Manager. C. A list of all long lead items (equipment, materials, etc). 1.5 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission. B. Show changes occurring since previous submission of schedule:. 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime contractors. MIAMI SHORES VILLAGE 01310 -2 Citywide Roadway Resurfacing Project Construction Schedules CONSTRUCTION SCHEDULES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 1.6 SUBMISSIONS A. Submit initial schedules to the Project Manager within ten (10) days after the effective date of the Agreement. 1. The Project Manager will review schedules and return review copy within twenty -one (21) days after receipt. 2. If required, resubmit within seven (7) days after return of review copy. B. Submit five (5) copies of revised monthly progress schedules with that month's application for payment. 1.7 DISTRIBUTION A. Distribute copies of reviewed schedules to: 1. Project Manager (2 Copies) 2. Job Site File 3. Subcontractors 4. Other Concerned Parties 5. Owner (2 Copies) B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01310 -3 Citywide Roadway Resurfacing Project Construction Schedules SHOP DRAWINGS WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.1 REQUIREMENTS INCLUDED A. The Contractor shall submit to the Project Manager for review, such working drawings, shop drawings, test reports and data on materials and equipment (hereinafter in this article called data), and material samples (hereinafter in this article called samples) as are required for the proper control of work, including but not limited to those working drawings, shop drawings, data and samples for materials and equipment specified elsewhere in the Specifications and in the Contract Drawings. B. The Contractor shall submit ten (10) copies of shop drawings or other data to the Project Manager. C. Within thirty (30) calendar days after the effective date of the Agreement, and prior to any construction activity, the Contractor shall submit to the Project Manager a complete list of preliminary data for which Shop Drawings are to be submitted. Included in this list shall be the names of all proposed manufacturers furnishing specific items. Review of this list by the Project Manager shall in no way expressed or implied relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Specifications. This procedure is required in order to expedite final review of Shop Drawings. D. The Contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner and Project Manager. This log should include the following items: 1. Submittal- Description and Number assigned. 2. Date to Project Manager. 3. Date returned to Contractor (from Project Manager). 4. Status of Submittal (Approved /Resubmit/Rejected). 5. Date of Resubmitted and Return (as applicable). 6. Date material released (for fabrication). 7. Projected date of fabrication. 8. Projected date of delivery to site. 9. Status of O & M submittal. 1.2 RELATED REQUIREMENTS A. Document 00700 "General Conditions." B. Section 01310 "Construction Schedules." C. Section 01600 "Material and Equipment." D. Section 01720 "Project Record Documents." E. Designate in the construction schedule or in a separate coordinated schedule, the dates for submission and the dates that reviewed Shop Drawings, Working Drawings and Samples will be needed. MIAMI SHORES VILLAGE 01340 -1 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.3 CONTRACTOR'S RESPONSIBILITY A. It is the duty of the Contractor to check all drawings, data and samples prepared by or for him before submitting them to the Project Manager for review. Each and every copy of the Drawings and data shall bear Contractor's stamp will be returned to the Contractor for conformance with this requirement. Shop drawings shall indicate any deviations in the submittal from requirements of the Contract Documents. B. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance and Specifications C. The Contractor shall furnish the Project Manager a schedule of Shop Drawing submittals fixing the respective dates for the submission of shop and working drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment. This schedule shall indicate those that are critical to the progress schedule. D. The Contractor shall not begin any of the work covered by a drawing, data, or a sample returned for correction until a revision or correction thereof has been reviewed and returned to him, by the Project Manager approved. E. The Contractor shall submit to the Project Manager all drawings and schedules sufficiently in advance of construction requirements to provide no less than twenty - one (21) calendar days for checking and appropriate action from the time the Project Manager receives them. F. The Contractor shall submit five (5) copies of descriptive or product data submittals to complement shop drawings for the Project Manager plus the number of copies, which the Contractor requires. The Project Manager will retain five (5) sets. All blueprint shop drawings shall be submitted with one (1) set of reproducible and four (4) sets of print. The Project Manager will review the drawings and return to the Contractor the set of marked -up drawings with appropriate review comments. G. The Contractor shall be responsible for and bear all cost of damages, which may result from the ordering of any material or from proceeding with any part of work prior to the review by Project Manager of the necessary Shop Drawings. 1.4 PROJECT MANAGER'S REVIEW OF SHOP DRAWINGS A. The Project Manager's review of drawings, data and samples submitted by the Contractor will cover only general conformity to the Specifications, external connections, and dimensions, which affect the installation. The Project Manager's review an exception if any, will not constitute an approval of dimensions, quantities, and details of the material, equipment, device, or item shown. MIAMI SHORES VILLAGE 01340 -2 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. The review of drawings and schedules will be general, and shall not be construed: 1. As permitting any departure from the Contract requirements; 2. As relieving the Contractor of responsibility for any errors, including details, dimensions, and materials. 3. As approving departures from details furnished by the Project Manager, except as otherwise provided herein. C. If the drawings or schedule as submitted describe variations per subparagraph (1.5.C), and show a departure from the Contract requirements which Project Managers finds to be in the interest of the Owner and to be minor as not to involve a change in the Contract Price or time for performance, the Project Manager may return the reviewed drawings without noting an exception. D. When reviewed by the Project Manager, each of the Shop Drawings will be identified as having received such review being so stamped and dated. Shop Drawings with required corrections shown will be returned to the Contractor for revision and resubmitted. E. Resubmitted will be handled in the same manner as the first submittals. On resubmitted, the Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, to revisions other than the corrections requested by the Project Manager on previous submissions. The Contractor shall make any corrections required by the Project Manager. F. If the Contractor considers any correction indicated on the drawings to constitute a change to the Contract Drawings or Specifications, the Contractor shall give written notice thereof to the Project Manager. G. The Project Manager will review a submittal /re- submitted a maximum of three (3) times after which cost of review will be borne by the Contractor. The cost of engineering shall be equal to the Engineer's charges to the Owner under the terms of the Engineer's agreement with the Owner. H. When the Shop Drawings have been completed to the satisfaction of the Project Manager, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Project Manager. No partial submittals will be reviewed. Submittals not complete will be returned to the Contractor. MIAMI SHORES VILLAGE 01340 -3 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples SHOP DRAWINGS. WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.5 SHOP DRAWINGS A. When used in the Contract Documents, the term "Shop Drawings" shall be considered to mean Contractor's plans for material and equipment, which become an integral part of the Project. These drawings shall be complete and detailed. Shop Drawings shall consist of fabrication, erection and setting drawings and schedule drawings, manufacturer's scale drawings, and wiring and control diagrams. Cuts, catalogs, pamphlets, descriptive literature, and performance and test data, shall be considered only as supportive to required Shop Drawings as defined above. B. Drawings and schedules shall be checked and coordinated with work of all trades involved, before they are submitted for review by the Project Manager and shall bear the Contractor's stamp of approval as evidence of such checking and coordination. Drawings or schedules submitted without this stamp of approval shall be returned to the Contractor for resubmission. C. Each Shop Drawing shall have a blank area 3'h by 3' /Z inches, located adjacent to the title block. The title block shall display the following: 1. Number and title of the drawing 2. Date of drawing or revision 3. Name of project building or facility 4. Name of contractor and subcontractor submitting drawing 5. Clear identification of contents and location of work 6. Specification title and number D. If drawings show variations from Contract requirements because of standard shop practice or for other reasons, the Contractor shall describe such variations in his letter of transmittal. If acceptable, proper adjustment in the Contract shall be implemented where appropriate. If the Contractor fails to describe such variations, he shall not be relieved of the responsibility for executing the work in accordance with the Contract, even though such drawings have been reviewed. E. Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction and similar descriptive material. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish and all other pertinent data. F. For all mechanical equipment furnished, the Contractor shall provide a list including the equipment name; address and telephone number of the manufacturer's representative and Service Company so that service and spare parts can be readily obtained. In addition, a maintenance and lubrication schedule for each piece of equipment shall be submitted along with each shop drawing submittal. G. All manufacturers or equipment supplier who proposes to furnish equipment or products shall submit an installation list to the Project Manager along with the required shop drawings. The installation list shall include at least five (5) installations where identical equipment has been installed and has been in operation for a period of at least one (1) year. MIAMI SHORES VILLAGE 01340 -4 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 H. Only the Project Manager will utilize the color "red" in marking Shop Drawing submittals. Before final payment is made, the Contractor shall furnish to Project Manager two (2) sets of record shop drawings all clearly revised, complete and up to date showing the permanent construction as actually made for all reinforcing and structural steel, miscellaneous metals, process and mechanical equipment, yard piping and instrumentation system. 1.6 CONTENT A. All submittals shall be accompanied by a transmittal letter containing the Contractor's name and address; project address; ER number; date; the number of each shop drawings and data submitted; and notification of deviations, if applicable. B. Shop drawings shall be submitted to the Village for materials and equipment to be furnished, except as otherwise specified herein. Shop drawings shall be of such character that they may be used as drawings and similar information necessary to clearly demonstrate to the Village that the item is in accordance with the Specifications. The Village reserves the right to require shop drawings for any item if it deems it necessary in order to substantiate conformance with the Specifications. 1.7 SAMPLES A. The Contractor shall furnish, for the approval of the Project Manager, samples required by the Contract Documents or requested by the Project Manager. Samples shall be delivered to the Project Manager as specified or directed. The Contractor shall prepay all shipping charges on samples. Materials or equipment for which samples are required shall not be used in work until approved by the Project Manager. B. Samples shall be of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of the product, with integrally related parts and attachment devices. 2. Full range of color, texture and pattern. 3. A minimum of two (2) samples of each item shall be submitted. C. Each sample shall have a label indicating 1. Name of Project. 2. Name of Contractor and Subcontractor. 3. Material or Equipment Represented. 4. Place of Origin. 5. Name of Producer and Brand (if any). 6. Location in Project. (Samples of finished materials shall have additional marking that will identify them under the finished schedules.) MIAMI SHORES VILLAGE 01340 -5 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples SHOP DRAWINGS WORKING DRAWINGS AND SAMPLES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 D. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in subparagraph 1.713 above. He shall enclose a copy of this letter with the shipment and send a copy of this letter to the Project Manager. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to change or modify any Contract requirements. E. Approved samples not destroyed in testing shall be sent to the Project Manager or stored at the site of the work. Approved samples of the hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in work shall match the approved samples. Samples, which failed testing or were not approved samples, will be returned to the Contractor at his expense, if so requested at time of submission. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01340 -6 Citywide Road Resurfacing Project Shop Drawings, Working Drawings and Samples PROJECT TESTING LABORATORY SERVICES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART 1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Owner provided Project Testing Laboratory Services to perform all Quality Assurance Testing. B. Contractor provided testing facilities to perform all Quality Control Testing. 1.2 ITEMS TO BE TESTED A. Compaction of backfill materials. B. Bituminous Pavements. C. Structural Portland Cement Concrete 1.3 REFERENCES A. ASTM C1077 Standard Practice for Laboratories Testing Concrete and Concrete Aggregates and Criteria for Laboratory Evaluation. B. ASTM D3666 Practice for Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving Materials. C. ASTM D3740 Practice for Evaluation of Agencies Engaged in testing and /or Inspection on Soil and Rock as used in Engineering Design and Construction. D. ASTM E329 Standard Recommended Practice for Inspection and Testing Agencies for Concrete, Steel and Bituminous Materials as used in Construction. 1.4 SELECTION AND PAYMENT A. Owner will employ and pay for services of an independent testing laboratory (Project Testing Laboratory) to perform all Quality Assurance testing. B. Contractor shall employ and pay for services of approved testing laboratories to perform all Quality Control Testing. 1.5 LABORATORY REPORTS A. After each inspection and test the Project Testing Laboratory will forward copies of all reports directly to Owner and Project Manager. MIAMI SHORES VILLAGE 01410 -1 Citywide Roadway Resurfacing Project Project Testing Laboratory Services PROJECT TESTING LABORATORY SERVICES CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.6 LIMITS ON PROJECT TESTING LABORATORY AUTHORITY A. Project Testing Laboratory may not release, revoke, alter or enlarge on requirements of Contract Documents. B. Project Testing Laboratory may not approve or accept any portion of the work. C. Project Testing Laboratory may not assume any duties of the Architect/Project Manager, the Field Representative or the Contractor. D. Project Testing Laboratory has no authority to stop work. 1.7 CONTRACTOR RESPONSIBILITIES A. Make available to Project Testing Laboratory at designated location adequate samples of materials proposed to be used that require testing, together with proposed mix designs. B. Cooperate with laboratory personnel and provide access to work. C. Provide incidental labor and facilities to provide access to work to be tested, to obtain and handle samples at the site or at source of products to be tested, to facilitate tests and inspections, and for storage and curing of test samples. D. Notify the Field Representative, Owner and laboratory forty -eight (48) hours prior to expected time for operations requiring inspection and testing services. E. Costs of all quality assurance testing, except for retesting due to failure, will be paid by Owner. Failed tests will be retested at Contractor's expense. F. Cost of all Quality Control Testing and retesting of failed Quality Assurance tests will be paid for by the Contractor. G. Arrange with Project Testing Laboratory and pay for additional samples and tests required by Contractor beyond specified requirements. 1.8 RETESTING A. The Owner retains the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Project Manager shall have the right to reject material which, when retested, does not meet the requirements of the Contract Documents. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01410 -2 Citywide Roadway Resurfacing Project Project Testing Laboratory Services CONTROL OF WORK CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 PART1 GENERAL 1.1 QUALITY OF WORK A. The Contractor shall furnish personnel and equipment which will be efficient, appropriate and large enough to secure a satisfactory quality of work and a rate of progress which will insure the completion of the work within the time stipulated in the Proposal. If at any time such personnel appear to the Project Manager to be inefficient, inappropriate or insufficient for securing the quality of work required or for producing the rate of progress aforesaid, he may order the Contractor to increase the efficiency, change the character or increase the personnel and equipment, and the Contractor shall conform to such order. Failure of the Project Manager to give such order shall in no way relieve the Contractor of his obligations to secure the quality of the work and rate of progress required. 1.2 PRIVATE LAND A. The Contractor shall not enter or occupy private land outside of easements, except by written permission of its Owner. 1.3 STREET LOCATIONS A. Street roads shall be located substantially as indicated on the Drawings or Map, but the City reserves the right to make such modifications in locations as may be found desirable to avoid interference with existing structures or for other reasons. PART 2 EXECUTION 2.1 COOPERATION WITHIN THIS CONTRACT A. All firms or persons authorized to perform any work under this Contract shall cooperate with the Contractor and his subcontractors or trades, and shall assist in incorporating the work of other trades where necessary or required. B. Cutting and patching, drilling and fitting shall be carried out where required by the trade or subcontractor having jurisdiction, unless otherwise indicated herein or directed by the Project Manager. 2.2 PROTECTION OF CONSTRUCTION AND EQUIPMENT & All newly constructed work shall be carefully protected from injury in any way. No wheeling, walking, or placing of heavy loads on it shall be allowed and all portions injured shall be reconstructed by the Contractor at his own expense. MIAMI SHORES VILLAGE 01505 -1 Citywide Roadway Resurfacing Project Control of Work CONTROL OF WORK CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 B. All structures shall be protected in a manner approved by the Project Manager. Should any parts of the structures become heaved, cracked or otherwise damaged, all such damaged portions of the work shall be completely repaired and made good by the Contractor at his own expense and to the satisfaction of the Project Manager. If, in the final inspection of the work, any defects, faults or omissions are found, the Contractor shall cause the same to be repaired or removed and replaced by proper materials and workmanship without extra compensation for the materials and labor required. Further, the Contractor shall be fully responsible for the satisfactory maintenance and repair of the construction and other work undertaken herein, for at least the guarantee period described in the contract. C. Further, the Contractor shall take all necessary precaution to prevent damage to any structure due to water pressure during and after construction and until such structure is accepted and taken over by the Owner. END OF SECTION MIAMI SHORES VILLAGE 01505 -2 Citywide Roadway Resurfacing Project Control of Work MOBILIZATION CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 DESCRIPTION A. The work specified in this Section consists of the preparatory work and operations in mobilizing for beginning work on the Project, including, but not limited to, the following: 1. The costs of any required insurance, and any other preconstruction expense necessary for the start of the work, excluding the cost of payment and performance bonds and the cost of construction materials. 2. The costs of operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site. 3. The costs for the establishment of temporary offices, shops, buildings, construction identification signs, safety equipment and first aid supplies, sanitary and other facilities, as required by the Contract Documents, and any Federal, State and /or local laws and regulations. B. The Contractor shall prepare and submit to the Project Manager a detailed itemized cost breakdown of this item at the preconstruction conference. PART 2 METHOD OF MEASUREMENT 2.1 MEASUREMENT OF MOBILIZATION A. Measurement of mobilization for payment shall be the work, completed and accepted in accordance with the Plans and Specifications. 2.2 PARTIAL PAYMENTS FOR MOBILIZATION A. Partial payments for mobilization will not be allowable. I3. The standard Retainage will be applied to these allowances. Partial payments made on this item shall in no way act to preclude or limit any of the provisions for partial payments otherwise provided for by the Contract. PART 3 BASIS OF PAYMENT 3.1 PAYMENT FOR MOBILIZATION A. As described above shall payment shall be made at the contract lump sum price bid, which price and payment shall be full compensation for furnishing all labor, materials, equipment, tools and incidental necessary to complete the work under this Section: Payment shall be made under: Item 1 MIAMI SHORES VILLAGE Citywide Roadway Resurfacing Project Mobilization per Lump Sum 01510 -1 Mobilization MOBILIZATION CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018- APR -01 END OF SECTION MIAMI SHORES VILLAGE 01510 -2 Citywide Roadway Resurfacing Project Mobilization CONTRACT CLOSEOUT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Comply with requirements stated in Conditions of the Contract and in Specifications for administrative procedures in closing out the work. 1.2 RELATED REQUIREMENTS A. Conditions of the Contract: Fiscal provisions, legal submittals and additional administrative requirements. B. Section 01720 "Project Record Documents." 1.3 BENEFICIAL OCCUPANCY A. When the Village Project Manager considers work is substantially complete for beneficial use, he will submit a letter to the Contractor informing intent to take early possession of that part of the work for partial use. The written notice shall describe the Village's reason for early beneficial occupancy. B. The Contractor shall adjust his work schedule to accommodate the Village's plan to utilize the facility. The Contractor will continue the work while allowing the Village full access and use of the facility. C. The Contractor shall not request a time extension or additional costs based upon the Village's early occupancy of the site and use of the facilities. All additional costs associated with the Village's early occupancy of the site shall be borne by the Contractor. 1.4 SUBSTANTIAL COMPLETION A. When the Contractor considers the work is substantially complete, he shall submit to the Project Manager: 1. A written notice that the work or designated portion thereof is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, the Project Manager will make an inspection to determine the status of completion. MIAMI SHORES VILLAGE 01700 -1 Citywide Roadway Resurfacing Project Contract Closeout CONTRACT CLOSEOUT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 C. Should the Project Manager determine that the work is not substantially complete: 1. The Project Manager will promptly notify the Contractor in writing, giving the reasons therefore. 2. The Contractor shall remedy the deficiencies in the work and send a second written notice of substantial completion to the Project Manager. 3. The Project Manager will re- inspect the work. D. When the Project Manager finds that the work is substantially complete, he will: 1. Prepare and deliver to the Village a tentative Certificate of Substantial Completion with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Village as provided by Conditions of the Contract, and when the Project Manager considers the work substantially complete, he will execute and deliver to the Village and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.5 FINAL INSPECTION A. When the Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the Village's representative and are operational. 5. Work is completed and ready for final inspection. B. The Project Manager will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should the Project Manager consider that the work is incomplete or defective: 1. The Project Manager will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certificate to the Project Manager that the work is complete. 3. The Project Manager will re- inspect the work. D. When the Project Manager finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. MIAMI SHORES VILLAGE 01700 -2 Citywide Roadway Resurfacing Project Contract Closeout CONTRACT CLOSEOUT CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.6 RE- INSPECTION FEES A Should the Project Manager perform re- inspections due to failure of the Work to comply with the claims of status of completion made by the Contractor: 1. Village will compensate the Project Manager for such additional services. 2. Village will deduct the amount of such compensation from the final payment to the Contractor. 1.7 CONTRACTOR'S CLOSEOUT SUBMITTALS TO PROJECT MANAGER A. Evidence of compliance with requirements of governing authorities. B. Project Record Documents: To requirements of Section 01720. C. Evidence of Payment and Release of Liens: To requirements of General and Supplementary Conditions. 1.8 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the Project Manager, B. Statement shall reflect all adjustment to the Contract Sum. 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous Change Orders b. Allowances C. Unit Prices d. Deductions for uncorrected work e. Deductions for liquidated damages f. Deductions for re- inspection payments g. Other adjustments 3. Total Contract Sum, as adjusted. 4. Previous payments. 5. Sum remaining due. C. Project Manager will prepare a final Change Order, reflecting approved adjustments to the Contract Sum where not previously made by Change Orders. 1.9 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01700 -3 Citywide Roadway Resurfacing Project Contract Closeout PROJECT RECORD DOCUMENTS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 DESCRIPTION A. Scope of Work: For contracts where the work is performed at an on -site location maintain one record copy of: 1. Record Drawings. 2. Record Specifications. 3. Addenda. 4. Change Orders and other modification of the contract. 5. Project Manager's written orders or instructions. 6. Approved Shop Drawings, Product Data and Samples. 7. Field Test records. 8. Construction photographs. B. The records listed above are to be made available to the Project Manager at all times. C. Related Requirements Described Elsewhere: 1. Section 01340 "Shop Drawings, Product Data and Samples." 2. Section 01700 "Contract Closeout." 3. Warranties and Bonds. 1.2 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Maintain documents in a clean dry, legible, condition and in good order. Do not use record documents for construction purposes. 1.3 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record all information for pipeline projects and on -site projects concurrently with construction progress. 1. Do not conceal any work until as -built information is recorded by the Contractor and the Village. 2. All locations for future connections or tie -ins shall be left unburied and uncovered until the Village's surveying forces obtain and record the as -built information. This is in addition to the Contractor's recorded information. 3. Restrained pipe, end line valves, thrust blocks need to be left uncovered for the last complete length. Inline valves and tees shall be left exposed for one (1) length on both sides plus the face end. Record the elevation, deviation from horizontal and vertical alignment and the inclination for these items. 4. Maintain records of all pipeline project and on -site project deviations from Drawings and Specifications by a Florida Registered Land Surveyor. MIAMI SHORES VILLAGE 01720 -1 Citywide Roadway Resurfacing Project Project Record Documents PROJECT RECORD DOCUMENTS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 5. For Pipe Installation in All Pipeline Projects and On -site Projects: During entire construction operation retain the services of a Florida Registered Land Surveyor who shall maintain records of the installation, including all deviations from Drawings and Specifications. 6. He shall record as -built dimensions and elevations every 25 feet or portion thereof along pipeline and at every abrupt change in direction of the new line. 7. He shall record locations and elevations for each valve, fitting, service line, fire hydrant, water sampling point, and also for above ground piping and other appurtenances along the pipeline. Specific locations and elevation of equipment, the buildings and miscellaneous items installed inside them shall be recorded as applicable. 8. Contractor's Licensed Surveyor shall prepare as -built record drawings showing correctly and accurately the installation, embracing all changes and deviations made during construction, including all approved construction variances, to reflect the work as it was constructed. 9. Record Drawings shall be prepared on 4 -mil mylar as specified hereinafter. Record Drawings and three (3) blue line copies shall be signed and sealed by the Surveyor and shall be submitted to the Village for the Project Manager's review within ten (10) calendar days following the completion date of successful pressure testing of all mains and appurtenances under this Contract. 10. If the Project Manager determines that the Drawings are not acceptable, they will be returned to the Contractor with a cover letter noting the deficiencies and /or reasons for the disapproval. Contractor shall have ten (10) calendar days to correct all exceptions taken by the Project Manager and resubmit as- built record drawings to the Project Manager for final acceptance. 1.4 DRAWINGS A. On Site Projects: During the entire construction operation, maintain records of all deviations from the Plans and Specifications as approved by the Project Manager and prepare As -Built Record Drawings showing correctly and accurately all changes and deviations made during construction to reflect the work as it was actually constructed. It is the responsibility of the Contractor to check the As -Built Record Drawings for errors and omissions prior to submittal to the Village and certify in writing that the As- Built Record Drawings are correct and accurate, including the actual location of all internal piping, electrical /signal conduits in or below the concrete floor. Indicate the size, depth and voltage in each conduit. B. Drawings shall conform to recognized standards of drafting, shall be neat, legible and on 24- x 36 -inch, 4 -mil mylar. Final payment will not be made until the set of as -built record drawings and three (3) sets of blue -line prints have been approved and accepted by the Project Manager. 1. In cases where a portion of the pipeline system is put into service, the above conditions will apply for the in service portion and monthly payments will be withheld until the as -built Drawings are accepted by the Project Manager. MIAMI SHORES VILLAGE 01720 -2 Citywide Roadway Resurfacing Project Project Record Documents PROJECT RECORD DOCUMENTS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 C. Legibly Mark To Record Actual Construction: On -site structures and site work by Contractor's License Surveyor. 1. Depths of various elements of foundation in relation to finish first floor datum. 2. All underground piping and ductwork with elevations and dimensions and locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. Actual installed pipe material, class, etc. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. Air conditioning ducts with locations of dampers, access doors, fans and other items needing periodic maintenance. 4. Field changes in dimensions and details. 5. Changes made by Project Manager's written instructions or by Change Order. 6. Details not on original Contract Drawings. 7. Equipment and piping relocations. 8. Major architectural and structural changes in structures, including tanks. 9. Architectural schedule changes according to Contractor's records and shop drawings. D. Specifications and Addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and Supplier of each product and item of equipment actually installed. 2. Changes made by Project Manager's written instructions or by Change Order. 3. Approved Shop Drawings: Provide record copies for each process equipment, piping, electrical system and instrumentation system. 1.5 SUBMITTALS A. At close -out, deliver Record Documents to the Project Manager for the Village. B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) I�r•IZ�T�.yx��[�7►1 MIAMI SHORES VILLAGE 01720 -3 Citywide Roadway Resurfacing Project Project Record Documents WARRANTIES AND BONDS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL 1.1 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds, as specified in the Bidding Documents and Contract Documents of these Specifications. B. Co- execute submittals when so specified. C. Review submittals to verify compliance with Contract Documents. D. Submit to the Project Manager for review and transmittal to Village. 1.2 RELATED REQUIREMENTS A. Instructions to Bidders: Bid Bonds. B. Conditions of the Contract: Performance Bond and Payment Bond. C. Section 01700 "Contract Closeout." 1.3 SUBMITTAL REQUIREMENTS A. Assemble warranties, bond, and service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. B. Two (2) original signed copies are required. C. Table of Contents: neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm, with name of principal, address and telephone number. 3. Scope. 4. Date of beginning of Warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service maintenance contract. 6. Provide information for Village's personnel: a. Proper procedure in case of failure. b. Instances, which might affect the validity of warranty or bond. 7. Contractor, name of responsible principal, address and telephone number. D. All warranties and bonds shall be submitted prior to the issuance of final payment. MIAMI SHORES VILLAGE 01730 -1 Citywide Roadway Resurfacing Project Warranties and Bonds WARRANTIES AND BONDS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 1.4 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8'/ x 11 inches, punch sheets for standard 3 -post binder 2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS ". List: a. Title of Project b. Name of Contractor C. Binders: Commercial quality, 3 -post binder, with durable and cleanable plastic covers and maximum post width of 2 inches. 1.5 WARRANTY SUBMITTAL REQUIREMENTS A. For all major pieces of equipment, submit a 1 -year warranty from the equipment manufacturer unless a longer period is specified in the Technical Specifications. The manufacturer's warranty period shall be concurrent with the Contractor's for one (1) year commencing at the time of acceptance by the Village. B. In the event that the equipment manufacturer or supplier is unwilling to provide a specified warranty commencing at the time of Village acceptance, the Contractor shall obtain from the manufacturer a 2 -year (or for such other longer period as specified) warranty commencing at the time of equipment delivery to the job site. This 2 -year warranty from the manufacturer shall not relieve the Contractor of the specified warranty starting at the time of Village acceptance of the equipment. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not Used) END OF SECTION MIAMI SHORES VILLAGE 01730 -2 Citywide Roadway Resurfacing Project Warranties and Bonds MAINTENANCE OF TRAFFIC AND PUBLIC STREETS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 PART1 GENERAL A. The Contractor shall be responsible for the maintenance of public streets and traffic control as specified hereinafter. The cost of Traffic Control shall be included for payment under bid item No. 2 in the Proposal. 1.2 REGULATIONS A. As used herein, any reference to Miami -Dade County, its departments, or its published regulations, permits and data, shall be synonymous and interchangeable with other recognized governing bodies over particular areas or streets, or their departments, published regulations (i.e., Manual of Uniform Traffic Control Devices (MUTCD), FDOT Roadway and Bridge Standard Index Drawing Book), permits or data. The Contractor shall abide by all applicable laws, regulations, and codes thereof pertaining to Maintenance of Traffic (MOT) on public streets, detour of traffic, traffic control and other provisions as may be required for this Project. 1.3 MAINTENANCE OF TRAFFIC (MOT) A. The Contractor shall be fully responsible for the MOT on public streets, detour of traffic (including furnishing and maintaining regulatory and informative signs along the detour route), traffic control, and other provisions, throughout the Project, as required by the Department of Public Works, Traffic Engineering Division (Traffic Division) or FDOT and the above noted standards. Traffic shall be maintained according to corresponding typical traffic control details as outlined in the Miami -Dade County Public Works Manual and the above noted standards. A street shall neither be completely blocked nor blocked more than one -half ('/2) at any time, keeping the other one -half (%2) open for traffic without specific approval. B. If required by the Project Manager, Traffic Division or FDOT or as otherwise authorized by the Project Manager, the Contractor shall make arrangements for the employment of uniformed off -duty policemen to maintain and regulate the flow of traffic through the work area. The number of men required and the number of hours on duty necessary for the maintenance and regulation of traffic flow shall be provided by the Contractor. C. The Contractor shall provide all barricades with warning lights, necessary arrow boards and signs, to warn motorists of the work throughout the Project. Adequate approved devices shall be erected and maintained by the Contractor to detour traffic. D. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. The Contractor shall provide necessary access to all adjacent property during construction. MIAMI SHORES VILLAGE 01750 -1 Citywide Roadway Resurfacing Project Maintenance of Traffic and Public Streets MAINTENANCE OF TRAFFIC AND PUBLIC STREETS CITYWIDE ROADWAY RESURFACING PROJECT BID # 2018 - APR -01 E. The Contractor shall be responsible for the provision, installation and maintenance of all MOT and safety devices, in accordance with specifications outlined in the Miami - Dade County Public Works Manual and the above noted standards. In addition, the Contractor shall be responsible for providing the Project Manager with MOT plans for lane closures and /or detours for approval. These plans (sketches) shall be produced by an individual employed by the Contractor and certified as "Work Zone Traffic Safety Supervisor" by the International Municipal Signal Association. F. Where excavations are to be made in the vicinity of signalized intersections, attention is directed to the fact that vehicle loop detectors may have been embedded in the pavement. Verify these locations by inspecting the site of the work and by contacting the Sunshine State One -Call Center (1- 800 - 432 - 4770), forty -eight (48) hours prior to any excavation. Any loop detector which is damaged, whether shown on the Plans or not, shall be repaired or replaced to the satisfaction of the Traffic Division. G. Where applicable, the Contractor shall notify the Traffic Division twenty -four (24) hours in advance of the construction date or forty -eight (48) hours in advance of construction within any signalized intersection. H. Temporary pavement will be required over all cuts in pavement areas, and also where traffic is to be routed over swale or median areas. When the temporary pavement for routing traffic is no longer necessary, it shall be removed and the swale or median areas restored to their previous condition. Pavement markings damaged during construction shall be remarked, as required by the Traffic Division. 1.4 MAINTENANCE OF TRAFFIC FOR BYPASS PUMPING A. The Contractor shall take appropriate steps to ensure that all temporary pumps, piping and hoses are protected from vehicular traffic and pedestrian traffic. 1.5 LANE CLOSURES A. Where construction of the project shall involve lane closures public streets, the following shall apply: Lane closures require a Lane Closure Permit, obtained two (2) weeks prior to planned construction, with a minimum 48 -hour prior notice to local police and emergency departments (some police jurisdictions may require considerably more notice). Lane closures of a one day or less duration will generally not be approved for major collector streets or for arterial streets during the hours of 7am to 9am and 4pm to 6pm during weekdays. END OF SECTION MIAMI SHORES VILLAGE 01750 -2 Citywide Roadway Resurfacing Project Maintenance of Traffic and Public Streets X#AC�Mt'011 � / weekley asphalt paving, inc. 20701 STIRLING ROAD • PEMBROKE PINES, FL 33332 REFERENCES Target Engineering Jennifer Olson, Sr. Vice President 359 Alcazar Ave. Coral Gables, FL 33134 Phone: 954 - 868 -3123 Fax: 305 - 446 -2340 e -mail: jolson @targetengineering.com Florida Department of Transportation Pete Nissen, PE, Construction Engineer Turnpike Operations Center Pompano Service Plaza Mile Post 65, Florida Turnpike Pompano Beach, FL 33069 Phone: 954 - 934 -1113 Fax: 954 - 934 -1359 e -mail: pete.nissen @dot.state.fl.us Bergeron Land Development Ron Bergeron, President 19612 S.W. 69 Place Fort Lauderdale, FL 33332 Phone: 954 - 680 -6100 Fax: 954 - 680 -3976 e -mail: tina.garcia @bergeroninc.com CIMA James Jeffers, P.E. 4101 Ravenswood Rd., Suite 113 Ft. Lauderdale, FL 33312 Phone: 954 - 581 -1881 Fax: 954 - 769 -1769 e -mail: jamesjeffers @cimaemail.com Florida Department of Transportation District No. 6 Mario Cabrera, District Construction Engineer 1000 N.W. 111th Avenue Miami, FL 33172 Phone: 305 - 640 -7445 Fax: 305 - 499 -2351 mario.cabrera@dot.state.fl.us PHONE: (954) 680 -8005 ENGINEERING FAX (954) 680 -8671 • ACCOUNTING FAX (954) 680 -8692 /IA't�� weekley asphalt paving, inc. 20701 STIRLING ROAD - PEMBROKE PINES, FL 33332 REFERENCES City of Oakland Park Art Saey, Public Works Director 5100 NE 12 Terrace Oakland Park, FL 33334 Phone: 954 - 630 -4433 Fax: 954 - 630 -4404 e -mail: arthurs @oakiandparkfl.org City of Pembroke Pines Karl Kennedy, Acting City Engineer 13975 Pembroke Road Pembroke Pines, FL 33027 Phone: 954 - 435 -6511 Fax: 954 - 435 -6755 e -mail: kkennedy @ppines.com City of Plantation Brett Butler, City Engineer 401 N.W. 701h Terr. Plantation, FL 33317 Phone: 954 - 797 -2282 Fax: 954 -797 -2761 e -mail: bbutler @plantation.org City of Margate Sam May, Public Works Director 102 Rock Island Road Margate, FL 33063 Phone: 954 - 972 -8126 Fax: 954 - 972 -7586 e -mail: smay @margatefl.com City of Boca Raton Michael Dyko, Chief Inspector 201 Palmetto Park Road Boca Raton, FL 33432 Phone: 561 - 239 -0389 Fax: 561 - 416 -3418 e -mail: mdyko @myboca.us PHONE: (954) 680 -8005 ENGINEERING FAX (954) 680 -8671 • ACCOUNTING FAX (954) 680 -8692 N�0 rip �(en v A O 0 O O D 2 1 1 0 O° p pv col = p D° 5 m O O O w n 3 a Wo v 1 a v v 1 a a 3 0 0 3 3 H° z nQQ N o m z z` a z 0 'm° m y a w o a rt w v j i p v ^? m w 'Z a D n ° v° 0 5-.o 3 m 3 a n d- N El w A N w F p µ W N p M w N o _ o - Im N W a ° ° M Z x 2 3 3 O c n= v n ? xa� �rAo °_ nS 6 R° P m ° a e) "mom o °. vow_ _ 3t^ a _ w m _ z A w' _O� _ n - - 3 a o a w o O a o y w W A A w 1 in p Z N A O O AS -Ti N m „ .' m do C O p O m 0 9 N m R. 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O O Z O Om. z z O o ° o 30 r G 3p a 30 w o 30 x F n z p EA a z o °- 3. z o c s F o o n 3 z °0 ;ln 3 z 3 l ` A,o D a s v A o -m qw D A °c wDp o R v ' '^ n p F F w y 7 w D N c< ET 3 3 � 0 3 x F 3 3 3 ne ZD `m T o E r o 0 3 m v w m F° m 3 ti a = a w W 3 o m w 3 , o o A N W n m O V ~ 3 p o 0 m Z G D < �, 00 0 z 0 O w 1 A 0 p 1 v m 3m Im O 3 D D D _ D o ~O A Z m O� 22 m m Z x 0 t�ii ➢ w -i D m o oO A < O n z A z n� 6 3 x DA — y�n C A 2 = fn r V G D 0 N m N 1 fJ A T .ZI fi1 m m vDi n O V< Z y (u y C A I x z vii D < m m o A 71 z 00 x c ZO D �3 A O o Z Ow r v a `L, ' _ ?P, o A °< ° 3 2 3 3 '° n n o n 3 a c m a N w s 3 3 'o° 3 u F 3 cot 3 2 a pii w 3 w 'a n 7 '_ w' w '°�ri j 3 4 3R o 3 o G w _ 'o ' c K m °, .', 3 $ °, 3, _ 0 - o ° ' 3 '- G _ 3 lg o- c -- o n£ go n gp -- a o < • 0 0- a m .oi v e £ -�., v 3 m F 3 'm x. c - H o .a, - - o. - o i _ w F m' - 0, 3 _ �, 3 n °° 3 0 c .T 30'0 - » .'. _ _ ^ o m 3 3 A 3 �`3° -�� 3�1w F - '". 2 v �° o-? o m � m a - o c�6 -O v a w - m, 3 3 2 z a s 'a ^c 3 v° °w 0 3 0. a s - Z. m o d 2 w " n m 6 ^ °' z E n �, m x F_ - s z? m 1 F ° m .. a 3 D o - 3 H. 1 a 3 w_ o F v i' 0 -- ° -9 ' ao 3 3 0 °w =" o 3- o o o o 3 a _ o a P, a n O 0 3 �v m � 0 z RICK SCOTT, GOVERNO LICENSE NUMBER :1 1 R KEN LAWSON, SECRETARY u �4�i(ff STATE 0>= FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31; 2018 WORKMAN, BARRY TOD WEEKLEY ASPHALT PAVING INC 304 INDIAN TRACE, STE 172 WESTON FL 33326 ISSUED: 06/12/2016 000123 DISPLAY AS REQUIRED BY LAW Local Business Tax Receipt Miami —Dade County, State of Florida -THIS IS NOT A BILL - DO NOT PAY 457283 � V9 (3 � ar jr, ter; FL L �t `' rd• ❑ r j� =' • r SEQ # L1606120001670 LBT BUSINESS NAMEILOCATION RECEIPT NO. EXPIRES WEEKLEY ASPHALT PAVING INC RENEWAL SEPTEMBER 30, 20181 DOING BUS IN DADE CO 457283 Must be displayed at place of business MIAMI FL 33000 Pursuant to County Code Chapter 8A - Art. 9 & 10 OWNER SEC. TYPE OF BUSINESS PAYMENT RECEIVED WEEKLEY ASPHALT PAVING INC 196 SPECIALTY ENGINEERING CONTRACT BY TAX COLLECTOR Worker(s) 10 E2309 $75.00 08/3:1/2017:- ; CHECK21 -17- 079078 This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license, permit, ara certification of the holder "s quafitications, to do business. Holder mustcbmply with any governmental m or nongoverrsental regulatory laws and requirements which apply to the business. The RECEIPT N0, above must be displayed on all commercial vehicles - Miami -Dade Code Sec 8a -276. For more information, visit www.miamidade.govttaxcailectot CTQ Construction Trades Qualifying Board BUSINESS CERTIFICATE OF COMPETENCY - E2309 EEKLEY ASPHALT PAVING INC WEEKLEY WAYNE D Is certified under the provisions of Chapter 10 of Miami -Dade County