Construction_-_Articles_and_Bond_Forms.pdf

SPECIAL PROVISIONS FOR

CONSTRUCTION CONTRACTS

ARTICLE 1 GENERAL CONDITIONS

ARTICLE 2 ADMINISTRATION OF THE CONTRACT

ARTICLE 3 OWNER

ARTICLE 4 CONTRACTOR

ARTICLE 5 SUBCONTRACTOR

ARTICLE 6 MISCELLANEOUS PROVISIONS

ARTICLE 7 CHANGES IN THE WORK

ARTICLE 8 CLAIMS FOR ADDITIONAL COMPENSATION

ARTICLE 9 CONFORMITY WITH CONTRACT DOCUMENTS

ARTICLE 10 PAYMENTS

ARTICLE 11 CONTRACT COMPLETION

ARTICLE 12 CANCELLATION OR TEMINATION OF CONTRACT

ARTICLE 13 CONTRACTOR AND SUBCONTRACTORS GUARANTEE

FORMS AND AFFIDAVITS

GENERAL CONDITIONS

ARTICLE 1

DEFINITIONS

1.1 DEFINITIONS

When used in these Contract Documents (defined below). Or in related documents, the following terms, or pronouns are used in place of them, shall have the meanings given below:

1.1.01 Addendum: A modification of the Plans, Specifications or other Contract Documents distributed to prospective Bidders prior to the opening of Bids.

1.1.02 Advertisement for Bids: The public notice inviting the submission of Bids for the work.

1.1.03 Architect/Engineer: The Architectural or Engineering firm which prepared these Contract Documents and which acts as the City of Homestead’s agent in administration of the Contract.

1.1.04 Beneficial Occupancy: The City may, in its sole discretion, occupy any portion of the Work prior to Substantial Completion of the work. This will not relieve the Contractor of its obligation to fully complete the work in accordance with the Contract Documents.

1.1.05 Bid: The written offer of a Bidder to perform the work.

1.1.06 Bid Bond: A bond executed by a Bidder and its Surety in the attached form guaranteeing that the Bidder, if awarded the Contract will execute the same and will timely furnish the required Performance Bond, Payment Bond, and evidence of Insurance.

1.1.07 Bidder: Any individual, firm, partnership or corporation submitting a Bid in accordance with the Instructions to Bidders.

1.1.08 Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Technical Specifications and Plans, together with all Addenda.

1.1.09 Bid Form: The form on which Bids are submitted.

1.1.10 Bulletin: Any written document initiated by the Architect/Engineer, advising the Contractor of proposed alterations, revisions, additions and deletions in the work and requesting itemized price quotations for such proposed changes.

1.1.11 Calendar Day: Everyday shown on the calendar.

1.1.12 Change Order: A written agreement executed by the City, the Contractor and the Contractor’s Surety, covering modifications to the Contract recommended by the Architect/Engineer and approved by the City Manager and/or City Council.

1.1.13 City: A political subdivision, Incorporated City within Miami-Dade County of the State of Florida, whose governing body is a City Council consisting of a Mayor, Vice Mayor and five City Council members.

1.1.14 City Manager: The manager of City of Homestead, Florida.

1.1.15 Contract: The written agreement between the City and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration.

1.1.16 Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Supplemental Provisions, Technical Specifications and Plans, together with all Addenda, Change Orders, Schedules and Shop Drawings.

1.1.17 Contractor: The individual, firm, partnership, corporation or joint venture whose Bid is accepted and who enters into a Contract with the City of Homestead and who is liable for the acceptable performance of the work and for the payment of all legal debts pertaining to the Work.

1.1.18 Contract Time: The number of days allowed for completion of the work. The Contract Time will be stipulated in the Bid Form, unless extended by a Change Order. All contract time shall be measured in calendar days.

1.1.19 Days: Reference made to Days shall mean consecutive calendar days.

1.1.20 Delays: May be Excusable or Non-Excusable. Excusable Delays may be Compensable or Non- Compensable, as further defined within the text of these General Conditions.

1.1.21 Direct Costs: Direct Costs recoverable by the Contractor as a result of changes in the Work shall be limited to the actual additional costs of labor and materials installed as part of the Work and for the reasonable additional cost of rental for any Special Equipment or Machinery. Labor shall be limited to site labor costs, including Employers Payroll Burden. Specifically excluded from labor are the costs of general foremen and site office personnel. Materials are limited to permanent materials required by the drawings and specifications and materials approved by the Architect/Engineer as necessary to install the permanent materials in an efficient and workmanlike manner. Rental for Special Equipment and Machinery shall be an amount equal to the appropriate hourly daily, or monthly rental rate for such equipment, in accordance with the current issue of Associated Equipment Distributor “Compilation of Nationally Averaged Rental Rates and Model Specifications for Construction Equipment” (not withstanding the caveats contained therein that such rental rates are not for use by government agencies) for each and every rental period (in hours, days, or months as applicable) that the Special Equipment or Machinery is in use on the work. For Special Equipment or Machinery not listed in said document the Contractor shall be paid a rental rate corresponding to the average prevailing rental rate for such equipment or machinery in Miami-Dade County, Florida, subject to approval by the Architect/Engineer.

No additional payment shall be made to the Contractor for fuel, lubricants, fair wear and tear, transportation, insurance or depreciation. Any equipment or machinery not designated by the Architect/Engineer as Special Equipment and Machinery shall be considered Overhead.

1.1.22 Employer’s Payroll Burden: The term “employers payroll burden” shall include, but is not limited to, the following items: costs of workers’ compensation insurance, applicable fringe benefits and liability insurance, employer social security contribution, employer pension contributions, unemployment insurance and health insurance.

1.1.23 Extra Work: An item of work not provided for in the awarded contract as previously modified by Change Order, but which is found by the Architect/Engineer to be necessary to complete the work within the intended scope of the Contract.

1.1.24 Field Representative: An authorized representative of the Owner providing administrative and construction inspection services during the preconstruction, construction, and closeout phases of the Contract.

1.1.25 Indirect Costs: The total daily compensation for approved compensable delays, which consist of all costs associated with: project bond premiums, project insurance premiums, costs of supervision, coordination, superintendents, general foremen, consultants, schedulers, cost controllers, accountants, office administrative personnel, time keepers, clerks, secretaries, watch persons, small tools, equipment or machinery not designated by the Architect/Engineer as Special Equipment or Machinery, utilities, rent, telephones, facsimile machines, computers, word processors, printers, plotters, computer software, home office expense, all expendable items, job site and general office expenses, profit, extended jobsite general conditions, interest on monies retained by the City of Homestead, escalated costs of materials and labor, decreased productivity, home office expenses or any cost incurred that may be allocated from the headquarters of the Contractor or any of its subcontractors, loss of any anticipated profits, loss of bonding capacity or capability losses, loss of business opportunities, loss of productivity on this or any other project, loss of interest income on funds not paid, costs to prepare a bid, cost to prepare a quote for a Change in the Work, costs to prepare, negotiate or prosecute claims, costs of legal and accounting work, costs spent to achieve compliance with applicable laws and ordinances, loss of projects not bid upon, loss of productivity or inefficiencies in the execution of the Work.

1.1.26 Lessee: Any individual, partnership or corporation having a tenant relationship with the City of Homestead.

1.1.27 Liquidated Damages: The amount that the Contractor accepts, as stipulated herein, that will be deducted from the Contract Sum for each Calendar day of delay due to a Non-excusable Delay.

1.1.28 Liquidated indirect Costs: The amount stipulated in the Bid Form that will be added to the Contract sum for each Calendar Day of delay due to a Compensable Delay. The Contractor accepts this sum as full compensation for the Contractors and all its Subcontractors Indirect Costs. There will not be any compensation for delays.

1.1.29 Notice To Proceed (NTP): The written communication issued by the City to the Contractor directing the Contractor to begin contract work and establishing the date of commencement of the work.

1.1.30 Owner: The term Owner as used in this Contract shall mean the City of Homestead, but it excludes the regulatory departments of Development Services, Building Safety, Planning & Zoning, Development and Regulation (Building and Zoning); City Utilities, Departments of Miami Dade County, Department of Environmental Resources Management (DERM); Public Works, Water & Sewer, and Fire Department or their successors.

1.1.31 Performance and Payment Bonds: Bonds executed by the Contractor and his Surety, on the attached forms, assuring that the Contractor will, in good faith, perform and guarantee the work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the prosecution of the Work.

1.1.32 Plans: The drawings, or reproductions thereof, prepared by the Architect/Engineer, which show the locations, character, dimensions and details of the work to be done and which are part of the Contract Documents.

1.1.33 Project: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractor’s obligations.

1.1.34 Project Manual: The portion of the Contract Documents, prepared by the Architect/Engineer, other than the Plans.

1.1.35 Project Testing Laboratory: The Laboratory(ies) employed by the City of Homestead to perform under the direction of the Architect/Engineer and Owner all quality assurance testing.

1.1.36 Site, Project Site, Work Site, Construction Site, Job Site: The location(s) at which the work under this Contract is to be accomplished, as shown on the Plans.

1.1.37 Special Equipment or Machinery: Equipment or machinery such as power driven rollers, tractors, backhoes, bulldozers, excavators, trucks (excluding pickup trucks), cranes, industrial railroad equipment, or any other such equipment approved by the Architect/Engineer as necessary to complete the Project in an efficient and workmanlike manner. This equipment or machinery must be a requirement for the economical performance of the work to be accomplished by the Contractor or by a Subcontractor (of any tier). Special Equipment or Machinery shall not include small tools or pieces of equipment considered to be standard equipment included in the basic inventory of a General Contractor or a Subcontractor (of any tier).

1.1.38 Subcontractor: Any individual, firm, partnership, joint venture or corporation supplying the Contractor with labor, materials, supplies and equipment used directly or indirectly by the Contractor in the prosecution of the Work.

1.1.39 Substantial Completion: Substantial Completion of the Work shall occur when the Architect/Engineer certifies that the Work is sufficiently complete, in accordance with the Contract Documents, so that the City may use the Work for the use for which it is intended or for such other use which the City in its sole discretion may determine to be appropriate under the circumstances, and only after receipt of the final certificate of occupancy.

1.1.40 Surety: The bonding company furnishing the Bonds required of a Bidder and of the Contractor.

1.1.41 Technical Specifications: The general term comprising all the written directions, provisions and requirements contained herein, entitled Technical Specifications, those portions of Standard Specifications to which reference is specifically made in the Technical Specifications, and any Addenda, and Change Orders that may be issued for the Contract, all describing the work required to be performed, including detailed technical requirements as to labor, materials, supplies and equipment and standards to which such work is to be performed.

1.1.42 Work: The construction and services required by the Contract Documents, which includes all labor, materials, equipment, and services to be provided by the Contractor to fulfill the Contractors duties and obligations imposed by the Contract Documents.

End of Section

ARTICLE 2

ADMINISTRATION OF THE CONTRACT

2.1 INTENT OF CONTRACT

2.1.01 The intent of the Contract is to include all necessary items for the proper completion of the Work by the Contractor so the Owner may have a functioning facility which it may use as intended. The Contractor shall perform, without additional compensation, such incidental work as necessary to complete the Work, so that it will meet the requirements for which the Project was intended, in a satisfactory and workman like manner.

2.1.02 It is specifically agreed between the parties executing the Contract that it is not intended by any of the provisions of any part of the Contract to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the Contract.

2.1.03 No acceptance, order, measurement, payment, or certificate of or by the Owner or its employees or agents shall either stop the Owner from asserting any rights or operate as a waiver of any provision hereof or of any power or right herein reserved to the Owner or of any rights to damages herein provided.

2.2 OTHER CONTRACTS

2.2.01 The Owner may award other contracts for other work on the Site. The Contractor shall fully cooperate with such other contractors and shall carefully fit his own work to that provided under other contracts as may be directed by the Field Representative. The Contractor shall not commit or permit any act, which will interfere with the performance of work by any other Contractors or fail to perform such acts as required to avoid interference with the performance of work by any other Contractor.

2.2.02 In the event of interference between the work of the Contractor and other contractor(s) working concurrently at the Site, the Field Representative will instruct the Contractor as to which Work has priority in performance and such instructions shall be binding upon the Contractor. The Contractor shall not have any claim against the Owner, the Consulting Engineers, the Architect/Engineer, or the Field Representative for any additional compensation whatsoever in connection therewith.

2.2.03 The Contractor shall conduct its operations so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors.

2.3 PLANS, SPECIFICATIONS AND OTHER CONTRACT DOCUMENTS

2.3.01 Plans showing general outlines and details necessary for a comprehensive understanding of the work, form a part of the Contract Documents. The total number and the titles of the drawings constituting the Plans are given in Division I of the Project Manual. All work under the Contract shall be performed in all respects in compliance with the requirements of the Contract Documents.

2.3.02 The Contract Documents provide for a complete work and may have been prepared in divisions of various crafts, trades and other categories of work. The Contractor is responsible for the performance of all work under the Contract regardless of any such divisions, and shall ensure that all of the work is performed and completed.

2.3.03 OMITTED.

2,3.04 The Contractor shall maintain at the Site at all times at least one (1) full size updated and current copy of the Plans, Technical Specifications and all other Contract Documents, together with at least one

(1) full size complete set of approved Shop Drawings and approved samples.

2.3.05 The Contractor shall make available at the job site one copy of each referenced standards and/or specifications for the Contractors and the Field Representative’s use during the time that work covered by the standards and/or specifications is underway.

2.3.06 The Contract Plans, Specifications, and all referenced standards cited are essential parts of the Contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work.

2.3.07 In the event of any conflicts, ambiguities, or discrepancies among the Contract Documents, the precedence in resolving such conflicts, ambiguities, or discrepancies shall be as follows:

A. Special Provisions shall govern over General Conditions, Division I and Technical Specifications.

B. General Conditions shall govern over Division 1, Technical Specifications and Plans.

C. Division 1 shall govern over Technical Specifications and Plans.

D. Technical Specifications shall govern over Plans and over Standard Specifications and over standards for testing and materials.

E. Plans shall govern over Standard Specifications and over standards for testing and materials.

F. On the Plans, calculated or figured dimensions shall govern over scaled dimensions.

2.3.08 The Contractor shall not take advantage of any apparent error, omission, discrepancy or ambiguity on the Plans or Specifications. If any error, omission, discrepancy or ambiguity is found by the Contractor in the Plans or Technical Specifications the Contractor shall refer the same to the Field Representative for an interpretation and decision by the Architect/Engineer, and such decision shall be final.

2.3.09 The Architect/Engineer shall have the right to correct apparent errors or omissions in the Plans and Technical Specifications and to make such interpretations as he may deem necessary for the proper fulfillment of the Contract Documents. During the course of the work, should any conflicts, ambiguities, or discrepancies be found that are not addressed or any discrepancies between the Plans and the Technical Specifications to which the Contractor has failed to call attention before submitting the bid, then the Architect/Engineer will interpret the intent of the Plans and Technical Specifications and the Contractor hereby agrees to abide by the Architect/Engineer’s interpretation and agrees to carry out the work in accordance with the decision of the Architect/Engineer. In such event the Contractor will be held to have included in the bid the best quality and new material and/or method of construction.

2.3.10 OMITTED.

2.3.11 The organization of the Contract Documents into divisions, sections and articles, and the arrangement of drawings does not restrict or limit the Contractor in dividing the Work among Subcontractors or in establishing the extent of work to be performed by any trade.

2.3.12 Product and Reference Standards:

A. When descriptive catalog designations including manufacturer’s name- product, brand name, or model number are referred to in the Contract documents, such designations shall be considered as being those found in industry publications of current issue on the date of the first advertisement for bids.

B. When standards of the Federal Government, Florida Department of Transportation, Standards Organization such as ASTM, AASHTO, AWS or ANSL trade societies, or trade associations are referred in the Contact Documents by specific date of issue, these shall be considered a part of this Contract. When such references do not bear a date of issue, the current published edition on the date of the first advertisement for bids shall be considered as part of the Contract.

2.3.13 Where in the Contract Documents an item is identified by a particular manufacturer’s name, model or other code it shall be interpreted to include other manufacturers’ product of like and equal quality whether the words “or equal’ are included or not.

2.3.14 Wherever a particular manufacturer’s product is required, to the exclusion of all others, appropriate language is included in the Contract Documents.

2.3.15 Wherever the terms, “as directed”, “ordered”, ‘permitted”, ‘designated”, “as approved”, “approved equal”, “or equal”, “acceptable” and other words of similar meaning which authorize an exercise of judgment are used in the Contract Documents, such judgment shall be vested only in the Architect/Engineer and/or the Owner.

2.4 CONFORMITY WITH PLANS AND SPECIFICATIONS

2.4.01 The entire work and each part thereof shall be constructed at the location, elevation, grade and gradient specified, and in proper alignment and adjustment. The Contractor shall provide all frames, forms, false-work, shoring guides, anchors and temporary structures required to ensure these results.

2.4.02 No deviation from the approved Plans, Technical Specifications and other Contract Documents shall be permitted without the prior written approval of the Architect/Engineer, which approved deviation(s) shall be documented to the extent required by the Contract Documents.

2.5 AUTHORITY OF THE ARCHITECT/ENGINEER

2.5.01 The Architect/Engineer shall respond to questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Architect/Engineer shall decide all questions, which may arise as to the interpretation of the Specifications or Plans relating to the work, and the fulfillment of the Contract on the part of the Contractor.

2.5.02 The Architect/Engineer is not authorized to revoke, alter, or waive any requirement of the Contract.

2.5.03 Where the Contract Documents provide for decisions or other actions by the Architect/Engineer, the same shall be final and binding upon the Contractor.

2.5.04 The Architect/Engineer shall have free access to the work and materials at all times to facilitate the performance of his duties.

2.5.05 The Architect/Engineer shall have the right to reject any material or work performed which does not meet the requirements of the Contract Documents. When the Architect/Engineer discovers any work in progress that does not meet the requirements of the Contract Documents, the Architect/Engineer shall reject that portion of the work affected and shall confirm such rejection in writing, as soon as practical, detailing the reasons for the rejection. Work rejected by the Architect/Engineer will not be paid for.

2.5.06 The fact that the Architect/Engineer has not made earlier discovery of materials furnished or work performed which does not meet the requirements of the Contract Documents, shall not bar the Architect/Engineer from subsequently rejecting said materials or work.

2.5.07 The observation of the work and actions by the Architect/Engineer, as herein provided, shall not be construed as undertaking supervisory control of the construction work or of means and methods employed by the Contractor or its subcontractors and shall not relieve the Contractor from any of his responsibilities or obligations under the Contract, including compliance with the ADA, its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances. The Contractor shall not request or attempt to require the Architect/Engineer to undertake such supervisory control or to administer to supervise, to inspect, to assist, or to act in any manner so as to relieve the Contractor from such responsibilities or obligations.

2.6 AUTHORITY AND DUTIES OF THE FIELD REPRESENTATIVE

2.6.01 The Field Representative will administer the Contract and the orders of the Owner are to be given through the Field Representative. The Field Representative shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for under the contract.

2.6.02 The Field Representative will randomly observe the Contractors work for general compliance with the Contract Documents. Such observation shall extend to all or any part of the work done and to the preparation, fabrication, or manufacture of the material to be used.

2.6.03 The Field Representative shall call to the Contractor’s attention faulty workmanship or defective materials and shall reject work and materials not conforming to the requirements of the Contract Documents.

2.6.04 When any work in progress does not meet the requirements of the Contract Documents, the Field Representative shall have the authority to order the Contractor to shut down that portion of the work affected and shall confirm this order in writing as soon as practicable, detailing the reasons for the shutdown. Work performed in violation of the Field Representative’s order to shutdown will not be accepted or paid for.

2.6.05 The Field Representative is not authorized to revoke, alter, or waive any requirements of the contract.

2.6.06 When any portion of the work is to be performed away from the site, the Contractor shall notify the Field Representative, in reasonable time, where and when such work is to be done and shall make arrangements for access thereto by the Field Representative in order that same may be inspected by him.

2.6.07 The Field Representative shall have the right to reject any material or work performed which does not meet the requirements of the Contract Documents. When the Field Representative discovers any work in progress that does not meet the requirements of the Contract Documents, the Field Representative shall reject that portion of the work affected and shall confirm such rejection in writing, as soon as practical, detailing the reasons for the rejection. Work rejected by the Field Representative will not be paid for.

2.6.08 The fact that the Field Representative has not made earlier discovery of materials furnished or work performed which does not meet the requirements of the Contract Documents shall not bar the Field Representative from subsequently rejecting said materials or work.

2.6.09 The Field Representative shall not act as a foreman or perform other duties for the Contractor, nor interfere with the management of the work by the Contractor.

2.6.10 The administration, observation of the work and actions by the Field Representative, as herein provided shall not be construed as undertaking supervisory control of the construction work or of means and methods employed by the Contractor or his subcontractors and shall not relieve the Contractor from any of his responsibilities or obligations under the Contract: the Contractor shall not request or attempt to require the Field Representative to undertake such supervisory control or to administer, to supervise, to inspect, to assist, or to act in any manner so as to relieve the Contractor from such responsibilities or obligations

2.6.11 The Field Representative shall decide all questions relating to the rights of different contractors on the project.

2.7 OBSERVATION OF THE WORK

2.7.01 All materials and each part or detail of the work shall be subject to observation by the Field Representative and/or the Architect/Engineer. The Architect/Engineer and the Field Representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required.

2.7.02 If either the Architect/Engineer, the Field Representative or Owner requests it, the Contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed, after examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work thus exposed or examined prove acceptable, the uncovering, removing, and the replacing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed or examined prove unacceptable, the uncovering, removing, and the replacing of the covering or making good of the parts removed will be at no additional cost to the Owner.

2.7.03 Any work done or materials used without observation by Field Representative may be ordered removed and replaced at the Contractors expense unless the Architect/Engineer and/or Field Representative failed to observe the work after having been given reasonable notice in writing.

2.8 OTHER AUTHORIZED INSPECTION

2.8.01 The Owner, the Lessee(s) and other agencies having jurisdiction over the work hereunder shall be afforded free access to the site to perform such inspections and tests as may be required to determine conformance of the Work with the Contract Documents.

2.8.02 For all Projects the work is subject to permits, inspection and approval by the City Building Department, County Building departments, Fire Department as well as State and Federal authorities having jurisdiction.

ARTICLE 3

OWNER

3.1 OWNER PROVIDED INFORMATION

3.1.01 The records of borings, test excavations and other subsurface investigations, if any, are offered as information only and solely for the convenience of the Contractor. The Owner does not warrant or guarantee either that said records are complete or that the said records will disclose the actual subsurface conditions. The interpretation of the records and the conclusions drawn there from as to the actual existing subsurface conditions are the sole responsibility of the Contractor.

3.1.02 Any estimates of quantities of work or materials, based on said borings, test excavations and other subsurface investigations are not warranted to indicate the true quantities or distribution of quantities.

3.2 INTEREST OF PUBLIC OFFICIALS

3.2.01 No officer or employee of the City of Homestead during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof or as defined in the Miami-Dade County code, whichever is greater.

ARTICLE 4

CONTRACTOR

4.1 PRE-CONSTRUCTION CONFERENCE

4.1.01 A Pre-construction Conference will be held prior to the issuance of the Notice to Proceed to discuss the work to be performed under this Contract. The Contractor and his major Subcontractors shall be required to attend this meeting. The Contractor will be advised of the time, date and location of the meeting.

4.2 COMMENCEMENTS AND PROSECUTION OF WORK

4.2.01 Within a reasonable time after the execution of the Contract, the Owner will initiate a written notice to the Contractor to proceed with the work, which said Notice to Proceed (NTP) shall direct the Contractor to commence work on a certain day. The time within which all of the work is to be completed following the giving of the Notice to Proceed shall be as stipulated in the Bid Form of these Contract

4.2.02 The Contractor shall commence the work on the day stated in the Notice to Proceed and shall prosecute the work in a manner that will insure completion within the specified time.

4.2.03 The Contractor shall prosecute the work so as not to interfere with normal operations of the facility or surrounding buildings or as may be further detailed in Division I of the Project Manual. If the Contractor desires to prosecute the work at other than the days and times set forth herein, it shall notify the Architect/Engineer and Owner at least 48 hours in advance, so that the Architect/Engineer and Owner may make arrangements for access to the job site and to be present. Any work performed without such advance notice having been given to the Architect/Engineer and Owner or without having the Architect/Engineer being present may be rejected, if in the sole judgment of the Architect/Engineer, and if such work is not susceptible to its observation after the fact to determine compliance with the Contract Documents.

4.2.04 The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the Contract Documents. All workers shall have sufficient skill and experience to properly perform the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily.

4.2.05 All proposed equipment shall be properly registered and of sufficient size and in such mechanical condition as to meet requirements of the work, producing a satisfactory quality of work.

Equipment used on any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing city facilities will result from its use.

4.3 CONTRACTOR’S RESPONSIBILITY FOR THE WORK

4.3.01 The Contractor shall be responsible for the complete performance for all of the work under the Contract, and for the methods, means, and equipment used in performing the Contract and for all materials, tools, apparatus and property of every description used in connection therewith.

4.3.02 The Contractor shall give constant attention to the work to facilitate the progress thereof, and he shall cooperate with the Architect/Engineer and its Field Representatives and with other contractors in every way possible.

4.3.03 The Contractor shall maintain the work during construction and until the work is accepted.

4.3.04 The Contractor shall use reasonable professional effort and judgment to comply with Americans with Disabilities Act (“ADA”), its supporting regulations, and all similar Federal, state or local laws, regulations and ordinances and to coordinate with the Architect and any other City consultants to ensure all accessibility issues identified throughout the design and construction process are being fully and accurately implemented.

4.3.05 Until Substantial Completion or Beneficial Occupancy by the Owner of any part or all of the work as provided in these Contract Documents, it shall be under the charge and care of the Contractor, and he shall take even necessary precaution to protect against loss or damage to any part of the work by the action of the elements or from any other cause whatsoever, whether arising from execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good at his own expense all loss or damage to a portion of the work occasioned by any of the foregoing causes before its completion and acceptance.

4.3.06 The Contractor shall be responsible for scheduling and coordinating the work of all crafts and trades required to perform the work and to complete the work within the prescribed time. Any inefficiency or loss of productivity in the labor, materials or equipment of the Contractor or his subcontractors of any tier, from any cause shall be the responsibility of the Contractor. No reimbursement of Direct Costs can be requested by or granted to the Contractor or any of his subcontractors of any tier for inefficiency or loss of productivity in labor, materials, or equipment. The only relief the Contractor may seek for any impact that could cause inefficiency or loss of productivity in his labor, materials or equipment is an excusable time extension.

4.3.07 The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the work. A special permit will not relieve the Contractor of liability for damage, which may result from the moving of material or equipment. The operation of equipment of such weight or so loaded to cause damage to structures or to any other type of construction will not permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed or as specified in the Technical Specifications. The Contractor shall be responsible for all damage done by its hauling equipment and shall cancel such damage at its own expense.

4.3.08 The Contractors responsibility for Maintenance of Traffic shall begin on the day the Contractor staffs work on the project, or on the effective date of the Notice to Proceed, whichever comes first.

4.4 CONTRACTOR’S SUPERINTENDENT AND EQUIPMENT

4.4.01 The Contractor shall provide a competent English-speaking Superintendent on the work at all times, who shall be fully authorized as the Contractor’s agent on the work. The Superintendent shall be capable of reading and thoroughly understanding the Plans, Technical Specifications and other

4.4.02 The Contractor shall furnish all labor, materials, services and equipment sufficient for the prosecution of the work in an acceptable manner and at a satisfactory rate of progress.

4.4.03 All equipment, tools, and machinery used in the prosecution of the work shall be maintained in a safe working condition and shall be appropriate for the work to be performed as per state, local and regulatory agencies.

4.4.04 The Contractor shall submit to the Architect/Engineer the daily manpower count subdivided by trade and position, no later than noon of the day following the day covered.

4.5 ENVIRONMENTAL PROTECTION

4.5.01 The Contractor shall comply with all Federal, State, and local laws and regulations controlling pollution of the environment. It shall take necessary precautions to prevent pollution of streams, lakes, ponds, underground waters, aquifers and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter.

4.6 WEEKLY CONSTRUCTION COORDINATION MEETINGS

4.6.01 The Contractor shall attend weekly Construction Coordination Meetings at a time and place to be determined by the Architect/Engineer and Owner. These meetings are intended to determine job progress, identify job problems, assist in solving and preventing job problems, and promote coordination with all entities involved in the Contract and with any other Owner contractors. The Contractor shall cause Subcontractors and Suppliers to attend as he deems advisable, or as requested by the Architect/Engineer.

4.7 SHOP DRAWINGS

4.7.01 The Contractor is responsible for the preparation of detailed shop drawings necessary for the demolition, fabrication, erection and construction of all parts of the work in conformity with the Contract Documents and requirements of Division 1 of the Project Manual.

4.7.02 The Owner will back-charge the Contractor the Architect/Engineer's Project Manager hourly rate for engineering review of submittals, starting after the first rejection of an item. Contractor shall furnish one copy of Submittal Log and will submit required portions, with correct updated information, with each submittal transmittal. By approving and submitting Shop Drawings, Product Data, Samples, Coordination Drawings and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and Contract Documents.

Contractor shall submit six (6) sets of all submittal data and/or drawings for the Owner’s review, one copy will be returned to Contractor with comments and approval status. Contractor shall submit six

(6) original sets of all as - built prints and documents for the Owner’s use. Contractor shall furnish six

(6) sets of all Operations and Maintenance Manuals for Owner’s use. If disapproved, owner will return all but one to Contractor.

a. The Contractor shall review, approve and submit to the Owner Shop Drawings, Product Data, Samples, Coordination Drawings and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of other contractors and subcontractors. Contractor shall allow a minimum of fourteen calendar days for Owner’s review, normal review time for Architect / Engineer and time required for shipping, and handling. Contractor shall not perform any portion of the Work requiring submittals without the respective submittal(s) being first approved. The Contractor shall not be relieved of the responsibility for errors and omissions in submittals by the approval of Owner or Architect/Engineer. The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents unless Contractor has specifically informed the Owner and the Architect/Engineer in writing of such deviation (noting the impact, changes and coordination required due to the deviation) at the time of submittal and the Owner has given written approval to the specific deviation.

b. By approving and submitting Shop Drawings, Product Data, Samples, Coordination

Drawings and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and Contract Documents.

4.8 SUBSTITUTION

4.8.01 For convenience in designation in the Contract Documents, certain materials, articles, or equipment may be designated by a brand or a trade name or the name of the manufacturer, together with catalog designation or other identifying information. When Contract Documents specifically disallow substitution, the specified product shall be provided. Alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use. The Contractor shall submit a substitution request within 45 calendar days from the Notice to Proceed or sooner as required by the job progress, in order not to impair the project schedule.

4.8.02 No request for substitution will be considered unless accompanied by complete information and descriptive data necessary to determine the quality of the proposed materials, articles or equipment.

Samples shall be provided when requested by the Architect/Engineer. The burden of proof as to the comparative qualities or suitability of the proposed materials, articles or equipment shall be upon the Contractor. The Architect/Engineer and the Owner’s decision in such matters shall be final. In the event that the Architect/Engineer rejects the use of such substitute materials, articles or equipment, then one of the particular products designated by brand name shall be provided.

4.8.03 The Architect/Engineer will examine and review the Substitution request with the Owner and return it, within 21 calendar days from the date of its receipt at the Architect/Engineer’s office, to the Contractor noted with the final decision. When requested by the Architect/Engineer, the Contractor shall resubmit such Shop Drawings, descriptive data and samples as may be required.

4.8.04 If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials, articles, or equipment, or because of deviations from the Contract Documents such changes shall be shown in the substitution request and such changes shall be made without additional cost to the Owner.

4.8.05 Acceptance on another project, by the Owner, of a product other than that specified for this Project does not constitute evidence of its equality with the product specified nor its suitability for this Project.

4.9 APPROVAL OF SOURCES OF SUPPLY OF MATERIALS

4.9.01 The Contractor shall submit a complete list of the sources of supply and the manufacturers of all items of materials, equipment and machinery requested by the Architect/Engineer for approval prior to the commencement of any work.

4.10 APPROVAL & ACCEPTANCE OF MATERIALS & SALVAGE OF MATERIALS

4.10.01 The materials used on the work shall conform to the requirements of the Contract Documents and may be subject to inspection, testing and approval by the Architect/Engineer before incorporation in the work. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used, reprocessed, reconditioned or refurbished, etc.).

4.10.02 In order to expedite the acceptance of materials, the Architect/Engineer may require the Contractor to furnish complete statements as to the origin, composition, and manufacturer of all materials to be used in the work. Such statements shall be furnished sufficiently in advance of the delivery of such materials.

4.10.03 At the Architect/Engineers option, materials may be approved at the source of supply before delivery is slated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources.

4.10.04 Any work in which untested materials are used without approval or written permission of produce such specified and the Architect/Engineer shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Architect/Engineer, shall be removed at the Contractor’s expense. Unless otherwise designated, Quality Assurance tests performed in accordance with the requirements of Contract Documents will be made by the Architect/Engineer or the Project Testing Laboratory at the expense of the Contractor. The Architect/Engineer or the Project Testing Laboratory will take material samples for Quality Assurance purposes as required. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the work and until Final Acceptance of the Work. Copies of all tests will be furnished to the Contractor’s representative at his/her request.

4.10.05 Samples of all materials to be tested, upon which the acceptance or rejection thereof is to be based, shall be taken by the Architect/Engineer or the Project Testing Laboratory. Materials may be sampled either prior to shipment or after being received at the Site. Lab and test work (i.e. soil, concrete, etc.) shall be the Contractor’s responsibility.

4.10.06 The Contractor shall provide such facilities as the Architect/Engineer or the Project Testing Laboratory may require for conducting field tests and for collecting and forwarding samples. The Contractor shall not use or incorporate into the work any materials represented by the samples until tests have been made and the materials are found to be acceptable. Only materials conforming to the requirements of the Contract Documents shall be used in the work.

4.10.07 Materials or assemblies not conforming to the requirements of the Contract Documents shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Architect/Engineer at Contractor’s expense. Rejected material or assemblies, the defects of which have been corrected by the Contractor, shall not be returned to the site of the work until such time as the Architect/Engineer has approved its use on site, in writing.

4.10.08 Ownership of all salvaged equipment and materials, surplus excavation, etc., shall remain with the Contractor, unless stated otherwise in the Contract Documents, who shall legally dispose of such equipment, materials and surplus excavation, etc., at a legal disposal site(s) provided by and at the expense of the Contractor, away from the jobsite. All equipment and materials to be salvaged for the Owners use, shall be transported by the Contractor and delivered to the location within City limits called for in the Contract Documents or as directed by the City of Homestead.

4.10.9 The Contractor shall exercise due caution in the removal, dismantling and handling of equipment and materials to be salvaged for the Owners use. The Contractor shall prepare inventory lists for all such salvaged equipment and materials before removal and such lists shall be receipted by the Owner at the time such equipment and materials are delivered to the Owner.

4.10.10 The Contractor shall be liable for losses or damage resulting from the Contractor’s handling of equipment and materials to be salvaged for the Owner’s use.

4.10.11 The Architect/Engineer may direct the Contractor to dispose of all or any class of salvage material to a fill or storage site on or adjacent to the work area, at no additional cost to the Owner.

4.10.12 Pursuant to 49 CFR 18.36, the usage of salvage credits is not allowed.

4.11 CERTIFICATES OF COMPLIANCE

4.11.01 The Architect/Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s certificates of compliance stating that such materials or assemblies fully comply with the requirements of the Contract Documents. The manufacturer shall sign the certificate. A certificate of compliance in which the lot is clearly identified must accompany each lot of such materials or assemblies delivered to the work.

4.11.02 Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with the requirements of the Contract Documents will be subject to rejection whether in place or not.

4.11.03 When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “brand name”, the Contractor shall be required to furnish the manufacturer’s…