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HomeMy WebLinkAboutReso 2007-1150RESOLUTION NO.2007 -_[�5D A RESOLUTION OF THE CITY COMMISSION OF THE .CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 07 -05 -01 TO AND ENTERING INTO AN AGREEMENT WITH TENEX ENTERPRISES, INC. FOR THE 172ND STREET ROADWAY IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED ONE MILLION SIXTY -SIX THOUSAND EIGHT HUNDRED EIGHTY -FOUR DOLLARS ($1,066,884.00), ATTACHED HERETO AS EXHIBIT "A ", BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS EXHIBIT "B "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is in need of a contractor to furnish all materials, equipment and labor for roadway improvements to 172nd Street in the City of Sunny Isles Beach; and WHEREAS, the City issued and advertised Bid No. 07- 05 -01, 172nd Street Roadway Improvements, for which three (3) responses were received; and WHEREAS, staff has determined that the bid response from Tenex Enterprises, Inc., attached hereto as Exhibit "B ", is the lowest most responsive responsible bid; and WHEREAS, Calvin Giordano and Associates, our consultants, have recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS, Tenex Enterprises, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to award Bid No. 07 -05 -01 to and enter into an agreement with Tenex Enterprises, Inc. to provide services on a unit price basis for 172nd Street roadway improvements, in an amount not to exceed One Million Sixty -Six Thousand Eight Hundred Eighty - Four Dollars ($1,066,884.00), attached hereto as Exhibit "A ". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. R2007- Tenex Enterprises 172 "d St. Roadway Improvements 1 Section 2. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 07 -05 -01 to and enters into an agreement with Tenex Enterprises, Inc. for the 172nd Street Roadway Improvements Project, in an amount not to exceed One Million Sixty -Six Thousand Eight Hundred Eighty -Four Dollars ($1,066,884.00), attached hereto as Exhibit "A ", based on the pricing, terms, and conditions listed in the bid response, attached hereto as Exhibit "B ". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of September 2007. N man S. Edelcup, Mayor ATTEST: f Jane A. Hines, CMC, City Clerk APPROV D AS TO FORM AND-LEGAL SJWFFICIENCY: Attorney Vote: � - D -1 Moved by: nn r ��RE z 1 N Seconded by: 4 k )rA10 Y' __T A --'rr-e_ Mayor Edelcup ✓(Yes) (No) Vice Mayor Thaler L-1 Yes (No) �/ (N ) Commissioner Brezin Yes) o Commissioner Goodman (Yes) (No) Commissioner Iglesias - J\105e �(Yes) (No) R2007- Tenex Enterprises 172nd St. Roadway Improvements 2 Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development Emergency Management Services ® Calvin; Giordano 6 Associates, Inc. o E X C E P T 1 O N A L S O L U T I O N S 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin- giordano.com July 24, 2007 Mr. John A. Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: City of Sunny Isles Beach —172nd Street Roadway Improvements Recommendation of Award City Bid No. 07 -05 -01 CGA Project No. 03 -4197 Dear Mr. Szerlag: Three (3) bids were received for the above referenced project and are tabulated as shown on the attachment. Bids have been reviewed and checked for calculation errors. Tenex Enterprises, Inc. from Pompano Beach, FL was the low bidder with a total bid of $1,066,884.00. Licenses and references of Tenex Enterprises, Inc were verified. This office recommends that the award of the contract be made to the lowest bidder, Tenex Enterprises, Inc. in the amount of $1,066,884.00 based upon bid unit price. If you have any questions or require anything further, please contact the undersigned. Sincerely, 7 CAL , G ASSOCIATES, INC. ab 'na M. ieri Director Construction Services Attachment cc: Dennis J. Giordano, CGA File P:\Projects\2003 \034197 Sunny Isles NE 172nd Street\Correspondence\Letters\Rec award.doc Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead Engineering Construction Engineering & Inspection Municipal Engineering Transportation Planning & Traffic Engineering Surveying & Mapping Planning Landscape Architecture & Environmental Services Construction Services Indoor Air Quality Data Technologies & Development Emergency Management Services 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 Phone: 954.921.7781 Fax: 954.921.8807 www.calvin- giordano.com C -aIvir ; - Giordano - &-Associates, -Inc: E X C E P T I O N A L S 0 L ?U T 1 I0 N S r July, 24, 2007 Mr: John A. Szerlag City Manager City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 RE: City of Sunny Isles Beach —172nd Street Roadway Improvements Recommendation of Award City Bid No. 07-05-01 CGA Project No. 03 -4197 Dear Mr. Szerlag: Three (3) bids were received for the above referenced project and are tabulated as shown on the attachment. Bids have been reviewed and checked for calculation errors. Tenex Enterprises, Inc. from Pompano Beach, FL was the low bidder with a total bid of $1,066,884.00. Licenses and references of Tenex Enterprises, Inc were verified. This office recommends that the award of the contract be made to the lowest bidder, Tenex Enterprises, Inc. in the amount of $1,066,884.00 based upon bid unit price. If you have any questions or require anything further, please contact the undersigned. Sincerely, 7 CAL , G ASSOCIATES, INC. ab 'na M. ieri Director Construction Services Tt-3 Attachment cc: Dennis J. Giordano, CGA File P:\Projects\2003 \034197 Sunny Isles NE 172nd Street\CorrespondenceEetters\Rec award.doc Fort Lauderdale West Palm Beach Orlando Fort Pierce Homestead c vi m U O t/1 Q o6 O C m 'o C7 O) 3 O O m C T L c d E m 0 a E m 3 ca 0 d N CN CN a o ca E C E N m v C o 0 0 r z o _ O U Z � O ma` ^T. U U t v a0i m w O U o (n r> m o 0 o m a o OJ W m OJ �f1 N m (O O O O Cl! LQ N O�� 1� O W r O] � o o E U @ O 4 O O (O m rn m v m v p W O T (O m OJ O m (O m (n 7 1. 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C O. i0 � � O C _ •% � d C L (� � u�i O W U d W U U Q Q U U O W CC O O O s 1 1 1 1 sxNNNY IS4 U T 1� Ui� i9 9 O P 1* FLOFZ CITY OF SUNNY ISLES BEACH 172ND STREET ROADWAY IMPROVEMENTS Prepared by: KFAN Calvin, Giordano & Associates, Inc. I. E X C E P T I O N A L S O L U T I O N S CGA Project No. 03 -4197 City of Sunny Isles Beach Bid No. 07 -05 -01 June 2007 1 1 1 1 s CITY OF SUNNY ISLES BEACH 172ND STREET ROADWAY IMPROVEMENTS Contract Documents and Specifications Calvin, Giordano & Associates, Inc. E X C E P T I O N A L S O L U T I O N S CGA Project No. 03 -4197 City of Sunny Isles Beach Bid No. 07 -05 -01 June 2007 N tl� TABLE OF CONTENTS 172ND STREET ROADWAY IMPROVEMENTS CGA Project No. 03 -4197 City of Sunny Isles Beach Bid No. 07 -05 -01 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS 00020 Notice to Bidders 00100 Instructions to Bidders 00300 Bid Form 00401 Bid Bond 00402 Public Entity Crimes Affidavit 00403 Trench Safety Act 00420 Information Required from Bidders 00500 EJCDC Standard Form of Agreement 00600 Payment Bond 00601 Performance Bond 00650 Acknowledgment of Conformance with O.S.H.A. Standards 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01025 Measurement for Payment 01030 Special Project Procedures 01045 Cutting and Patching 01046 Modifications to Existing Structures, Piping & Equipment 01050 Field Engineering 01100 Alternates 01152 Applications for Payment 01200 Project Meetings 01310 Construction Schedules 01340 Shop Drawings, Working Drawings, and Samples 01370 Schedule of Values 01410 Testing and Testing Laboratory Services 01505 Control of Work 01510 Temporary Utilities 01532 Tree and Plant Protection 01540 Security 01550 Site Access and Storage Final Version 6/07 i 03 -4197 'off. 01570 Traffic Regulation 01600 Material and Equipment 01701 Project Closeout 01710 Cleaning 01720 Project Record Documents 01730 Operating Maintenance Data 01740 Warranties and Bonds DIVISION 2 - SITEWORK 02100 Site Preparation 02200 Earthwork 02210 Fine Grading 02221 Trenching, Bedding, and Backfill for Pipe 02223 Excavation Below Normal Grade and Gravel Refill 02513 Asphaltic Concrete Paving 02580 Pavement Markings and Signing 02611 Reinforced Concrete Pipe 02613 Corrugated Metal Drainage Pipe 02630 Storm Drainage 02931 Sodding DIVISION 3 - CONCRETE Cast — in — Place Concrete 03 -4197 t 0 SECTION 00020 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the CITY COMMISSION of THE CITY OF SUNNY ISLES BEACH is seeking sealed bids for the following work as specified. 172ND STREET ROADWAY IMPROVEMENTS CGA Project No. 03 -4197 City of Sunny Isles Beach Bid No. 07 -05 -01 Sealed bids for the construction of the N.E. 172nd Street Roadway Improvements consisting of the reconstruction of N.E. 172nd Street including: paving, grading, drainage, lighting improvements, traffic separators, sidewalks, and landscaping will be received by the Owner, City of Sunny Isles Beach. Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by the City Clerk until 10:00 am, Tuesday, July 17, 2007 at the City of Sunny Isles Beach, City Hall located at 18070 Collins Avenue, Sunny Isles Beach, Florida, 33160. Bids received after this time will be returned unopened. Bids submitted will be opened publicly and read aloud at this time. A Mandatory Pre -Bid Conference is scheduled for 10:00 am, Wednesday, June 27, 2007 at the City of Sunny Isles Beach, City Hall located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, (305) 947 -0606. Bidders may obtain complete sets of Bidding Documents from the City of Sunny Isles Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at no cost. Partial sets of Bidding Documents will not be available. Bidding Documents may be examined at the City of Sunny Isles Beach, at the above - referenced address. Bid security in the amount of five percent (5 %) of the Total Bid, must accompany the Bid in accordance with the Instructions to Bidders. Final Version 6/07 00020 -1 03 -4197 h +t. u t t 0 The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of the Owner. For further information, contact the office of the City Engineer c/o Calvin, Giordano & Associates, Inc. at (954) 921 -7781. Jane Hines City Clerk City of Sunny Isles Beach Publish Dates: June 13, 2007 END OF DOCUMENT Final Version 6/07 00020 -2 03 -4197 e SECTION 00100 INSTRUCTIONS TO BIDDERS 1. DEFINITION OF TERMS 1.1 Bidding Documents - these include the Advertisement for Bid, Instructions to Bidders, Bid Form, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. 1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform the Work as described in the Bidding Documents. 1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. 1.4 Addenda - written and graphic documents issued b the Engineer prior to 9 p Y 9 p the execution of the Contract to modify or interpret the Bidding Documents. 1.5 General Conditions — 2002 Version of the Standard General Conditions of the Construction Contract. 1.6 Any Capitalized terms contained here -in (e.g. Owner, Engineer, Work, Agreement, Contract) and is not defined above are contained in the General Conditions Article 1 — Definitions and Terminology. 2. BIDDING DOCUMENTS 2.1 Complete sets of Bidding Documents may be obtained from the office of the Engineer as stated in the Advertisement for Bid. 2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 2.3 Bidding documents consist of this project manual along with the following construction plans titled: a. N.E. 172nd Street Roadway Improvements Bid No. 07 -05 -01 CGA Project No. 03 -4197 Final Version 6/07 00100 -1 03 -4197 n 3. EXAMINATION OF DOCUMENTS AND SITE 3.1 Bidders shall visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. 3.2 The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The Bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. 3.3 Bidders shall examine existing site improvements, and conditions, utilities, and streets to determine all conditions, which will affect the Work: 4. INTERPRETATION OF BIDDING DOCUMENTS 4.1 All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the office of the Owner at least 5 days prior to the date for receipt of bids. Direct all requests to the attention of the Project Engineer at Calvin, Giordano & Associates, Inc., 1800 Eller Drive Suite 600, Fort Lauderdale, FL 33316; Fax: 954 - 921 -8807; Phone: 954 - 921 -7781. 4.2 Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the Engineer as having received a complete set of Bidding Documents. 4.3 Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. 4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge their receipt in the Bid Form. 5. SUBSTITUTIONS 5.1 Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. 5.2 Requests for substitutions will be considered prior to receipt of bids if they 1 reach the Engineer at least 5 days prior to the date for receipt of bids. 5.3 Acceptance by the Engineer of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form. 0 Final Version 6/07 00100 -2 03 -4197 � s e i e 1 1 1 1 7 QUALIFICATION OF BIDDERS 6.1 If requested, the Bidder shall submit to the Engineer, prior to award of contract, a properly completed Contractors Qualification Statement, along with any other evidence of his satisfactory experience and ability to perform the proposed Work. 6.2 If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within the past 30 days, indicating current financial resources, liabilities, capital equipment, and past history performance. 6.3 Bidders may be disqualified and their bids rejected for any of the following specific reasons: a. Reason to believe that collusion exists among Bidders. b. Determination of lack of competency as may be revealed by qualification statements, financial statements, experience records, or other questionnaires. C. The Bidder's uncompleted work load which in the judgment of the Owner, may cause detrimental impact on prompt completion of this project. d. The Bidder is involved in any litigation against the Owner. e. The Bidder has defaulted on any previous contract or is in arrears on any existing contract. f. The submittal of more than one proposal from an individual, firm, partnership, corporation or association under the same or different names. g. The Bidder, or its principals, have outstanding code enforcement violations with the City of Sunny Isles Beach. 6.4 It shall be- a requirement of this bid that there are no related party transactions between the bidder and any employee, agent or contractor of the City of Sunny Isles Beach. Any bidder who is a related party, as noted herein, will be considered non - responsive and the proposal and bid bond will be immediately returned. A bidder will be considered a related party if the bidder has an ownership interest or is in any way related to an employee, agent, consultant or contractor of the City, is a sub - consultant of an employee, agent, consultant or contractor, and can influence the management or operating policy of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests. PERFORMANCE OF WORK BY CONTRACTOR: 7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least forty percent (40 %) of the total amount of work to be performed under this contract. After the contract is awarded, and during the progress of the work, the Owner reserves the right to reduce the percentage of work performed by the contractor's own forces. Final Version 6/07 00100 -3 03 -4197 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5 %) of the amount of the total Bid or $5,000.00, whichever is less. Final Version 6/07 00100 -4 03 -4197 8. BID PREPARATION 8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled in by typewriter or written in ink. 8.2 State total base bid amount in both words and figures. In case of a discrepancy between the two, the amount written in words shall govern. 8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or other legal entity. a. Individual - provide name and post office address. b. Partnership - provide name and post office address of each member of the partnership. C. Corporation - provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. "Trench 8.4 Bids shall include documentation required by the Florida Safety Act." The Trench Safety Act form is included within the Bid Form Section for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 8.5 All Unit Price Bids requested on the Bid Form shall be bid. 9. BID SUBMITTAL 9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid security, the list of Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope shall be further identified with the Project name, the Bidder's name and address, and the words "BID ENCLOSED ". 9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Advertisement for Bids. Bids received after the time and date indicated for receipt of Bids will be returned unopened. 10. BID SECURITY 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5 %) of the amount of the total Bid or $5,000.00, whichever is less. Final Version 6/07 00100 -4 03 -4197 L N J �-4 0 f L' 0 n n u fl C 10.2 Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. 10.3 Should a Bid Bond be used, acceptable surety companies shall be determined from the latest United States Treasury Department's list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. Requirements for Acceptable Surety Companies are outlined in Item 15.4. 10.4 The Owner may retain the bid security of those Bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. 11. MODIFICATION AND WITHDRAWAL OF RID 11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. 11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days after the time and date designated for the receipt of bids. 12. OPENING OF BIDS 12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids. 13. GOVERNING LAWS AND REGULATIONS 13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. 13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner, in conjunction with the Bid Form. 14. LIQUIDATED DAMAGES 14.1 The Owner may incur financial loss if the Work is not substantially complete by the date set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. Final Version 6/07 00100 -5 03 -4197 7 1 15 0 r r C F_ n r L C 7 7 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 15.1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: a. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent of the Contract Sum. 15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 15.4 Qualifications: As to companies being rated acceptable: A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above — minimum qualifications, the Surety Company must meet the following additional qualifications. 91 1. The City will accept a surety bond from a company with a rating of B ++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. The Surety Company shall have at least the following minimum ratings: IFinal Version 6/07 00100 -6 03 -4197 0 Amount of Bond Policyholder's Rating Financial Size Category 100,000 to 1,000,000 B ++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,001 to 5,000,000 A Class VII or higher b. All Surety Companies are subject to review and approval by the Owner and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida. 16. SUBCONTRACTOR LIST 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided by the Engineer. 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 17. BID PROTEST 17.1 In the event of a timely protest, the City Manager or his /her designee shall stay the award of the contract unless, after consulting with the City Attorney and the affected director, he /she determines that the award of the contract without delay is necessary to protect substantial interests of the Owner. 17.2 The city shall require a deposit from a protester to compensate the Owner for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the Owner. The deposit shall be in the form of a cashier's check and shall be in the amount of 1% of the amount of the pending award, with a minimum deposit of $500 and a maximum deposit of $10,000. 18. CONTRACT AWARD AND EXECUTION 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. Final Version 6/07 00100 -7 03 -4197 Al d 18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening stated in the Advertisement for Bids. 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder whose qualifications indicate the award will be to the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner within the time specified. 18.7 If the Contractor feels that a problem exists either prior to, or during the bid opening, he /she shall contact the City (within 24 hours of the bid opening) and follow the City's current policy for bid protests. 18.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid Schedule Items that would be in the best interest of the Owner. 19. CASH ALLOWANCES 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this purpose only. The Contractor shall not proceed on any additional work to be covered by allowances until authorized in writing by the Engineer. Such work shall be approved by the Owner, shall be within the scope of work defined by this Contract and shall not exceed the amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be retained by the Owner. END OF DOCUMENT Final Version 6/07 00100 -8 03 -4197 F SECTION 00300 • BID FORM Bid of EPIE E act Fg.:LSES, /#j C Address �rJ o S �./ . \ �• C m v 'rf— Phone To furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of. 172nd STREET ROADWAY IMPROVEMENTS located in the CITY OF SUNNY ISLES BEACH. To: CITY OF SUNNY ISLES BEACH 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted in the construction ["'i 1! 0 D 1 Final Version 6/07 00300 -1 03 -4197 UUL J LVVI IIUI1 UJ•JJ III VFILV 111 UIUIWf111U I -till IIU, V.J`}UL IUUUI 1. UUf vU I 172NII STREET ROAD IMPROVEMENTS UNIT PRICE BID SCHEDULE Item Estimated Estimated No. Description Quantity Unit Unit Price Amount I. GENERAL. '50,000,00 1. Mobilization per FDOT ( <5 %) 1 LS 5-0, o00.no 2. Maintenance of traffic per FDOT including temporary striping and signage, barricades, barriers, arrow panels, etc. as required. 1 LS ®, 4100, 00 = O ®00 . ao 3. Clearing and grubbing 1 LS 'Li Q, 000 . no !{ d � OM 4. Pollution prevention and sediment control 1 LS s! p pp_„n 1S. 0o0_ �d 5. Earthwork 1 LS Q S. 8 nn . o o S. n 0i . n n 6. Relocation of existing mail box 1 EA 1 SD,np ISO, -n GENERAL SUBTOTAL $ q a 1157c, p 11. CIVIL. A Demolition /Site Preparation 7. Asphalt pavement demolition (removal & 4936 SY 4 19, X44.0 0 hauling) -no 8. Concrete sidewalk demolition (removal 1210 SY q $9 0.O and hauling) .ao -- o 9. Catch basin to be abandoned in place and 15 CY 00•CX3 an filled with flowable flow s 00 10. Existing drainage pipes to be filled with 80 CY 00m S,. non np flowable fill _ 11. Relocate or adjust existing street signs 3 EA IS ®.0o DSO. od B Paving 12.11/2' Asphalt, Type S -3 550 TN t Q' 00 6 ®. SOD —.a b 13.12" Stabilized subgrade 5376 SY 10.00 S 3 -14 o. 0 0 14.8" Limerock base 1076 CY n.or, 64 S� . 00 15.4" Concrete sidewalk 1522 SY 4 ;zn0 6 16.6" Concrete driveway 379 SY a y 635.00 17. Drop curb 422 LF 44 0 .00 18. Type F curb and gutter 2415 LF 09-.b .On 4 ,3caxc Final Version 6/07 00300 -2 03 -4197 Addendum 2 V VL. a V LVV 1 IIVII VV • VV 1 11 VIIL.V 111 V IV11V1111V 1 11(1 IIVI VVTVLIVVV I 1 1 VT/ VV C Striping and Signs 19. Thermoplastic STD white solid 6" 0.60 NM 319 ()M,A0 Aloao 0 20. Turn arrows 8 EA 100 , g0 $ 00. on 21. RPM amber /amber 106 EA 5-00 22. RPM colorless /red 7 EA 5.00 3S .nn 23. R2 -1 24" x 30" speed limit sign 3 EA co 9 pp on 24. R3 -5R Right turn lane sign 1 EA 30o.00 3 DO . on 25. R3 -5L Left turn lane sign 1 EA 3QQ,c� 3 O O. o0 26.6° Double yellow .60 GM 1j, 000.x, 3 Te)r)n . an 27. Pavement message (ONLY) 2 EA 10°1.0 , 00 of 40 , 0o 28. R3 -71- Left lane must turn left 2 EA SO.00 S DO , p� 29. W1 -1 a (R) Right turn and speed 1 EA Aso. 0 C2 S O , pp 30. W1 -1 a (L) Left turn and speed 1 EA 041 Sp , o p _ a 5 0 , 00 31. 10'- 30' Skip white line .30 GM Lk f a nn_. nn ,90 O . n n 1 D Drainage 32, Ditch Bottom Inlet Type "P" T- 6' 1 EA (Altemate A) , 3 ,000 .00 3 ,, 000.0 33. Curb inlet (6) Type "P" 3'- 6' 8 EA S�onll.00 4 0 o� 34.15" Yard drain by ADS 5 EA , '1 X0.00 g So D , 00 35.15" HDPE pipe 486 LF X0.00 -��f 190.0 n 36. 15" RCP 48 LF `1 O .pp 3.''3 Cc .,n 37. 18" RCP 385 LF S0.00 -A!Q ''S.00-00 38,24" RCP 1,091 LF qC -0Q 39. Clean existing drainage well and core 1 LS existing structure -1 500. an 1 "!Inn . 00 40. Sodding (St. Augustine) 3350 SY 6 `( Sn.� 1 CIVIL SUBTOTAL $ 16 6 64,100 Final Version 6/07 00300 -3 3-4197 Addendum 2 0 UUI. 1V LUUI IIVtI VV. VV III VIILY 111 V1VIIVIIIIV I W1 IIV, V1j11VL1UUV1 I. VV/ VV III ELECTRICAL 41. Luminaires 14 EA 30300.00 It O, an 44. Luminaire poles 14 EA 3,300. p0 Lf rM no .on 43. PVC Conduit 3000 LF y. o0 1 ,� 000 . on 44. Copper wiring 3000 LF 4-On 000.00 45. Trenching 3000 LF . QO i , Gon , an 46. Backfill 3000 LF `i-op ocin o,, 47. Luminaire wiring labor 14 EA 400.00 _� nn _ nn 48. Luminaire mounting labor 14 EA ItOO.Oo "MOcO . Qo ELECTRICAL SUBTOTAL $ I S I . CC0. or, IV LANDSCAPE 49. Landscape and irrigation (Allowance) 1 LS $108,500.00 $108,500.00 GRAND TOTAL (Items 1-49) EM I (Aufhodzed Signature) Final Version 6/07 00300-4 l�-kcr j 16 2 . e`1 ( 03 -4197 Addendum 2 1 BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 5% of the bid made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified. or cashier's check or bid bond will be returned to the undersigned. The undersigned Bidder agrees to commence work within 10 days after the date of written Notice to Proceed, and further agrees to substantially complete the work within 270 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. The undersigned Bidder also agrees to complete the entire work within 300 days after the Contract time commences to run. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receiving bids. The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $1,500.00 per calendar day. The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established as the date of final completion and the actual date of final completion of the contract work, the amount of $1,000.00 per calendar day. 0 0 n 1.1 1 Final Version 6/07 00300 -5 03 -4197 s I t kII u 1 1 1 1 1 1 ADDENDA Bidder ac owledges the receipt of Addendum No.'s 1. 2. _,3. ,4. ,5._ Dated this Jfo— day of 2007 (month) (year) Contractor: Address: SEAL &50 SUJ 14;�" C �� 33060 Attachments: Subcontractor List Bid Security Trench Safety Act documentation END OF DOCUMENT Final Version 6/07 00300 -6 03 -4197 L fl L� L ,t E J 7 r C 7 C C n C n r SECTION 00900 Addendum No. 1 to Contract documen CITY OF SUNNY ISLES BEACH ND 172 STREET ROADWAY IMPROVEMENTS CGA PROJECT NO. 03 -4197 CITY BID NO. 07 -05 -01 To All Bidders: Bidders for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. IN THE CONTRACT DOCUMENTS: 1. Attached Pre -bid minutes to be added to contract documents. 2. Section 00300, Pages 00300 -2, 00300 -3 and 00300 -4 to be replaced in its entirety. 3. In response to bidders RFI "S: RFI from Development FL: 1) In the Drawings (Demolition Plans) C100 and C101 shown about the Power Poles to be relocated by Others, but in the Bid Schedule has the Item No. 12 Relocate power /light poles? What is Correct? Response: Pole removal will be undertaken by FPL. 2) Is there an Engineer Cost? Response: Approximately I million — RFI from Tenex: 3) On sheet C200 of the bid set of Plans it indicates "Contractor to clean existing well and structures, contractor to core exist. Structure and connect Prop. 24" RCP." We do not have a bid item, please indicate HOW SHALL WE PROCEED? Response: See attached revised Bid Schedule, additional items added. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300 -6. END OF SECTION 1 Final Version 6/07 00900 -1 03 -4197 r r r Cl e t SECTION 00900 Addendum No. 2 to Contract documents CITY OF SUNNY ISLES BEACH ND 172 STREET ROADWAY IMPROVEMENTS CGA PROJECT NO. 03 -4197 CITY BID NO. 07 -05 -01 To All Bidders: Bidders for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. IN THE CONTRACT DOCUMENTS: 1. Section 00300, Pages 00300 -2, 00300 -3 and 00300 -4 to be replaced in its entirety. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300 -6. END OF SECTION 1 Final Version 6/07 00900 -1 03 -4197 JUI, 7. Z,VVI I I:L+0h1vi irnrx En[ripI I�t�, 1 -11 c, NV, IOLf) r, DOCUMENT 00401 BID BOND X107 -5105 BIDDER Name and Address Tenex:Enterprises, Inc. 850 SW 14th Court Pompano Beach, F1. 33060 SURETY (Name and Address of Principal Place of business): First Sealord Surety, Inc. 789 E. Lancaster Ave. Villanova PA. 19085 s OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach Florida 33160 BID BID DUE DATE: 7/17/07 PROJECT (Brief Description including Location): 172" Street Roadway Improvements Consisting of the reconstruction of N E 172" Street including• paving, grading drainage, lighting improvements traffic separators sidewalks and landscaping." BOND NUMBER: 07 -5105 DATE: (Not later than Bid Due Date): 07117/07 PENAL SUM' Five Percent of Amount Bid 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 SURETY Tenex Enter r" es Inc. (Seal) First Sealord Surety.-Inc. iSeal) Bidder's Name and orporate Seal Sur ty's� Wand Corporat al By\ C By: SignLladi d Title Signature and TitleMichele Council d F President / ( Att h Pow of Attorn y) in � �l t� Attes Attest' Signature and Titl Sign ture and Title 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. Final Version 6/07 00401 -1 03 -4197 Attorney Fact 6F 5, F`11,- 1F C 0 1. 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 exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed 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 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. Final Version 6/07 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 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default, as required in Paragraph 4 above, is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, 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 03 -4197 Ilil Iilllj' III. I'i ,.. First Sealord Surety, Inc. Power No: MIA- 0495 -07 -02243 Power of Attorney ��l;: i Ildi ill i I�NIOWIALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the '� 6mpany) has made, constituted and appointed, and by these presents does make, constitute and appoint Michele Council and /or Gladys Keith all of Margate, Florida its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: -:. Not To Exceed Four Million Dollars ------------------------------ ($4,000,000.00) lm-j Such:insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney in Fact, shall be binding upon -the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. I yj:.Thl brit is made pursuant to the following By -Laws which were duly adopted by the Board.of Directors of the said Corporation on April 7, 2003 I Amendments thereto and are still in full force and effect: ' l °IAlij ►cie;�C11 (Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Sectiori:12 -1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, llagr nts and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the ti, n a)';by the`Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or :b) by an Attorney - 'I the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature; or c) by ' '.` auch.other officers or representatives as the Board may from time to time determine. The seal of the Corporation shalt if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evI dencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any pe�fsor)I'empowered to make such appointment." pll,,p 4NITNESIS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly 1 1 attested this120th day of January, 2004. First Sealord Surety, Inc. (Seal) ate. _ Attest: By: Gary L. Bragg, Secretary Joel D. Cooperman, Vice President ,®,j;l „r Commonwealth of Pennsylvania OriAhi5 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord. Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; !:• a d #hat he s ned:his name thereto as Vice President of said Corporation by like authority. COMMONWEALTH OF PENNSYLVANIA NoWlaiSl2d: dly 'r SAC w 'f y ��j Anthony T. Mowart, Nobuy Pubk -Notary Public LowerMerlon Twp•.Ma4pon>aryCurdy `�4 € My Corns” n Expires Aug. 5, 2010 i I a CERTIFICATE Memb r, Pennsylvania Association of Notaries VI;,t,te underljYted Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and txxrf ct copy, rs in full force and effect on the date of this Certificate and I do further certify that the.Officer who executed the said Power of Attorney was ' 14 one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 -1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By Laws of First Sealord Surety, Inc.: iii efion _12 -2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article 5<11, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made." III. ,III IIL,I itness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents a I ;"j, Illi r _ day of 2047 �I ^7 — This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here �/ / —S l�9�_S the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. I'Pjli it Ili' I I'I j �seal)'I!, — Ga L. Bragg, ecretary First -l6s' ealord_Surety_P0.1.doc (1--d. 01/20/2004) a SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OA HS. 1. This sworn statement is submitted to G• �' [print name o the public entity] by 1,1 u l A ©1 '� Y'� S : Q � IF [print individual's name and title] �S for -` VEAL44 '0k - 7�2F It IF 2I� , ! C.• [print name of entity submitting sworn statement] whose business address is S . W. kCA. C -bif r� �. 3.3 0 4's and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 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 of 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. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statues, 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. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or 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. 5. 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, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. ,::�, %) w.,. V ZS L E 5 5-E ckl 1 Final Version 6/07 00402 -1 03 -4197 r i 0 C L C f 'J P Df 6. Based on information and belief, the statement which I have marked below is true in relation to the entit submitting this sworn statement. [Indicate which statement applies] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THB McUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGO 0 OF ANY CHANGE`, IN THE INFORMATION CONTAINED IN THIS FORM. / Sworn to and subscribed before me this I— day of Personally known ✓ OR Produced identification � A,'I A ULIAria. �anEruF (Type of identification) '� }= MYCCr�i i�s��raor.;sao22� r EXFIRES:Duna 9 2,111 Bonded Tnru "imaq Pooli : Underwvhers Final Version 6/07 00402 -2 signature] 12007 Not4 Pu 'A(- State of -R on dQ My commission expires Q 1'i ct L. la-k-,eone (Printed typed or sta commissioned name of notary public) 03 -4197 L DOCUMENT 00403 .,� TRENCH SAFETY ACT If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125 -1 and Subarticle 125 -4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non - responsive. Contractor agrees that the above safety compliances and costs a in 7age. 9 Signature of Bidding Contractor END-OF DOCUMENT U II Final Version 6/07 00403 -1 03 -4197 (90 -96, Laws of Florida) Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: Trench Safety Unit of Unit Unit Extended Measure Measure (Quantity). Cost Cost (Description) (LFSF) A. 200 4o _ 8.0C)O B. C. D. Total $ 6.00 60 If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125 -1 and Subarticle 125 -4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non - responsive. Contractor agrees that the above safety compliances and costs a in 7age. 9 Signature of Bidding Contractor END-OF DOCUMENT U II Final Version 6/07 00403 -1 03 -4197 C u D F. u DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall furnish the following information. Failure -to comply with this requirement may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's Name /Address: I E J �mr e�sES k0�� 2. Contractor's Telephone Number: Ct-94- 788 —S 100 3. Contractor's License: C G, C ®1 7 C �_ 5 Primary Classification: -j. 4. Number of years as a Contractor in construction work of the type involved in this Contract: 5. List the names and titles of all officers of Contractor's firm. -�-1 am i d 4-au �'1 i �Sq homl i aC-2f Q 6. Name of person who inspected site or proposed work for your firm: Name: -i (am is qi: jj'4--�nai Date of Inspection: 2 .�UI'le 2007 7. What is the last project of this. nature you have completed? 5Pe Luc 8. Have you ever failed to complete work awarded to you; if so, where and why? NU Final Version 6/07 00420 -1 03 -4197 1 9. Name three individuals or corporations for which you have performed work and to which you refer: r_ u F, n 0 C R; L L u e 11 u 54=- iiia A-rtac4 t:o. 10. 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 TOTAL CONTRACTED % OF CONTRACT DATE OF COMPLETION PROJECT CITY VALUE COMPLETION TO DATE 5;-:r-- ATVAcAia (Continue list on inset sheet, if necessary) 11. What equipment do you own that is available for the work? 12 (?forn�oi _�iOn �Uler, Lade,( i D 7s.c 1 G rader f IF,, cc, �or , mob CCLT , fb0C 4A-1CP- What equipment will you purchase for the proposed work? III NOTE: Attach additional sheets if required. If requested by the City, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. Final Version 6/07 00420 -2 03 -4197 LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one -half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed. ill NOTE: Attach additional sheets if required. Subcontractor's Name /Address, _ G o Ra—` v.Q_Yw t ya S '� G a C' r- il�!Si Final Version 6/07 00420 -3 03 -4197 4. 5. 6. 7. 8. 9. 10. ill NOTE: Attach additional sheets if required. Subcontractor's Name /Address, _ G o Ra—` v.Q_Yw t ya S '� G a C' r- il�!Si Final Version 6/07 00420 -3 03 -4197 n ENTERPRISES, INC. 850 SW 14° Ct Pompano Beach, FI 33060 • (954) 788 -8100• Fax (954) 788 -0005 City of Hallandale Beach Contact: Marc Gambrill, P.E. City Engineer Tel.: 954. 457. 1622 PROJECT: AMOUNT: COMPLETION: u REFERENCES 1 City of Weston Contact: Sabrina Baglieri Shahin Hekmat, P.E. Assistant Director City Engineer Construction Services Tel.: 954. Tel.: 954. 921. 7781 921. 7781 Jeffrey Skidmore Director of Community Services Tel.: 954. 389. 4321 PROJECT: AMOUNT: COMPLETION: 1 -Three Village Rd & Country Isles Rd Imp $1,995,840.00 May 2007 - Public Works Facility Fueling Station $ 286,000.00 Nov 2206 - Utilities Repair $ 963,050.00 July 2006 -1 -75 @ Arvida South Bound Off Ramp Imp. $ 888,292.00 April 2006 - Saddle Club Rd. & South Post Rd. $1.3 Million June 2005 Roundabout, Road & Drainage Improvements -AYSO Facility @ Weston Regional Park $391,340.80 June 2005 - Tequesta Park, Drainage Improvement $477,180.00 Feb. 2005 Landscaping and Road Improvements - Bonaventure Mater Plan — Phase V $836,494.00 Dec. 2004 Drainage Improvement - Construction of Eagle Point Park $500,000.00 Dec. 2003 -South Post Road Improvements $1,350,000.00 Dec. 2003 -Swale Stabilization $279,706.00 July 2003 - Sidewalk Improvements Bonaventure $200,000.00 Dec. 2001 -Cross Walk Brick Pavers $370,000.00 - Saddle Club Road Improvements $679,737.00 Dec. 2000 -Road & Sidewalk Improvements Raquet Club. -Road & Sidewalk Improvements Blatt Road $410,000.00 $355,000.00 June 2000 June 2000. City of Hallandale Beach Contact: Marc Gambrill, P.E. City Engineer Tel.: 954. 457. 1622 PROJECT: AMOUNT: COMPLETION: u v r k" u u h e 1 1 L -Ansin Boulevard $832,839.00 Road and Drainage Improvements -25th yer / 3CTA 2000 - 2001 -006 $351,110.00 Drainage Improvements and Reconstruction of a Portion of Emerald Drive at Layne Blvd. Citv of Sunnv Isles Beach Contact: J. Scott Gombar, P.E. Director of Capital Improvements Tel.: 954. 931. 6799 PROJECT: AMOUNT Golden Shores Entrance Wall $198,180.00 - Atlantic Blvd. Parking Lot & Drainage $300,000.00 Improvements City of Margate Contact: Samuel A. May Project Manager Tel.: 954. 972. 8126 Reddy Chitepu, P.E. Department of Environment and Engineering Services Tel.: 954. 972. 0828 Dec. 2004 Oct. 2001 COMPLETION: Nov. 2005 Jan. 2005 PROJECT: AMOUNT: COMPLETION: - Margate Blvd. Streetscape Improvements $2,897,470.95 Sep 2007 -Royal Palm Blvd. & MW 61st and 63 Id Ave $71,425.00 Oct. 2005 -East River Dr. Restoration $ 430,000.00 Mar. 2005 -Road and Drainage Improvements City of Ft. Lauderdale Contact: Mike Fayyaz Assistant City Engineer Tel.: 954. 828.6527 PROJECT: AMOUNT: COMPLETION: -Ft. Lauderdale Executive Airport Perimeter Rd & Drainage Improvements $288,950.00 June 2007 -Ft Lauderdale Airport Drainage $364,753.00 Nov. 2006 - Dillard $ 43,800.00 Sept 2006 - Victoria Park Neighborhood Improvements $ 84,420.00 Sep 2006 2 1 1 e e e e 0 t s -SE 261h Ave Idlewyld Dr. - Las Olas Storm Drainage Improvements - Idlewyel Neighborhood - Gateway Merchant Sunrise Blvd. Miami & Ft. Lauderdale Contact: Catholic Cemeteries of the Archdiocese of Miami Inc John Kissel Project Coordinator Tel.: 305. 206. 6163 PROJECT: -Lady of Mercy Roadway Queen of Heaven Citv of Tamarac Contact: Alan Lam, Project Manager Tel.: 954.597.3712 John Olinzock, Project Manager Tel.: 954.597.3726 Project: -Mc Nab Rd Median Improvements - Southgate Boulevard Streetscape, Inc. -NW 70th Ave Traffic Calming Improvements City of Parkland Contact Jim Berkman; Public Services Director 954 - 753 -040 Project: - Sidewalk City of Coral Spring Contact: Art Resnick Purchasing Agent II 954 - 344 -1100 3 $950,000.00 $135,558.00 AMOUNT: $700,000.00 AMOUNT $ 1,239,469.00 $ 769,113.00 AMOUNT $317,652.00 Dec. 2003 Sep. 2001 COMPLETION: Oct. 2004 COMPLETION: Dec 2006 Dec. 2006 Oct. 2006 COMPLETION March 2007 e e e v s v Project: - Creation of Wetland Area City Of Deerfield Contact: Dennis Girisgen Assistant City Engineer 954 - 480 -4269 Proiect : - Streetscape Improvements City of Lauderdale Lakes Contact: Phil A Alleyene Office of Engineer 954 - 562 -2970 Protect : -C -13 Greenway Trail City of Lauderdale Hill Contact: Judith Higgins 954 - 730 -3010 Proiect : Wolk Park Improvements Department of Transport Contact: Jorge Ortiz Project Coordinator 954 - 421 -8080 Proiect : -SR 824 Pembroke Rd. 111 AMOUNT COMPLETION $1,174,770.60 Oct 2007 AMOUNT COMPLETION $269,999.00 Dec 2006 AMOUNT COMPLETION. $721,997.00 Dec 2006 AMOUNT COMPLETION $315,149.80 Dec 2006 AMOUNT COMPLETION $4,823.222.45 Jun 2007 STATE OF FLORIDA DEPARTMENT OF BIISINESS AND PROFESSI XAL REGULATION .1, CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET IRTALLARAS$Eg FL 32399 -0783 PRITCHARD, CALVIN E TENEX ENTERPRISES INC 771 RANCH RD. WESTON FL 33326 ------------- ------- ---- - -- -------------- ................ e DETACH HERE (850) 487-1395 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the 2!� day of in the year 2007 by and between CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and Tenex Enterprises Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows.. Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 172nd Street Roadway Improvements Consisting of the reconstruction of N E 172 nd Street including: paving grading drainage lighting improvements, traffic separators sidewalks and landscaping. Article 2. ENGINEER. The Project has been designed by: Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 (954) 921 -7781 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1. The work will must be substantially completed within 270 calendar days after the date when the Contract Times commence to run. The work must be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 300 calendar days after the date when the Contract Times commence to run. 3.1.A. Commencement of Contract Times; Notice to Proceed. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to 4P Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 120 (one hundred and twenty) calendar days after the Effective Date of the Agreement. The Contract Times commencement date shall not be affected by the limitatio periods set forth in Article 2.03 of the Standard General Conditions of the Construction Contract. The terms and conditions of this Article 3.1.A. supersede any other conflicting provisions that are contained in Article 2.03 of the Standard General Conditions of the Construction Contract or any other document. 3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Final Version 9/07 00500 -1 03 -4197 t Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00 /100 dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 FOR A LUMP SUM CONTRACT OF: TOTAL BASE BID (Lump sum, Unit prices, and contingency items) One Million Sixty Six Thousand Eight Hundred Eighty Four and 00 /100 (use words) ($ 1,066,884.00) figures As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.13 of the General Conditions. ' Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 90 % of Work completed (with the balance being retainage). If Work has been ' 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 1 Final Version 9/07 00500 -2 03 -4197 90 % (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions and within Section 9 -6.5 partial payments as provided in FDOT Standard Specifications for Road and Bridge Construction. 5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase to 98% of the contract price (with the balance being retainage), less such amounts as ENGINEER shall determine, only after receipt of the final as- builts and upon substantial t completion of the project and in accordance with Paragraph 14.02 of the General Conditions. 5.2, Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST. (Not Applicable) Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: .1 n u e 7 L� 1 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.24 4.02.A.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4-.2 SC -4. of the Supplementary Conditions of the extend extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 42 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. Final Version 9/07 00500 -3 03 -4197 r� 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 10, inclusive). 8.2. Exhibits to this Agreement (page) A- 3 inclusive). 8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of 4 pages. ' 8.4. Notice to Proceed. 8.5. General Conditions (pages 00700 -1 to 00700$345, inclusive). 8.6. Supplementary Conditions (pages 00800 -1 to 00800 -15, inclusive) and any am me t thereto. 8.7. Specifications bearing the title Specifications and consisting of 16 divisions. 8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing ' Index INX -1. 8.9. Addenda #1 and #2 inclusive. ' 8.10. CONTRACTOR's Bid. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A tinclusive). 8.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. 8.13 Amendments and Additions to the Standard General Conditions of the Construction Contract and the Supplementary Conditions, identified as exhibits N/A and N/A and consisting of 0 pages. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). ' There are no Contract Documents other than those listed above in this Article 1-3 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. ' Final Version 9/07 00500 -4 03 -4197 u 9.5.2. In accordance with the indemnification provision contained in the General Conditions, the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and their agents and employees, from or on account of any injuries or damages received or sustained by any person or person during or on account of any operations connected with the construction of all Work; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor, subcontractor, agents, servants, or employees; and 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 for injuries, including willful death, to any one person and subject to those same limits for each person, in an amount not less that $1,000,000 for damages as a result of each occurrence and property damage insurance and in an amount not less than $1,000,000 for damages on any one Final Version 9/07 00500 -5 03 -4197 Article 9, MISCELLANEOUS, 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party thereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5. OTHER PROVISIONS. 9.5.1. DRAWINGS 1 DESCRIPTION SHEET NO. Cover Sheet Demolition Plan C100 - C102 Construction Notes C103 — C105 Paving, Grading and Drainage Plan C200— C202 Drainage Details C203 Storm Water Pollution Prevention Plan C400— C403 Paving Marking and Signage Plan C600 - C602 Photometric Plans E100— E102 Power Plans E103— E105 Pole Details E106 Service Point Calculations E107 9.5.2. In accordance with the indemnification provision contained in the General Conditions, the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and their agents and employees, from or on account of any injuries or damages received or sustained by any person or person during or on account of any operations connected with the construction of all Work; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor, subcontractor, agents, servants, or employees; and 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 for injuries, including willful death, to any one person and subject to those same limits for each person, in an amount not less that $1,000,000 for damages as a result of each occurrence and property damage insurance and in an amount not less than $1,000,000 for damages on any one Final Version 9/07 00500 -5 03 -4197 occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND their agents and employees, by making them an additional insured, and shall not be modified or canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. 9.5.4 Should the final completion and acceptance of the work herein embraced together with any modification or additions be delayed beyond the time herein set because of lase lack of performance by the Contract, it is understood and agreed that aside from any other liquidated damage per day for such delay from such time until the work is completed and accepted as herein provided, all costs of engineering and inspection on behalf of the Owner will be charged to the contractor and deducted from any estimate or payment otherwise due and payable to him from time to time. The costs of engineering and inspection which may be charged to the Contractor by the Owner under this article shall be equal to the Engineer's charges to the Owner. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on t0 1 124, , 2007 (which is the Effective Date of the Agreement). ATTEST: M� [CORPORATE SEAL] Address for giving notices C-7 By [CORPORATE SEAL] License No. 9 S� Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority to sign). Final Version 9/07 00500 -6 03 -4197 �� r t s t li G SIGNATURE PAGE FOR CONTRACTS /AGREEMENTS CITY EXECUTIONS IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement or Contract) on the respective dates under each signature: City of Sunny Isles Beach through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the day of 2007; and CONTRACTOR authorized to execute same. ATTEST: By: Jane A. ines, CMC, City Clerk APPRO AND LI Final Version 9/07 RM ENCY not, City Attorney CITY OF SUNNY ISLES BEACH, Norman S. Edelcup, Mayor r c a i (CITY SEAL) r 00500 -7 03 -4197 u L C 0 C u: u n IF fl �I 'J 7 it CERTIFICATE AS TO CORPORATE PRINCIPAL I, t l nib' ha'4�4 o i certify that I am the of -� n_('E�s and that WW1 k C) I /I-Ji Miami -Dade County who signed the Bid with City of Sunny Isles, Florida for City Bid No. is RCS 1 O --'-�T of said Corporation with full authority to sign said Bid on behalf of the Corporation. Signed and sealed this I day of O C�t�E�� , 2007. i (SEAL) % wyzl � � �-(�� 1_ Signature FAA Typed w /Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me thisl- day of C,�RZC� , 2007. My Commission Expires: MARIA UUANA LA7IEGUE MY COMMISSION # DO 638227 ia' EXPIRES: June 9, 2011 4( t4 ©MW inru Notary Public underwriters Final Version 9/07 00500 -8 Notary Pubfi 03 -4197 MI I u T 7 CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL I, 4-4m ! nT; yl Pno1 , certify that I am the of =EpS " e In -(— G- T L, who signed the Bid with City of Sunny Isles Beach, Miami -Dade County Florida for the project titled Consultant Project No. and that the following persons have the authority to sign payment requests on behalf of the Corporation: (Signature) a (Signature) 0 C C F1 n 0 fli J1 (Typed Name w /Title) (Typed Name w/Title) (Signature) (Typed Name w /Title) Signed and sealed this I -)—day of 2007. (SEAL) Signature Typed w /Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this � Zday of �'�'� 2007. My Commission Expires: .fin °W 11 MARIA 1A" LAnEGUE MY COMMISSION # DD 638227 :g= EXPIRES: June 9, 2011 Pt r Bonded Thru Notary Public Underwriters aFinal Version 9/07 00500 -9 03 -4197 0 r I 0 0 pi F, u f. Id n r THIS PAGE INTENTIONALLY LEFT BLANK Final Version 9/07 00500 -10 03 -4197 �1-1[1 J r"I lI'l d-1 r C C L 0 e .s i 0 0 EXHIBIT A 172nd Street Road Improvements 1 06/07 Exhibit A -1 03 -4197 Bid Item Description Estimated Quanity Unit Unit Price Estimated Total I. General 1 Mobilzation per FDOT (< 5 %) 1 LS $50,000.00 $50,000.00 2 Maintenance of Traffic per FDOT including temporary striping and signage, barricades, barriers, arrow panels, etc. as required. 1 LS $70,000.00 $70,000.00 3 Clearing and Grubbing 1 LS $40,000.00 $40,000.00 4 Pollution Prevention and Sediment Control 1 LS $5,000.00 $5,000.00 5 Earthwork 1 LS $25,000.00 $25,000.00 6 Relocation of existing mail box 1 LS $150.00 $150.00 General Subtotal $190,150.00 II. Civil A. Demolition /Site Preparation 7 Asphalt pavement demolition (removal & hauling) 4,936 SY $4.00 $19,744.00 8 Concrete sidewalk demolition (removal & hauling) 1,210 SY $9.00 $10,890.00 9 Catch basin to be abandoned in place and filled with flowable flow 15 CY $100.00 $1,500.00 10 Existing drainage pipes to be filled with flowable flow 80 CY $100.00 $8,000.00 11 Relocate or adjust existing street signs. 3 EA $150.00 $450.00 B. Paving 12 1-1/2" Asphalt, type S -3 550 TN $110.00 $60,500.00 13 12" Stabilized subgrade 5,376 SY $10.00 $53,760.00 14 8" Limerock 1,076 CY $60.00 $64,560.00 15 4" Concrete sidewalk 1,522 SY $45.00 $68,490.00 16 6" Concrete driveway 379 SY $65.00 $24,635.00 17 Drop curb 422 LF $20.00 $8,440.00 18 Type F curb and gutter 2,415 LF $20.00 $48,300.00 C. Striping and Signs 19 Thermoplastic STD white solid 6" 0.60 NM $3,000.00 $1,800.00 20 Turn arrows 8 EA $100.00 $800.00 21 RPM amber /amber 106 EA $5.00 $530.00 22 RPM colorless /red 7 EA $5.00 $35.00 23 R2 -1 24" x 30" speed limit sign 3 EA $300.00 $900.00 24 R3 -5R Right turn lane sign 1 EA $300.00 $300.00 25 R3 -51- Left turn lane sign 1 EA $300.00 $300.00 26 6" Double yellow 0.60 GM $5,000.00 $3,000.00 27 Pavement message (ONLY) 2 EA $120.00 $240.00 28 133 -71- Left lane must turn left 2 EA $250.00 $500.00 29 W1 -1 a ° Right turn lane and speed 1 EA $250.00 $250.00 30 W1 -1a W Left turn and speed 1 EA $250.00 $250.00 31 10' -30' Skip white line 0.30 GM $4,000.00 $1,200.00 1 06/07 Exhibit A -1 03 -4197 a EXHIBIT A 172nd Street Road Improvements 06/07 S �y,+q S �� Jl I � - Written (dontractor) Exhibit A -2 "):)61 (Ii� — a 61t bb (Date) 03 -4197 Bid Description Estimated Quanity Unit Unit Price Estimated Total 3Item '�., _'t1r D. Drainage 32 Ditch bottom inlet type "P" 3' -6' (Alternate A) 1 EA $3,000.00 $3,000.00 33 Curb inlet (6) type "P" 3' -6' 8 EA $5,000.00 $40,000.00 34 15" Yard drain by ADS 5 EA $1,700.00 $8,500.00 35 15" HDPE pipe 486 LF $60.00 $29,160.00 36 15" RCP 48 LF $70.00 $3,360.00 37 18" RCP 385 LF $80.00 $30,800.00 38 24" RCP 1,091 LF $90.00 $98,190.00 39 Clean existing drainage well and core existing structure 1 LS $7,500.00 $7,500.00 40 Sodding (St. Augustine) 3,350 SY $5.00 $16,750.00 Civil Subtotal $616,634.00 III. Electrical 41 Luminaires 14 EA $3,300.00 $46,200.00 42 Liminaire poles 14 EA $3,300.00 $46,200.00 43 PVC Conduit 3,000 LF $4.00 $12,000.00 44 Copper wiring 3,000 LF $4.00 $12,000.00 45 Trenching 3,000 LF $4.00 $12,000.00 46 Backfill 3,000 LF $4.00 $12,000.00 47 Luminaire wiring labor 14 EA $400.00 $5,600.00 48 Luminaire mounting labor 14 EA $400.00 $5,600.00 Civil Subtotal $151,600.00 IV. Landscape 49 Landscape and irrigation (Allowance) 1 LS $108,500.00 $108,500.00 Total Contract Amount (Item I Thru IV) $1,066,884.00 06/07 S �y,+q S �� Jl I � - Written (dontractor) Exhibit A -2 "):)61 (Ii� — a 61t bb (Date) 03 -4197 Sep. 27. 2007 1;25PM Teiiex Ei�terpr'ises, Inc, k 4122 P. 4i5 Construction Performance Bond BOND# 07 -7073 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Tenex Enterprises, Inc. 850 SW 14th Court Pompano Beach, Florida 33060 OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 11070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: September 25, 2007 (Award date) SURETY (Name.and Principal Place of Business): First Sealord Surety, Inc. 789 E. Lancaster Avenue Villanova, PA 19085 Amount: $ 1,066,884.00 Description (Name and Location): 172 °d Street Roadway Improvements Cansistinq of thP__reGOnstruction of N E 172" Street including paving, grading drainage lighting improvements traffic separators, sidewalks and landscaai-ng, BOND Date (Not earlier than Construction Contract Date): October 4, 2007 Arnount: $ 1,066,884.00 Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company Te rises., nc. Seal) Company Firs Sea Ord Surety, (Corp_ Seal) Inc_ Signature._ Signature: Name and Title: Hamid Fouladi, President Name and Title: Gla s Keith, Attorney —in —Fact CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company Signature:,_, Name and Title: Signature: Name and Title- (Corp. Seal) Final Version 6/07 00601 -1 03 -4197 EJCDC No. 1910 -28.A (1984 Edition) Prepared through the joint efforts of tlae Stingy Association of America, Engineers' Joint Contract Documents Committee, The .Associated Gcncral Contractors of America, American institute of Architccts, Americas Subcontractors Association, and the Associated Specialty Contractors. Sep. 27. 200 1:25FM T e n e x Enterprises, Inc, 1. The Contractor and the Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference, 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate In conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise aftec: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be Mild not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 32, The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract, Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract In accordance with the terms of the contract with the Owner, 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through Independent contractors: or 463. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract price incurred by the Owner resulting from the Contractor's default: or 4.4. Waive Its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner: or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5, If the Surely does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to titre Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety prQceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the No, 4 12 2 F. 5/1) Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and If the Surety elects to act under Subparagraph 4.1, 4,2, or 4,3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contraolor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 6.2, Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6,3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be Instituted in any court of competent jurisdiction in the location In which the work or part of the work Is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform Its obligations under this Bond, whichever occurs first. If the provisions of limitation available to sureties as a defense in the jurisdiction of thQ suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1, Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance'to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2, Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3, Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other tens thereof. (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect Engineer or other party): Final Version 6107 00601 -2 EJCDC No. 1910 -29A (1984 Edition) Prepared through tile Joint effort~ of ttie Surety .Associatiou of Amortca, Engincors' Joint Contr3et L)0cuV tX)tb CoTi1rojttee, The �SSUCI�ted General Contractors of America, American Instxtutc of Architects, .Amtrican Subcontractors Association, and the Associated Specialty Contractors. 03,4197 First Sealord Surety, lnc Power No: MIA- 0495 -07 -06470 Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation'of the Commonwealth of Pennsylvania, (hereinafter the "Company ") has made, constituted and appointed, and by these presents does make, constitute and appoint Michele Council and /or Gladys Keith all of Maegate,'Floncla its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: * * * * * * * * ** Not To Exceed Four Million Dollars----------------- - - - - -- ($4,000,000.0.0) * * * * * * * * ** Such insurance policies, surety bonds, undertakings and instruments for said purposes; when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12 -1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, Corporation: a b the Chairman of the Board, the President or a Vice y e signed A the name Secretary; behalf of the agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall b p ) y President, and b the Secretary or an Assistant Secretary; or b) by an ,Attorney - in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to.make such signature; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the "Corporation shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative. The authority of such Attorney -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these. presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January, 2004. *? ` First Sealord Surety, Inc. (Seal) �� +sn+` `' Attest: l BY: Gary L. Bragg, Secretary Joel D. Cooperman, Vice President Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sealord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that hem sWed his name thereto as Vice President of said Corporation by like, authority. COMMONWEALTH OF PENNSYLVANIA + o�� NOW US" Sean r 1 y Anthorry T. Stewart, Notary+PubNc (Seal) ,= � ar -�_ _ �"�/ / Notary Public Lower Medon Twp., MwWonwy County My Commission Expires Aug. 5, 2010 CERTIFICATE Member, Pon, nsylvania Assocladon of Notaries I, the undersigned Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and 1 do further, certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney -in -Fact as provided in Section 12 =1 of the By -Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Laws of First Sealord Surety, Inc.: "Section 12 -2. The use of a printed facsimile of the corporate seal of the Corporation and -of -the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12 -1 of the By -Laws appointing and authorizing an Attorney -in -Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12 -1, with like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents this _ 4 day of OCTOBER , 20 07 . This power of attornev is void unless the Bond number is inserted in this paragraph (insert Bond # here 07 -7073 ), the bond number is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. (seal) _ Ga L. Bragg, K ry C chi 1= irsl_Scalord_tiurety_POA.doc (Ed.01 /20!2004) Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Name and Address O WNER ( ) : CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: Amount: $ Description (Name and Location): SURETY (Name and Principal Place of Business): 172nd Street Roadway Improvements Consisting of the reconstruction of N.E. 172" Street including: paving, grading drainage, lighting improvements, traffic separators, sidewalks, and landscaping. 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 (Corp. Seal) Signature: Name and Title: SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: Final Version 6/07 00600 -1 03 -4197 EJCDC No. 1910 -18B (1984 Edition) 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. J J kJ I Ll 0 _�i� L I If i L' L r I� 0 L, 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to relate subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be acceptable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1.Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3.Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Final Version 6/07 00600 -2 03 -4197 EJCDC No. 1910 -28B (1984 Edition) 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. 1 Construction Performance Bond 1 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. rCONTRACTOR (Name and Address): r OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 SURETY (Name and Principal Place of Business): rCONSTRUCTION CONTRACT Date: Amount: $ Description (Name and Location): 172 "d Street Roadway Improvements Consisting of the reconstruction of N E 172" Street including: paving grading drainage lighting improvements traffic separators, sidewalks, and landscaping. BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Form: r n r Final Version 6/07 00601 -1 03 -4197 EJCDC No. 1910 -28A (1984 Edition) 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. CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp. Seal) Signature: Signature: Name and Title: Name and Title: 1 CONTRACTOR AS PRINCIPAL SURETY Company (Corp. Seal) Company (Corp. Seal) Signature: Signature: Name and Title: Name and Title: n r Final Version 6/07 00601 -1 03 -4197 EJCDC No. 1910 -28A (1984 Edition) 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. H1771 1 0 1 rt 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this. Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and ' has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner: or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of•the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Final Version 6/07 00601 -2 03 -4197 EJCDC No. 1910 -28A (1984 Edition) 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. I DOCUMENT 00650 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO THE CITY OF SUNNY ISLES BEACH We ��- .i[��Q-.�� acknowledge and agree that as contractors for the construction of the "172ND STREET ROADWAY IMPROVEMENTS", 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 City of Sunny Isles Beach, and Calvin, Giordano & Associates, Inc., Consulting Engineers against any ,and all legal liab'lity or loss the District or the Engineer may incur due to failure to comply with such act. �fK M 3 END OF DOCUMENT Final Version 6/07 00650 -1 03 -4197 �r This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By ACEC National Society of American Society WE Professional Engineers ASCE AmF.Ri�,. COUNCIL or Lamwer nvc. Co11rnmrS Professional Engineers in Private Practice Of CIVII Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by A i The Associated General Contractors of America �� Knowledge for Creating and Sustaining the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Final Version 06/07 03 -4197 L C C C Li P u L C u C L 0 71 L Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 Final Version 06/07 03 -4197 u L r u L :l 7 j n 0 C J C 1 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................................................... ..............................6 1.01 Defined Terms ........................................................................................................... ............................... 6 1.02 Terminology .............................................................................................................. ............................... 8 ARTICLE 2 - PRELIMINARY MATTERS .................................................................................... ............................... 9 2.01 Delivery of Bonds and Evidence of Insurance .......................................................... ............................... 9 2.02 Copies of Documents ................................................................................................ ............................... 9 2.03 Commencement of Contract Times; Notice to Proceed ........................................... ............................... 9 2.04 Starting the Work ...................................................................................................... ............................... 9 2.05 Before Starting Construction ..................................................................................... ............................... 9 2.06 Preconstruction Conference ..................................................................................... ............................... 9 2.07 Initial Acceptance of Schedules ................................................................................ ............................... 9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................... .............................10 3.01 Intent ......................................................................................................................... .............................10 3.02 Reference Standards .............................................................................................. ............................... 10 3.03 Reporting and Resolving Discrepancies ................................................................... .............................10 9 and lementin Contract Supplementing act Documents ................................................ .............................11 3.05 Reuse of Documents... ........................................................................ .............................11 3.06 Electronic Data .......................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ....................................................... .............................11 4.01 Availability of Lands .................................................................................................. .............................11 4.02 Subsurface and Physical Conditions ........................................................................ .............................12 4.03 Differing Subsurface or Physical Conditions ............................................................. .............................12 4.04 Underground Facilities .............................................................................................. .............................13 4.05 Reference Points ....................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................. .............................13 ARTICLE 5 - BONDS AND INSURANCE ................................................................................... .............................14 5.01 Performance, Payment, and Other Bonds ................................................................ .............................14 5.02 Licensed Sureties and Insurers ................................................................................ .............................15 5.03 Certificates of Insurance ........................................................................................... .............................15 5.04 Contractor's Liability Insurance ................................................................................. .............................15 5.05 Owner's Liability Insurance ....................................................................................... ..........................:..16 5.06 Property Insurance .................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ..................................................... ............................... 17 5.09 Acceptance of Bonds and Insurance; Option to Replace ......................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................... .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................................................ .............................18 6.01 Supervision and Superintendence ............................................................................ .............................18 6.02 Labor, Working Hours ............................................................................................... .............................18 6.03 Services, Materials, and Equipment ......................................................................... .............................18 6.04 Progress Schedule .................................................................................................... .............................18 6.05 Substitutes and "Or- Equals" ...................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others ............................................... ............................... 20 6.07 Patent Fees and Royalties ...................................................................................... ............................... 21 6.08 Permits .................................................................................................................... ............................... 21 6.09 Laws and Regulations ............................................................................................. ............................... 21 6.10 Taxes ...................................................................................................................... ............................... 22 6.11 Use of Site and Other Areas ................................................................................... ............................... 22 6.12 Record Documents ................................................................................................. ............................... 22 6.13 Safety and Protection .............................................................................................. ............................... 22 6.14 Safety Representative ............................................................................................. ............................... 23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 Final Version 06/07 03 -4197 r u L, G F r C C C 0 6.15 Hazard Communication Programs ............................................................................ .............................23 6.16 Emergencies ............................................................................................................ ............I.................. 23 6.17 Shop Drawings and Samples .................................................................................. ............................... 23 6.18 Continuing the Work ............................................................................................... ............................... 24 6.19 Contractor's General Warranty and Guarantee ...................................................... ............................... 24 6.20 Indemnification ........................................................................................................ ............................... 24 6.21 Delegation of Professional Design Services ........................................................... ............................... 25 ARTICLE 7 - .OTHER WORK AT THE SITE ............................................................................... .............................25 7.01 Related Work at Site ............................................................................................... ............................... 25 7.02 Coordination .............................................................................................................. .............................26 7.03 Legal Relationships ................................................................................................... .............................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ............................................................................ .............................26 8.01 Communications to Contractor ................................................................................. .............................26 8.02 Replacement of Engineer ....................................................................................... ............................... 26 8.03 Furnish Data .............................................................................................................. .............................26 8.04 Pay When Due ......................................................................................................... ............................... 26 8.05 Lands and Easements; Reports and Tests ............................................................... .............................26 8.06 Insurance ................................................................................................................ ............................... 26 8.07 Change Orders .......................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................ .............................26 8.09 Limitations on Owner's Responsibilities ................................................................. ............................... 27 8.10 Undisclosed Hazardous Environmental Condition .................................................. ............................... 27 8.11 Evidence of Financial Arrangements ...................................................................... ............................... 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ............................................ .............................27 9.01 Owner's Representative .......................................................................................... ............................... 27 9.02 Visits to Site ............................................................................................................ ............................... 27 9.03 Project Representative ............................................................................................ ............................... 27 9.04 Authorized Variations in Work ................................................................................. ............................... 27 9.05 Rejecting Defective Work ........................................................................................ ............................... 27 9.06 Shop Drawings, Change Orders and Payments ..................................................... ............................... 28 9.07 Determinations for Unit Price Work ......................................................................... ............................... 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .... ............................... 28 9.09 Limitations on Engineer's Authority and Responsibilities ....................................... ............................... 28 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS .................................................................. .............................28 10.01 Authorized Changes in the Work .............................................................................. .............................28 10.02 Unauthorized Changes in the Work ........................................................................ ............................... 29 10.03 Execution of Change Orders ................................................................................... ............................... 29 10.04 Notification to Surety ................................................................................................. .............................29 10.05 Claims ..................................................................................................................... ............................... 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ........................ ............................... 30 11.01 Cost of the Work ..................................................................................................... ............................... 30 11.02 'Allowances ................................................................................................................ .............................31 11.03 Unit Price Work ....................................................................................................... ............................... 31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........... ............................... 32 12.01 Change of Contract Price.; ..................................................................................................................... 32 12.02 Change of Contract Times ...................................................................................... ............................... 33 12.03 Delays ..................................................................................................................... ............................... 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .................................................................................................................................................. ............................... 33 13.01 Notice of Defects ........................................................................................... ............................... .......... 33 13.02 Access to Work .................................................................................................... ............................... ... 33 13.03 Tests and Inspections .............................................................. .............................. ............................... 33 13.04 Uncovering Work ..................................................................................................... ............................... 34 13.05 Owner May Stop the Work ...................................................................................... ......................:........ 34 13.06 Correction or Removal of Defective Work .............................................................. ............................... 34 13.07 Correction Period .................................................................................................... ............................... 34 13.08 Acceptance of Defective Work ................................................................................ ............................... 35 13.09 Owner May Correct Defective Work ....................................................................... ............................... 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ..................................... ............................... 36 Final Version 01/07 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 03 -4197 i e 14.01 Schedule of Values ...................... ............................... 14.02 Progress Payments ...................... ............................... 14.03 Contractor's Warranty of Title ...... ............................... 14.04 Substantial Completion ................ ............................... 14.05 Partial Utilization .......................... ............................... 14.06 Final Inspection ............................ ............................... 14.07 Final Payment .............................. ............................... 14.08 Final Completion Delayed ............ ............................... 14.09 Waiver of Claims .......................... ............................... ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.. 15.01 Owner May Suspend Work .......... ............................... 15.02 Owner May Terminate for Cause .. ............................... 15.03 Owner May Terminate For Convenience .................... 15.04 Contractor May Stop Work or Terminate .................... ARTICLE 16 - DISPUTE RESOLUTION ........ ............................... 16.01 Methods and Procedures ............. ............................... ARTICLE 17 - MISCELLANEOUS ................. ............................... 17.01 Giving Notice ................................ ............................... 17.02 Computation of Times .................. ............................... 17.03 Cumulative Remedies .................. ............................... 17.04 Survival of Obligations ................. ............................... 17.05 Controlling Law ............................ ............................... 17.06 Headings ...................................... ............................... ........ 36 ........ 36 ........ 37 ........ 37 ........................... 38 ........................... 38 ........................... 38 ........................... 39 ........................... 39 ........................... 39 ........................... 39 ........................... 39 ........................... 40 ........................... 40 ........................... 41 ........................... 41 ........................... 41 ........................... 41 ........................... 41 ........................... 41 ........................... 41 ........................... 41 ........................... 41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 Final Version 01/07 03 -4197 C C r C J E J L 0 C r n 7 GENERAL CONDITIONS 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 Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements - -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order- -A document recommended by Engineer which is signed by 1 Final Version 01/07 Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract - -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11:03 in the case of Unit Price Work). 14. Contract Times - -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii)- achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11.01.A for definition. 17. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement - -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 03 -4197 u u 0 0 L 11 L 7 u u Li 19. Engineer- -The individual or entity named as such in the Agreement. 20. Field Order- -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 22. Hazardous Environmental Condition- - The presence at the Site of Asbestos, PCBs, Petro- leum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulat- ions- -Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Comple- tion of all the Work. 27. Notice of Award - -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - -A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls Final Version 01/07 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project- -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual - -The bound documentary information prepared for bidding and constructing the Work, A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special 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. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - -The authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings--All drawings, diagrams, illustrations, schedules,' and other data or information which are specifically prepared or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 03 -4197 H. L E f= L D�l u n r i F 0 0 L u n v assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications - -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor- -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially com- pleted" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder- -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier- -A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcon- tractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. Final Version 01/07 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. Work - -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 03 -4197 D it t 4 I x. u CII 7 n C contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connec- tion 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 connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "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 1 Final Version 01/07 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. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 03 -4197 L C L r C I N­� P u 0 Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicat- ing 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, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. Final Version 01/07 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; 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 Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or 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 Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 03 -4197 2 7 0 1 fl u r H J v F v r L n u effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake 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 Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Docu- ments and: a. the provisions of any standard, specification, manual, code, or instruction Final Version 01/07 (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 provi- sions 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 autho- rized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or 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 Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 03 -4197 I rk 6� P i 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media . format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of Final Version 01/07 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 Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface struc- tures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 03 -4197 Ff., 0 M-1, I _t t] 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 Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, deter- mine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, perfor- mance of the Work; subject, however, to the follow- ing: 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. Final Version 01/07 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 Docu- ments to be conducted by or for Contractor prior to Contractor's making such final com- mitment; 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 Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2, the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such informa- tion and data, EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 06700-13 03 -4197 L ( R� M b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference Final Version 01/07 points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 03 -4197 L If", t� t'a M[11�' 9 D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits 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. 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 accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, Final Version 01/07 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 Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.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 perfor- mance 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 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 pub- lished in Circular 570 (amended) by the Financial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 03 -4197 � u F. a M I [J Hil, Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and main- tained 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 per- formed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Final Version 01/07 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 employ- ment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the 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 addi- tional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 03 -4197 k c T'�J M"�11 L I' �5 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materi- ally 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 Docu- ments. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Final Version 01/07 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 dam- age, (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 engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made. unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 03 -4197 t 0 MCI! ate. j G I 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. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the 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 insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities Final Version 01/07 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 Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.6 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application 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 5.08.6. 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 re- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 03 -4197 t, 0 n Nf; 9 placed, 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 provi- sions 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 Sub- stantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall Final Version 01/07 consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, tech- nique, 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 Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor, Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract 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 Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 03 -4197 0 K`G, ` 1,111 J [i IIw n 211� equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provi- sions of the General Requirements applicable there- to. 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 equip- ment is specified or described in the Contract Docu- ments 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, func- tion, 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 Final Version 01/07 other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be 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 Engineer 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 Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient informa- tion as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equiva- lent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 03 -4197 E U11 0 4 G 11; flz� f ti equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Comple- tion 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 sub- ject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and Final Version 01/07 b) available engineering, 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 Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.8. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer'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 Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 03 -4197 L ti El F. Contractor's Expense: Contractor shall provide all data in support 'of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (includ- ing those acceptable to Owner as indicated in Paragraph 6.06.6), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the ,rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Final Version 01/07 Engineer 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 Subcon- tractors, 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 Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with Engineer 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 Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 03 -4197 �1 i L I the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer 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. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but Final Version 01/07 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. 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 1. 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 Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 03 -4197 r r L RI I I e 7 0 L! IJ L r 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. 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 construc- tion. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer 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; Final Version 01/07 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, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, 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 em- ployed 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 Engineer or, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity 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 Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise ex- pressly 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 03 -4197 n i'I ["I. 0 0 7 7 C C N i H1. fl 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer 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 Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer 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, dimen- sions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended Final Version 01/07 and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17. D. B. Where a Shop Drawing or Sample is re- quired by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and veri- fied: a. all field measurements, quantities, dimen- sions, 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, han- dling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, tech- niques, 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 satis- fied 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 Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 03 -4197 P� FT ff 77 "¢1 L 1. Engineer will provide timely review of Shop Drawings and Samples in accordance.with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to deter- mine 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. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmitta/ Procedures 1. Contractor shall make corrections required by Engineer 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 Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. Final Version 01/07 6.19 Contractor's General Warranty and Guaran- tee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance 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 Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 03 -4197 J l 7 H-1 3 r H, C L' C' F Pi u HI H, and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval 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 Final Version 01/07 required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 03 -4197 0 R.] I 11. HI l' 11, n F11 P11, n n L i F, 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 Engineer and the others whose work will be affect- ed. 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 per- formed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficien- cies 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 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 ih 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 Final Version 01/07 3. the extent of such authority and responsi- bilities 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 communi- cations to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents, 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 03 -4197 7 r C' J r r' r 0 0 N r L Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property 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 13.03.8. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an 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. 0 Final Version 01/07 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construc- tion, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 03 -4197 A4 e tl L I L the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or em- ployee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work in- volved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. Final Version 01/07 D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quanti- ties and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer'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, Engineer 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 Engineer's Authority and Responsibilities A. Neither Engineer's authority or respon- sibility under this Article 9 or under any other provi- sion of the Contract Documents nor any decision EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 03 -4197 I J n J I'll L 7 L n n n C 0 IF u made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accor- dance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documen- tation required 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). Final Version 01/07 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 Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or 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 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 03 -4197 L' 7 u L C L l I� r i r 0 r L L will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer 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 Engineer 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 Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer 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 accom- panied 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 Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer 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 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. Final Version 01/07 E. Engineer'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 11.01.13, 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 11.01.13. 1. 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 fur- nished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 03 -4197 �l 7 field services required in connection therewith. All cash discounts shall accrue to Contractor 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 Engineer, 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 Engineers, architects, testing laborato- ries, surveyors, attorneys, and accountants) em- ployed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of Contractor's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and tempo- rary 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. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accor- dance with rental agreements approved by Owner with the advice of Engineer, 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. Final Version 01/07 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 negli- gence 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 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 negli- gence 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: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 03 -4197 M1, I � qF N 2 r 2 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 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 11.01.6, Contractor will establish and maintain records thereof in accordance with generally accepted ac- counting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: Final Version 01/07 a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for addi- tional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accor- dance 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 03 -4197 { 1_ } :l I- R All-', 'L L P11;1111 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 making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by 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 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 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved 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 Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the 12.03 Delays various portions of the Cost of the Work: A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, Final Version 01/07 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 03 -4197 i u H`�� 511�� M 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, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. Final Version 01/07 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 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 therewith, and furnish Engineer the required certificates of inspec- tion or approval. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 03 -4197 , Hk 01,, i llfl`� t hill E Mi", 0 D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all neces- sary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. Final Version 01/07 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. 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 Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 03 -4197 4 u `I t �a M F; H Y� }S I ,i 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. 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 engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particu- lar item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may Final Version 01/07 do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommen- dation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and- suspend Contractor's services related thereto, take 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 Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 03 -4197 �!I� G {I fi irl i It' 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 exten- sion 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 Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date estab- lished in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Docu- ments. 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 Applica- tion for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrange- Final Version 01/07 ments to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any pay- ment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point 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 Engineer's responsibility to observe the Work. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 03 -4197 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically as- signed to Engineer in the Contract Docu- ments; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of 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 Engineer's opinion to protect Owner from loss because: Final Version 01/07 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 accor- dance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fur- nishing 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 occur- rence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so with- held, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 03 -4197 n I I . 7 Bq' J Fli, a tri 0 t 7 r s 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 incor- porated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of arty objections from Owner. D. At the time of delivery of the tentz certificate of Substantial Completion, Engineer deliver to Owner and Contractor a wr Final Version 01/07 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 Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recom- mendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor : will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work . to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-41 03 -4197 Fji�i J I T1,11 J 3 Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Docu- ments, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or Final Version 01/07 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. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as re- quired by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommen- dation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, 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 Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-42 03 -4197 r, rllll�� d'� u J T1. �3 f i is 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 Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final pay- ment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an 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 or suitable materials or equipment or failure to adhere to the Progress Final Version 01/07 Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regula- tions of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 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 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-43 03 -4197 0 L 7 u El i F u C 7 E fl E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. 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 fur- nishing labor, materials, or equipment as required by the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Final Version 01/07 Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided- in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-44 03 -4197 L r 0 u kl r. C r n n L Ul 0 0 1 IF 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. 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. Final Version 01/07 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 avail- able to any or all of them which are otherwise im- posed 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, war- ranties, 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 termina- tion or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard, General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-45 03 -4197 SECTION 00800 FIRST AMENDED SUPPLEMENTARY CONDITIONS The following supplements modify, change from or add to the Standard General Conditions of the Construction Contract, EJCDC Document 1910 -8, 1996 Edition. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions shall remain in effect. aARTICLE 1 - DEFINITIONS AND TERMINOLOGY Add the following sentence to Paragraph 1.01.28 entitled "Notice of Award ": a"When requested by OWNER, the Notice of Award may be issued by the ENGINEER." Add the following sentence to Paragraph 1.01.29 entitled " Notice to Proceed ": "When requested by OWNER, the Notice to Proceed may be issued by ENGINEER." Add the following terms after Paragraph 1.01 50: 1.51 ARCHITECT /ENGINEER - The person, firm or corporation named as the ENGINEER in the Agreement. 1.52 Provide - As used in the Project Manual, means to furnish and install, acomplete and ready for intended use. 1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and equipment. 1.54 Project Manual - The volume of written construction documents, including the Bidding Documents, sample forms, and the Contract Documents, such as the aConditions of the Contract and the Specifications. 1.55 Retainage — The percentage of the Contract Price, retained by Owner from a the progress payments to the Contractor for Work performed until the Work is completed. It shall be payable to Contractor in accordance with the Contract Documents. aARTICLE 2 - PRELIMINARY MATTERS aAdd the following to Paragraph 2.01.: If the Work is to be commenced prior to execution of the Agreement in response to a letter of intent, CONTRACTOR shall, prior to commencement of the Work, submit evidence satisfactory to OWNER that such bonds will be furnished." Final Version 6/07 00800 -1 03 -4197 0 E r r n u 0 L I[ n u n H1 I rt In the first line of Paragraph 2.02., change the term "...ten..." to read: ... six(6)... ". Delete Paragraph 2.03. and replace with the following: "2.03. The date of commencement of the Work is the date a established in a Notice to Proceed." Add the following to Paragraph 2.05.: "D. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. E. By executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents." ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Add the following to Paragraph 3.02.A.: "3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications." ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read: "...bidding requirements... ". In Paragraph 4.02.8., change the term "Supplementary Conditions..." to read: "...bidding requirements... ". ARTICLE 5 - BONDS AND INSURANCE In the first line of Paragraph 5.04., following the word "...maintain... ", insert the words: "...in a company or companies licensed to do business in the State of Florida,... ". In the last line of Paragraph 5.04.A.6., following the word "...vehicle. ", insert the words: 1 "..., or arising out of operation of laws and regulations for damages because of bodily injury or death of any person or for damage to property." Final Version 6/07 00800 -2 03 -4197 kfl, 0 Ft E n u u e G'' �l L' I Add the following after Paragraph 5.04.B.7.: 8. Include all major divisions of coverage and be on a comprehensive basis including: i. Premises Operations (including X, C and U coverages as applicable. ii. Independent contractor's Protective. iii. Products and Completed Operations. iv. Personal Injury Liability with Employment Exclusion deleted. V. Contractual Liability. vi. Owned, non -owned and hired motor vehicles. vii. Broad Form property Damage including Completed Operations. 9. Provide coverage for not less than the following amounts. a. Workers' Compensation, etc. under paragraphs 5.4.1 and 5.4.2: 1. State b. Contractor's Liability Insurance under Article 5.4, which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: a. Workers' Compensation, etc. under paragraphs 5.4.1 and 5.4.2: 1. State 2. Applicable Federal (e.g. Longshoreman's and /or Maritime) 3. Employer's Liability b. Contractor's Liability Insurance under Article 5.4, which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of custody and control of Contractor: 1. General Aggregate (Except Products - Completed Operations) Including employers liability limits $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease each employee Statutory $ 1,000,000.00 $ 1,000,000.00 Final Version 6/07 00800 -3 03 -4197 li 4� r-11" n �p fi 2. Products — Completed Operations $ 1,000,000.00 Aggregate 3. Personal and Advertising Injury (Per $ 1,000,000.00 Person /Organization) 4. Each Occurrence (Bodily Injury and $ 1,000,000.00 Property Damage) 5. Property Damage liability insurance will $__1,000,000.00 provide Explosion, Collapse and Underground coverages where applicable. 66. Bodily injury and property damage $ 1,000,000.00$ combined Professional Liability, Errors & Omissions insurance for architects, engineers and other consulting professionals 7.7. Excess Liability General Aggregate $ 1,000,000.00 Each Occurrence $ 1,000,000.00 8. Professional Liability Insurance, as it $ 1,000,000.00 applies C. Automobile Liability under paragraph 5.4.6: 1. Bodily Injury: Each Person $ 1,000,000.00 Each Accident $ 1,000,000.00 Property Damage: Each Occurrence $ 1,000,000.00 OR 2. Bodily Injury and Property Damage Combined Single Limit: Each Occurrence $ 1,000,000.00 Aggregate $ 1,000,000.00 Aggregate $ 1,000,000.00 d. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insureds on Contractor's General Liability Policy. Add the following names: Final Version 6/07 00800 -4 03 -4197 FT OWNER - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ENGINEER - Calvin, Giordano & Associates, Inc. Engineers, Planners & Surveyors 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 OTHER - 10. The additional liability coverage for ENGINEER is not to be construed as to requiring, in any way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting ENGINEER for its liability emanating from professional errors or omissions. 11 In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR's promises are: a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; b. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR's promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR." Add the following after Paragraph 5.06.E: "F. The form of policy for this coverage shall be Completed Value. G. If, under the provisions of this insurance, there are mandatory deductibles, or if OWNER elects to increase the mandatory deductibles or purchase this insurance with voluntary deductible amounts, then OWNER shall be responsible for payment of the full amount of the deductible in the event of a paid claim." ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the following after Paragraph 6.05.F: G. The use of asbestos or asbestos -based fiber materials is prohibited in this Project." Final Version 6/07 00800 -5 03 -4197 M, Add the following after Paragraph 6.08: "6.08.A. The OWNER will secure and pay for only the following governmental charges and inspection fees: .a. special assessments, b. capital connection fees, c. threshold and special inspection fees, d. permanent utility meter installation fees, e. permanent utility hook -up fees, and f. impact fees. 6.08.6. CONTRACTOR shall pay for all building permits and charges of utility owners for connections to the Work, and OWNER will pay charges of such utility owners for capital costs related thereto such as plant investment fees." Add the following after the last sentence in Paragraph 6.10: In accordance with .Exhibit A hereto, entitled Tax Exemption Agreement to Contract, the Owner may directly purchase all materials and equipment identified in the Contract Documents for incorporation into the Project ( "Owner- Provide Materials "). Delete the last sentence of Paragraph 6.12. and substitute the following: "These shall be available to ENGINEER for examination during construction and shall be delivered "to ENGINEER for OWNER upon Substantial Completion of the Work." At the end of Paragraph 6.13.6, add the following sentences: "The Occupational Safety and Health Administration excavation I safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards." In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows: "...(including but not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other professionals, particularly including, but not limited to reasonable ENGINEER's attorney's fees, and court costs)... ". ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Change the first sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER agree, ENGINEER will be OWNER's repre- Im sentative during the construction period." Final Version 6107 00800 -6 03 -4197 C� ARTICLE 10 - CHANGES IN THE WORK; CLAIMS Add the following: "10.06. Without invalidating the agreement, Owner may, at any time execute appropriate Change Orders for additions and /or deletions in the work of up to 25% of the total contract amount, without a change in the contract unit prices bid." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.03. TEST AND INSPECTIONS: Replace 13.03.B. with: "All testing shall be paid for by the Contractor." Add the following sentence to Paragraph 13.07.A.: "Specific and special warranties specified in the Contract Documents are in addition to, and not in lieu of, the contractors general warranty. CONTRACTOR shall not be relieved of general warranty obligations by the specification of specific products or procedures." 13.09. In the first sentence of the paragraph OWNER, MAY CORRECT DEFECTIVE WORK: c Change the first line from ": If Contractor fails within a reasonable time after written notice of Engineer..." t To read: " If Contractor fails within ten (10) calendar days after written notice of Engineer..." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before each progress payment is scheduled (but not more often than once a month), ..." to read: By no later than the first day of the month, ... . Following Paragraph Add 14.02.A.34 add:: 4. "An original Partial Release of Lien is required from the General Contractor along with the application for Payment No. 1 and for each subsequent application thereafter. For each application for payment (excluding Application No. 1) the Contractor shall submit with the Final Version 6/07 00800 -7 03 -4197 !'9 C Mli 1 R E x rll FIF'� u application Partial Releases of Liens for all Notice to Owners that have been received for the project by the Owner and Engineer ". 5. With each Application for Payment, the Contractor shall submit supporting records and other evidence, in a form and amount acceptable to the City and the Engineer, to demonstrate the expenses incurred and the Work performed. This shall include, but not be limited to documentation related to the purchase of Owner - Provided Material and the reduction in the Contract Sum as a result of such expenditures. 6. Each application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire guaranteed maximum Contract Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 7. Applications for payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of: (1) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Contract Price allocated to that portion of the Work in the schedule of values. 8. Subject to the provisions of the Contract Documents, the amount of progress payments shall be computed as follows: a) take that portion of the Contract Price properly allocable to the computed Work as determined by multiplying the percentage of completion of each portion of the Work in the schedule of values. Pending final determination of the costs to the Owner of changes in the Work, amounts not in dispute shall be included in the Application for Payment along with Change Order, Work Change Directive or Written Amendment indicating the parties' agreement with all or part of such costs for additional Work. b) add the portion of the Contract Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or, if approved in advance by Owner, suitably stored off -site at a location agreed upon in writing. C) add the Contractor's Fee, less the ten percent (10 %) Retainage. The Contractor's Fee shall be computed upon the Cost of the Work described in the preceding clauses at the rate in accordance with Paragraph 11.01.0 or, if the Contractor's Fee is stated as a fixed sum, then it shall be an amount that bears the same ratio to that fixed -sum fee as the Cost of the Work in the two preceding clauses bears to a reasonable estimate of the probable Cost of Work upon completion. Final Version 6/07 00800 -8 03 -4197 ad) subtract the aggregate of the previous payments made by the Owner; e) subtract the shortfall, if any, indicated by the Contractor in the supporting records and other evidence as mutually agreed between the Owner or Engineer and Contractor to demonstrate expenditures incurred to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by Owner, or designee; f) subtract the amounts, if any, for which the Architect has withheld aor nullified Certificate for Payment in accordance with the provisions of the Contract Documents." In Paragraph 14.02.B., change the beginning of the sentence: from "Ten days..." to read: "Forty -five days... ". In Paragraph 14.02.C.1, insert the following: 2. The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained, from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Subsubcontractors, if such Subsubcontractors are permitted by the Contract Documents, to make payments to Subsubcontractors in the same manner. 3. Neither the Owner nor the Engineer shall have an obligation to pay or see to the payment of money to a Subcontractor, except as provided by law. 4. Payment by Contractor to material suppliers shall be treated in the manner as provided in Paragraph 14.02.C.2. 5. Except with the Owner's prior approval, payments to Subcontractors shall be subject to Retainage of not less than ten percent (10 %). The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments and retention for Subcontractors. 6. Upon mutual agreement by Owner and Contractor, payment in full may be made to those Subcontractors whose Work is fully completed during the early a stages of the Project. Notwithstanding Paragraphs 14.02.A.8 and 14.02.C.5 above, at such times as the Work as set forth in the schedule of values has been 50% completed, and upon mutual agreement of the Owner and Contractor, no further Retainage shall be withheld from progress payments with respect to such portion of the Work. Agreement as to any such reduction in retained amounts will not constitute a waiver of or otherwise prejudice the Owner's right to subsequently reinstate full retainage, as to that subcontractor, should circumstances justify such action in the Owner's sole judgment. 7. Upon Substantial Completion of the entire Work of the Contractor, a sum, sufficient to increase payments to the Contractor to one hundred percent (100 %) of the Contract Sum, less amounts, if any for incomplete Work and unsettled claims, shall be paid to Contractor with the next sequential payment application after Substantial Completion is obtained. DFinal Version 6/07 00800 -9 03 -4197 L Delete Paragraph 14.05 and replace with the following: A. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented by the insurer, in accordance with Paragraph 5.06.A.5 and as authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, Retainage, if any, security, maintenance, heat, utilities, damage to Work and insurance, and have agreed in writing concerning the period for correction of Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a comprehensive list to the Engineer of the items to be completed or corrected prior to final payment. The Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasoanbaly withheld. The stage of the progress of the Work shall be determined by written agreement between a the Owner and the Contractor, or if no agreement is reached, by decision of the Engineer. B. Immediately or prior to such partial occupancy or use, the Owner, Contractor, and Engineer shall jointly inspect the area to be occupied or the portion of the Work to be used in order to determine and record the condition of the Work. C. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of the Work not complying with the Contract Documents." In the first sentence of Paragraph 14.05.A.2., following the word "...Work... ", insert the words "...or to place and install equipment... ". At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the Owners and governing, agencies After the least sentence in Paragraph 14.04.13, insert the following: "C. Once 1) the definitive certificate of completion has been issued to the Owner and the Contractor and 2) once consent of the surety, if any, has been obtained, the Owner shall make payment of Retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents." After the last sentence in the Paragraph 14.04.13, insert the following:." "Final payment, constituting the entire unpaid balance of the Contract Price, shall be made by the Owner to the Contractor when the Contractor has fully performed aFinal Version 6/07 00800 -10 03 -4197 0 Fi 0 7 I r the Contract except for Contractor's responsibility to correct Work as provided in Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which extend beyond final payment and after the Engineer sends written notice to Owner that the Work is acceptable and in accordance with Paragraphs 14.07.6 and 14.07.C." Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following: "The final Application for Payment shall be accompanied (except as previously delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise been satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to be expired until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of the surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases, and waivers of liens, claims, security interests of encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, (6) all documentation as required by the Contract Documents, and (7) acceptance by the Owner and governing agencies. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Owner may require that the Contractor furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, including all reasonable attorneys' fees and costs. The final payment will become due when the Contractor submits the information above to the Engineer." ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION In the twentieth line of Paragraph 15.02.6., insert the following after the words ... such excess...; U. ...(including but not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other professionals, particularly including, but not limited tc reasonable Engineer's attorney's fees, and court costs)...". ARTICLE 16 - DISPUTE RESOLUTION Delete this Article in its entirety. ARTICLE 17 — MISCELLANEOUS 00800 -11 03 -4197 L "The venue for any cause of action shall be Miami -Dade County." After Article 17 add the following article: ARTICLE 18 — OWNER- PROVIDED MATERIALS The Contractor and Owner desire to enter into an arrangement whereby certain purchases under the Contract may be made by the Owner as a result of Owner's status of being exempt from sales and use tax. 1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly purchase all materials and equipment identified in the Contract Documents as required for incorporation into the Project ( "Owner- Provided Materials "). The Owner does hereby grant to the Contractor the full authority as an agent of the Owner to prepare, place and execute Purchase Orders for and in the name of the Owner for all Owner - Provided Materials. The Contractor as agent of the Owner shall sign such Purchase Orders. 2. The Owner will be liable for the timely payment for all Owner - Provided Materials. The Contractor will submit requisitions for orders of Owner - Provided Materials to the Owner for approval when required. Vendors will render statements ( "OPM Invoices ") to the Owner for any Owner - Provided Materials purchased. The Owner will provide copies of all OPM Invoices to the Contractor upon approval by the Owner. After reviewing the OPM Invoices, the Contractor will return these OPM Invoices with proper back up to the Owner for payment. The Owner shall make payment directly to the respective vendors as provided in the OPM Invoices. The Owner will send such vendor payments along with Contractor payment to the Contractor who will, as Owner's agent, distribute such vendor payments to the respective vendors in return for Releases of Lien. The Owner will provide Contractor with any tax exemption certificates or other documents required or useful to provide to the vendors of Owner - Provided Materials to evidence the tax - exempt status of the Owner. 3. The Contract Price and shall be reduced by the sum of all Costs of the Work paid by the Owner for Owner - Provided Materials plus any applicable sales and use tax amounts initially included in the Contract Sum and GMP for such Owner - Provided Materials. 4. The Contractor shall maintain separate accounting records for all transactions carried out under the authority of this Agreement. Such records shall be open to the Owner during normal business hours of the Contractor. 5. The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue, receive, inspect, and accept or reject all Owner - Provided Materials purchased in the manner described herein per the Contract. The Contractor shall remain responsible for the proper installation of all Owner - Provided Materials and will continue to warrant its installation of these Owner - Provided Materials as provided in the Contract. This Agreement will not be an acceptable excuse for delay to the construction schedule. 6. The authority granted the Contractor hereunder may be revoked by the Owner at any time upon written notice delivered to the Contractor at its offices during normal business hours. Final Version 6/07 00800 -12 03 -4197 E7711 l f IP" 7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result of any Owner - Provided Materials deduct change orders; i.e., the Contractor's Fee shall continue to apply to the total sum of all remaining Costs of the Work plus the costs of all Owner - Provided Materials and plus the applicable tax amounts. Likewise, all agreed charging rates based on the Contract Price, including without limitation for bonds and insurance, shall continue to be charged based on the total sum of the Contract Price amount plus the costs of all Owner - Provided Materials and plus the applicable tax amounts." Final Version 6/07 END OF DOCUMENT 00800 -13 03 -4197 IN WITNESS WHEREOF, the parties hereto have made and executed this First Amended Supplemental Conditions on the respective dates under each signature: City of Sunny Isles Beach through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the _2A_ day of �r 20o7; and CONTRACTOR authorized to execute same. ATTEST: N — 1��� k a��_ Jane Hines, City Clerk d� IN Ufl; CITY OF SUNNY ISLES BEACH, through its City Commission B: Y orman S. Edelcup, Mayor day of _,2007 Approved as to form and legality by Office of the City A orn y day of _,2007 By: ans Ott , City Attorney ATTEST: S [CORPORATE SEAL] Address for giving notices _day of P 2007 Final Version 6/07 By [CORPORATE SEAL] License No. cilia - 16116- < Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority. to sign). (CITY SEAL)% - 00800 -14 03 -4197 r ul" C THIS PAGE LEFT INTENTIONALLY BLANK. J Final Version 6/07 00800 -15 03 -4197 la n H L kil i SECTION 00900 Addendum No. 1 to Contract documents CITY OF SUNNY ISLES BEACH ND 172 STREET ROADWAY IMPROVEMENTS CGA PROJECT NO. 03 -4197 CITY BID NO. 07 -05 -01 To All Bidders: Bidders for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300 -3. Final Version 6/07 END OF SECTION 00900 -1 03 -4197 P1 n n iY SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.01 SECTION INCLUDES A. Contractor use of site. B. Location of Work. C. Description of Work. D. Work Sequence. E. Owner Occupancy. 1.02 CONTRACTOR USE OF SITE A. Limit use of site and premises to allow: 1. Owner occupancy. 2. Work by others and Owner. 1.03 LOCATION OF WORK A. The work location is in the City of Sunny Isles Beach at N.E. 172nd Street. 1.04 DESCRIPTION OF WORK A. 172nd Street Roadway Improvements consisting of the reconstruction of N.E. 172nd Street including: paving, grading, drainage, lighting improvements, traffic separators, sidewalks, and landscaping. 1.05 WORK SEQUENCE A. Construct work in stages to accommodate Owner's occupancy requirements during the construction period, coordinate construction schedule and operations with Owner. B. The Contractor shall locate all utilities and coordinate all work with the details and plans to avoid conflicts. 06/07 01010 -1 03 -4197 r u lu r [il u u 1.06 OWNER OCCUPANCY A. The Owner may occupy portions of the premises during periods of construction for beneficial occupancy. B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. 1.07 MAINTENANCE OF TRAFFIC A. The Contractor shall prepare the Maintenance of Traffic Plan to maintain traffic flows in all three directions on these roads. This plan must be approved by the City Traffic Engineer. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) 06/07 END OF SECTION 01010 -2 03 -4197 F 0 r. C F11 H Ll r, n n r F SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 RELATED REQUIREMENTS A. General provisions of Contract, including General and Supplementary Conditions. B. Other Division -1 Specification Sections. 1.02 SECTION INCLUDES A. Administrative and procedural requirements for determining Work completed under unit price contract. 1.03 GENERAL REQUIREMENTS A. Lump Sum and unit prices shall include the providing of all costs required for the complete demolition as noted, construction of the specified unit of work including cost of materials and delivery; cost of installation labor, including social security, insurance, and other required fringe benefits, workman's compensation insurance; bond premiums; rental of equipment and machinery; taxes; testing; surveys and other incidental expenses; and supervision. B. The Owner reserves the right to reject the Contractor's measurement of completed work that involves use of established unit prices, and to have this Work measured by an independent surveyor acceptable to the Contractor at the Owner's expense. C. Contract Sum adjustments will be by Change Order on basis of net accumulative change for each unit price category. 1. Except as otherwise specified, unit prices shall apply to both deductive and additive variations of quantities. 2. Lump sum and unit prices in the Agreement shall remain in effect until date of final completion of the entire Work. D. Partial payment for material and equipment properly stored and protected will be made in accordance with requirements of the General Conditions. E. Payment will be made at the respective contract unit and lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all Work in connection therewith and incidental thereto. No separate payment will be made for testing. 1 06/07 01025 -1 03 -4197 v r r c r k H! u r u L p p III u F. Unit Price Abbreviations: 1. Lineal Feet - LF 2. Acre - AC 3. Cubic Yard - CY 4. Square Yard - SY 5. Each - EA 6. Lump Sum - LS 7. Ton - TN 8. Net Mile - NM 9. Gross Mile - GM 10. Gallons - GA 11. Million Gallons - MG PART 2 - PRODUCTS (Not applicable) PART 3 - EXECUTION 3.01 MEASUREMENT AND PAYMENT A. Furnish and Install Drainage Pipe 1. Measurement for payment for furnishing and installing drainage pipe will be based upon the actual number of linear feet of such pipe constructed as determined by measurement along the centerline of the pipe in place, not including through structures, all in accordance with the requirements of the Contract Documents. 2. Payment for furnishing and installing drainage pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule. 3. Payment shall include providing all necessary pipe, trench excavation, bedding, backfilling, compaction, and the appurtenant items for which separate payment is not specifically included in the Bid Schedule. B. Furnish and Install Catch Basin, Storm Maintenance Access Structure or Conflict Structure 1. Measurement for payment for furnishing and installing catch basins or storm maintenance access structures will be based upon the actual quantity, each, of such structures constructed, all in accordance with the requirements of the Contract Documents. 2. Payment for furnishing and installing catch basins or storm maintenance access structures will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the structure including but not limited to excavation, dewatering, backfill and compaction, construction of the reinforced concrete structure and plugged openings (bricks and expanding grout or as approved by the ENGINEER) for proposed future connections, as well as furnishing and installing debris baffles /inverted debris baffles and concrete drainage aprons 06/07 01025 -2 03 -4197 Hf H31 r F111 of L I J where applicable, and the appurtenant items for which separate payment is not specifically included in the Bid Schedule. 3. Conflict structures will include pipe sleeve, if required. C. Connect to Existing Drainage Pipe Measurement for payment for connecting to drainage pipes will be based upon the actual quantity, each, of such connections, all in accordance with the requirement of the Contract Documents. 2. Payment for connecting to existing drainage pipes will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the connection including but not limited to excavation, dewatering, backfill and compaction, removing existing knockout plug where applicable, saw cutting, grouting, construction of the connection, restoration, all else necessary for a complete and functional installation, and the appurtenant items for which separate payment is not specifically included in the Bid Schedule. D. Remove and Dispose of Existing Drainage Pipe Measurement for payment to remove and dispose of existing drainage pipe will be based upon the actual number of linear feet of such pipe actually removed all in accordance with the Contract Documents. 2. Payment for removal and disposal of existing drainage pipe will be made at the unit price per linear foot of pipe named in the Bid Schedule, which price shall constitute full compensation for the removal and disposal of such drainage pipe including backfilling and all restoration work. E. Remove and Dispose of Existing Drainage Structure 1. Measurement for payment to remove and dispose of existing drainage structures will be based upon the actual number, each, of such structures actually removed all in accordance with the Contract Documents. 2. Payment for removal and disposal of existing drainage structures will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the removal and disposal of each catch basin or storm maintenance structure, including backfilling and all restoration work. F. Furnish and Install Asphalt Concrete Pavement 1. Measurement for payment of asphalt concrete pavement will be based upon the number of square yards of such asphalt concrete pavement actually constructed, as detailed in the Drawings, all in accordance with the Contract Documents. 2. Payment for placement of asphalt concrete pavement and the thickness indicated will be made at the unit price per square yard for such placement as 06/07 01025 -3 03 -4197 L' 1. Measurement for payment for furnishing and installing limerock base material will be based upon the number of cubic yards of such materials actually compacted in place at the depth indicated, all in accordance with the Contract Documents. 06/07 01025 -4 03 -4197 1. Measurement for payment for restoration of driveways will be based upon the named and at the thickness indicated in the Bid Schedule, which price shall constitute full compensation for applying a tack coat and furnishing, placing and compacting the asphalt surface, complete in place to the cross section and thicknesses shown on the Drawings; including restoration of traffic loop detectors, adjustment of finished grades of valve boxes for mains which are proposed to remain in service, milling and saw cutting of all pavement and all cleanup of the area disturbed by this construction. 3. Payment for maintenance and protection of traffic, including but not limited to temporary striping between lifts of asphalt, as required, shall be made under the maintenance and protection of traffic item named in the Bid Schedule. G. Remove and Dispose of Existing Asphalt Pavement 1. Measurement for payment to remove and dispose of existing asphalt pavement will be based upon the actual number of square yards of such asphalt pavement actually removed, all in accordance with the Contract Documents. 2. Payment for removal and disposal of existing asphalt pavement will be made at the unit price per square yard of pavement named in the Bid Schedule, which price shall constitute full compensation for the removal and disposal of such roadway pavement, including but not limited to removal of existing pavement markings, raised reflective pavement markers, and valve boxes to be removed. H. Restoration of Driveways 1. Measurement for payment for furnishing and installing limerock base material will be based upon the number of cubic yards of such materials actually compacted in place at the depth indicated, all in accordance with the Contract Documents. 06/07 01025 -4 03 -4197 1. Measurement for payment for restoration of driveways will be based upon the actual number of square yards of such driveways actually restored as shown in the Drawings, all in accordance with the Contract Documents. 2. Payment for restoration of driveways will be made at the unit price per square yard of concrete named in the Bid Schedule, which price shall constitute full compensation for completing said work, including but not limited to removal and disposal of existing material, all limerock, earthwork, compacting, reconstruction of the driveway to the same depth and material as the existing one of better, furnishing and setting for expansion joint material, disposal of excess material, 1:20 maximum sloping (or 5 %) of driveway on private property, and the appurtenant items for which separate payment is not specifically included in the Bid Schedule. 3. No payment will be made for restoration of driveways outside the limits shown on the drawings or not approved in writing by the ENGINEER. I. Furnish and Install Limerock Base Material 1. Measurement for payment for furnishing and installing limerock base material will be based upon the number of cubic yards of such materials actually compacted in place at the depth indicated, all in accordance with the Contract Documents. 06/07 01025 -4 03 -4197 111 9 L R R u 0 n F111 2. Payment for furnishing and installing of limerock base material will be made at the unit price per cubic yard at the depth indicated and named in the Bid Schedule, which price shall constitute full compensation for applying prime coat and furnishing all such material, in place, including all transportation, handling, cleaning, positioning and compacting of said bedding to a Load - Bearing -Ratio of One - hundred (LBR 100), and disposal of waste or unsuitable material. J. Compaction /Stabilization of Subgrade 1. Measurement for payment for compaction /stabilization of subgrade will be based upon the number of square yards of such materials actually compacted, all in accordance with the Contract Documents. 2. Payment for compacting /stabilizing of subgrade will be made at the unit price per square yard named in the Bid Schedule, which price shall constitute full compensation for handling, cleaning, positioning and compacting of said bedding to a Load - Bearing -Ratio of Forty (LBR 40), importing fill material and disposal of excess waste or unsuitable material. K. Furnish and Install Curb, Curb and Gutter and /or Valley Gutter Measurement for payment for furnishing and installing curb, curb and gutter, and /or valley gutter will be based upon the number of linear feet of such curbing actually constructed as determined by measurement along the centerline of the curb in place, all in accordance with the Contract Documents. 2. Payment for furnishing and installing curb, curb and gutter, and /or valley gutter will be made at the unit price per linear foot of such curbing named in the Bid Schedule, which price shall constitute full compensation for complete installation including grading, placing 4" limerock pad, forming, saw cutting of pavement and cleanup of all areas disturbed by this construction. Clear and Grade Swale Measurement for payment for clearing and grading swale will be based upon the number of square yards of swale actually cleared and graded, all in accordance with the Contract Documents. 2. Payment for clearing and grading swale will be made at the unit price per square yard of clearing and grading named in the Bid Schedule, which price shall constitute full compensation, including earthwork, importing of fill material, removal and disposal of excess material including but not limited to brush, bollards, shrubs, concrete, sod, and protection of trees to remain. Swale is defined as the area between the edge of pavement to the right -of- way line, excluding all driveway aprons and concrete sidewalks. 06/07 01025 -5 03 -4197 Fill I III M. Roadway Resurfacing /Overlay 1. Measurement and payment for roadway resurfacing will be based upon the number of square yards of such roadways actually resurfaced, all in accordance with the Contract Documents. 2. Payment for roadway resurfacing will be made at the unit price per square yard named in the Bid Schedule, which price shall constitute full compensation for roadway resurfacing, including but not limited to the removal, by milling of the top 3/" of existing roadway pavement, removal of existing reflective pavement markers, restoration of traffic loop detectors, application of tack coat, and 3/" overlay of Type S -3 asphalt in place. 3. Payment for maintenance and protection of traffic shall be made under the maintenance and protection of traffic item named in the Bid Schedule. N. Furnish and Install Concrete Sidewalks — 5 foot Wide 1. Measurement for payment for furnishing and installing sidewalks will be based upon the actual number of square yards of such sidewalks constructed as shown in the drawings, all in accordance with the Contract Documents. P. Relocate Existing Mailbox 1. Measurement for payment for relocation of existing mailboxes will be based upon the actual number of mailboxes relocated, all in accordance with the Contract Documents. 06/07 01025 -6 03 -4197 2. Payment for furnishing and installing sidewalks will be made at the unit price per square yard named in the Bid Schedule, which price shall constitute full compensation for completing said work, including all earthwork, compaction and stabilization of subgrade, construction of the sidewalk, compliance with current ADA regulations, furnishing and setting for expansion joint material, backfilling of sidewalk, grading and complete restoration of private property including sod due to installation of sidewalk, disposal of excess material, protection of trees to remain, handrail where protection is needed, and the appurtenant items for which separate payment is not specifically included in the Bid Schedule. Excess material includes, but is not limited to, brush, bollards, shrubs, concrete and any other material that inhibits the installation of sidewalk. O. Remove Dispose Existing and of Sidewalk 1. Measurement for payment to remove and dispose of existing sidewalks will be based upon the actual number of square yards of such sidewalks and /or curb removed, all in accordance with the Contract Documents. 2. Payment for removal and disposal of existing sidewalks will be made at the unit price per square yard named in the Bid Schedule, which price shall constitute full compensation for the removal and disposal of sidewalk and /or curb, restoration of disturbed by the areas operation, complete. P. Relocate Existing Mailbox 1. Measurement for payment for relocation of existing mailboxes will be based upon the actual number of mailboxes relocated, all in accordance with the Contract Documents. 06/07 01025 -6 03 -4197 it 2. Payment for relocating existing mailboxes will be made at the unit price name in the Bid Schedule, which price shall constitute full compensation for the complete relocation of the mailboxes including posts. Mailboxes shall be relocated in accordance with postal regulations. 3. No separate payment shall be made for temporary relocation of existing mailboxes required during construction. Q. Furnish and Install Pavement Marking 1. Measurement for payment for furnishing and installing pavement markings will be based upon the number of linear feet of such markings actually constructed as determined by measurement along the centerline of the pavement markings in place, all in accordance with the Contract Documents. 2. Payment for furnishing and installing pavement markings will be made at the unit price per linear foot of pavement markings named in the Bid Schedule, which price shall constitute full compensation for the complete installation. 3. Payment for restoration of existing pavement markings shall be made at the unit prices for furnishing and installing pavement markings named in the Bid Schedule. Locations and quantities of such existing pavement markings to be restored shall be verified with the ENGINEER prior to disturbing the existing pavement markings. R. Furnish and Install Reflective Pavement Markers 1. Measurement for payment for furnishing and installing raised reflective pavement markers (RPM) will be based upon the actual number, each, of such RPM's installed, all in accordance with the Contract Documents. 2. Payment for furnishing and installing RPM's will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the complete installation. S. Relocate or Adjust Existing Street Sign 1. Measurement for payment to adjust existing signs will be based upon the actual quantity, each, of such signs relocated of adjusted, all in accordance with the Contract Documents. 2. Payment for relocating or adjusting existing signs will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the work of relocating or adjusting existing signs and all else necessary for a complete and functional installation. 06/07 01025 -7 03 -4197 ai T. Remove and Dispose Existing Street Sign 1. Measurement for payment to remove and dispose existing signs will be based upon the actual quantity, each, of such signs actually removed from the right -of -way, all in accordance with the Contract Documents. 2. Payment for removal and disposal of existing signs will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the removal and disposal of existing signs. U. Furnish and Install Street Signs (With Post) 1. Measurement for payment to furnish and install signs will be based upon the actual quantity, each, of such signs furnished and installed, all in accordance with the Contract Documents. 2. Payment for furnishing and installing signs will be made at the unit price, each, named in the Bid Schedule, which price shall constitute full compensation for the completed installation of the sign including post, and all else necessary for a complete and functional installation. V. Furnish and Install Text or Directional Arrow 1. Measurement for payment to furnish and install text or directional arrows will be based upon the actual quantity, each, of such text or directional arrows furnished and installed, all in accordance with the Contract Documents. 2. Payment for furnishing and installing text or directional arrows will be made at the unit price, each, text or arrow with associated lines, named in the Bid Schedule, which price shall constitute full compensation for the work of the complete installation. W. Relocate Existing Utility Poles 1. Measurement for payment for relocation of existing utility poles will be based upon the actual number of utility poles relocated, all in accordance with the Contract Documents. 2. Payment for relocating existing utility poles will be made at the unit price name in the Bid Schedule, which price shall constitute full compensation for the complete relocation of the utility poles. Utility poles shall be relocated in accordance with local or governing power company regulations. 3. No separate payment shall be made for temporary relocation of existing utility poles required during construction. X. Project Mobilization 1. The project mobilization item shall be administered in accordance with the Florida Department of Transportation, Standard Specifications for Road & Bridge Construction (latest edition); MOBILIZATION. 06/07 01025 -8 03 -4197 K17;% � Ijl R 11411 r�i 2. The maximum amount allowed for the mobilization item shall be ten percent (10 %) of the total contract amount. 3. Mobilization includes, but is not limited to, mobilization of equipment, all surveying, all supervision, cost of all bonds and warranties, all permit fees, and all insurance. 3.02 PROTECTION A. Where pavement, trees, shrubbery, fences or other property or surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. 3.03 SUBMITTALS A. On lump sum items, a complete schedule of values must be submitted at the pre - construction meeting by the contractor. END OF SECTION 06/07 01025 -9 03 -4197 11 SECTION 01030 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.01 OBSTRUCTIONS 06/07 01030 -1 03 -4197 A. The attention of the Contractor is drawn to the fact that during construction at the Project site, the possibility exists of the Contractor encountering various water, sewer, petroleum, gas, telephone, electrical, or other lines not shown on the Drawings. The Contractor shall exercise extreme care before and during construction to locate and flag these lines so as to avoid damage to the existing lines. Should damage occur to an existing line, the Contractor shall repair the line at no cost to the Owner. 1.02 PROVISIONS FOR THE CONTROL OF DUST A. Sufficient precautions shall be taken during construction to minimize the amount of dust created. Wetting down the site may be required or as directed by the Engineer to prevent dust as a result of vehicular traffic. 1.03 RELOCATIONS A. The Contractor shall be responsible for the relocation of structures, including but not limited to light poles, signs, sign poles, fences, piping, conduits and drains that interfere with the positioning of the work as set out on the Drawings. The cost of all such relocations shall be included in the bid for the project and shall not result in any additional cost to the Owner. 1.04 WARRANTIES A. All equipment supplied under these Specifications shall be warranted by the Contractor and the equipment manufacturers for a of one (1) period year. Warranty period shall commence on the date of Owner acceptance. B. The equipment shall be warranted to be 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 the machine(s) and the unit(s) restored to service at no expense to the Owner. 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. In the event that the manufacturer is unwilling to provide a one year warranty commencing at the time of Owner acceptance, the Contractor shall obtain from the manufacturer a two (2) year warranty starting at the time of Owner acceptance of the equipment. 06/07 01030 -1 03 -4197 Ij hAl", H H ri N N, pr� n n C 4 1.05 HURRICANE PREPAREDNESS PLAN A. Within ten days of the date of Notice to Proceed, the Contractor shall submit to the Engineer and Owner a Hurricane Preparedness Plan. The plan should outline the necessary measures, which the Contractor proposes to perform at no additional cost to the Owner in case of a hurricane warning. B. In the event of inclement weather or whenever the Engineer shall direct; the Contractor will cause Subcontractors to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any portion of Work or materials shall have been damaged or injured by reason of 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. 1.06 EQUIPMENT, TESTING & INSPECTION A. Regardless of the number of days specified in the individual sections for the manufacturers representative to be present on the site for inspection and testing, if the equipment fails to perform as specified then the representative shall remain on site until the malfunction is corrected and the Owner received specified days of inspection or testing. B. The cost for the additional days required shall not be added to the cost of the Owner, but shall be to the account of the Contractor. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION 06/07 01030 -2 03 -4197 u SECTION 01045 CUTTING AND PATCHING PART 1 - GENERAL 1.01 WORK INCLUDED A. Contractor shall be responsible for all cutting, fitting and patching, including attendant excavation and backfill, required to complete the work or to: 1. Make its several parts fit together properly. 2. Uncover portions of the Work to provide for installation of ill -timed work. 3. Remove and replace defective work. 4. Remove and replace work not conforming to requirements of Contract Documents. 5. Remove samples of installed work as specified for testing. 6. Provide routine penetrations of non - structural surfaces for installation of piles, piping, and electrical conduit. 7. Investigate subsurface conditions or utilities. im 1.02 RELATED WORK A. Section 01010: Summary of Work 1.03 SUBMITTALS A. Submit a written request to the Engineer well in advance of executing any cutting or alteration that affects: 1. Work of the Owner or any separate contractor. 2. Structural value or integrity of any element of the Project. 3. Integrity or effectiveness of weather - exposed or moisture - resistant elements or systems. 4. Efficiency, operational life, maintenance or safety of operational elements. Visual qualities of sight- exposed elements. B. Request shall include: 1. Identification of the Project. 2. Description of affected work. 3. The necessity for cutting, alteration or excavation. 4. Effect on work of Owner or any separate contractor, or on structural or weatherproof integrity of Project. 5. Description of proposed work: a. Scope of cutting, patching, alteration, or excavation. b. Trades who will execute the work. C. Products proposed to be used. d. Extent of refinishing to be redone. 6. Alternatives to cutting and patching. 7. Cost proposal, when applicable. 06/07 01045 -1 03 -4197 1 u 8. Written permission of any separate contractor whose work will be affected. C. Submit written notice to the Engineer designating the date and the time work will be uncovered. PART 2- PRODUCTS 2.01 MATERIALS A. Comply with specifications and standards for each specific project involved. PART 3 - EXECUTION 3.01 INSPECTION A. Inspect existing conditions of Project, including elements subject to damage or to movement during cutting or patching. B. After uncovering work, inspect conditions affecting installation of Products, or performance of work. C. Report unsatisfactory or questionable conditions to the Engineer in writing; do not proceed with work until the Engineer has provided further instructions. 3.02 PREPARATION A. Provide adequate temporary support as necessary to assure structural value or integrity of affected portion of Work. B. Provide devices and methods to protect other portions of Project from damage. C. Provide protection from elements for that portion of the project that may be exposed by cutting and patching work, and maintain excavations free from water. 3.03 PERFORMANCE A. Execute cutting and demolition by methods that will prevent damage to other work, and will provide proper surfaces to receive installation of repairs. B. Execute excavating and backfilling by methods that will prevent settlement or damage to other work. C. Employ original Installer or Fabricator to perform cutting and patching for: 1. Weather- exposed or moisture - resistant surfaces. 2. Sight- exposed finished surfaces. D. Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. 06/07 01045 -2 03 -4197 H R r R 0 0 t e 06/07 E. Restore work that has been cut or removed; install new products to provide completed Work in accord with requirements of Contract Documents. F. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces. G. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes: 1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish entire unit. END OF SECTION 01045 -3 03 -4197 LF� �i IJ v r �II r. D n v r L I SECTION 01046 MODIFICATIONS TO EXISTING STRUCTURES, PIPING AND EQUIPMENT PART 1 - GENERAL 1.01 WORK INCLUDED A. Furnish all labor, materials, equipment and incidentals required to modify, alter and convert existing structures as shown or specified and as required for the installation of new mechanical equipment, piping and appurtenances. Work shall be performed within the requirements of Special Project Procedures in Section 01030 and required Construction Scheduling in Section 01310. Existing piping and equipment shall be removed and dismantled as necessary for the performance of structural alterations in accordance with the requirements herein specified. 1.02 RELATED WORK A. Section 01045: Cutting and Patching PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 GENERAL A. The Contractor shall cut, repair, reuse, excavate, demolish or otherwise remove parts of the existing structures or appurtenances, as indicated on the Contract Drawings, herein specified, or necessary to permit completion of the work under this Contract. B. Blasting with explosives will not be permitted to complete any work under this Contract. Care shall be taken not to damage any part of existing buildings, foundations and exterior structures both below and above ground. C. No existing structure, equipment, or appurtenance shall be shifted, cut, removed, or otherwise altered except with the express approval of and to the extent approved by the Engineer. D. Materials and equipment removed in the course of making alterations and additions shall remain the property of the Owner, except that items not salvageable, as determined by the Engineer and the Owner shall become the property of the Contractor to be disposed of by him off the site of the work at his own place of disposal. E. All work of altering existing structures shall be done at such time and in such manner as will comply with the approved time schedule. So far as possible before any part of the work is started, all tools, equipment, and materials shall be 06/07 01046 -1 03 -4197 assembled and made ready so that the work can be completed without delay. F. All workmanship and new materials involved in constructing the alterations shall conform to the General Specifications for the classes of work insofar as such specifications are applicable. G. All cutting of existing masonry or other material to provide suitable bonding to new work shall be done in a manner to meet the requirements of the respective section of these specifications covering the new work. When not covered, the work shall be carried on in the manner and to extent directed by the Engineer. H. Where holes in existing masonry are required to be sealed, unless otherwise herein specified, they shall be sealed with cement mortar or concrete. The sides of the openings shall be provided with keyed joints and shall be suitably roughened to furnish a good bond and make a watertight joint. All loose or unsound material adjacent to the opening shall be removed and, if necessary, replaced with new material. The method of placing the mortar seal shall provide a suitable means of releasing entrapped air. Surfaces of seals visible in the completed work shall be made to match as nearly as possible the adjacent surfaces. J. Nonshrink grout shall be used for setting wall castings, sleeves, leveling pump bases, doweling anchors into existing concrete and elsewhere as shown. K. Operating equipment shall be thoroughly cleaned and then lubricated and greased for protection during prolonged storage. L. The Contractor shall provide flumes, hoses, piping, etc. to divert or provide suitable plugs, bulkheads or other means to hold back the flow of wastewater, water or other liquids, all as required in the performance of the work under this Contract. CONNECTING TO EXISTING PIPING AND EQUIPMENT A. The Contractor shall verify exact location, material, alignment, joint, etc. of existing piping and equipment prior to making the connections called out in the Drawings. The verifications shall be performed with adequate time to correct any potential alignment or other problems prior to the actual time of connection. B. The Contractor shall dismantle and remove all existing equipment, piping and other appurtenances required, he shall cut existing pipelines for the purpose of making connections thereto. Anchor bolts for equipment and structural steel removed shall be cut off one inch below the concrete surface. Surface shall be finished as specified in Division 3. C. At the time that a new connection is made to an existing pipeline, additional new piping, extending to and including the most convenient new valve, shall be installed. 06/07 01046 -2 03 -4197 :i 11.1 i I'll fll D. Where necessary or required for the purpose of making connections, the Contractor shall cut existing pipe lines in a manner to provide an approved joint. Where required, he shall weld beads, flanges or provide Dresser Couplings, all as required. END OF SECTION 06/07 01046 -3 03 -4197 rd LE, H' I j SECTION 01050 FIELD ENGINEERING PART 1 - GENERAL 1.01 WORK INCLUDED A. Provide and pay for field engineering services required for Project as follows: 1. Civil, structural, geotechnical, or other professional engineering services specified, or required to execute the Contractor's construction methods. 2. Land surveying required to layout the work. B. The Contractor shall retain the services of a registered land surveyor licensed in the State of Florida for the line, grade, and right -of -way layout. 1.02 RELATED WORK A. Section 01010: Summary of Work. 1.03 QUALIFICATIONS OF PROFESSIONAL A. Qualified Engineer or Registered Land Surveyor, acceptable to the City and the Engineer. B. Registered Professional Engineer of the specialty required for the specific service on the Project, currently licensed in the State of Florida. 1.04 RECORDS A. Maintain a complete, accurate log of all control and survey work as it progresses. B. At the end of the project, submit certified as -built information at the same scale as the irrigation designer's line drawings indicating elevations and locations of all irrigation piping, heads, valves, pump, controller, and connections. 1.05 SUBMITTALS A. Submit name and address of registered land surveyor to the Engineer. B. On request of the Engineer, 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) 06/07 END OF SECTION 01050 -1 03 -4197 0 n L 1 u 5"'1 J, SECTION 01100 ALTERNATES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. This section identifies procedures for proposing Alternates, and describes the basic changes to be incorporated into the Work, only when that Alternate is made a part of the Work by specific provisions in the Owner - Contractor Agreement. 1.02 RELATED REQUIREMENTS A. Bidding Documents: Method of quotation of the cost of each Alternate, and the basis of the Owner's acceptance of Alternates. B. Owner- Contractor Agreement: Incorporation of Alternates into the Work. C. Sections of the Specifications as listed under the respective Alternates. D. Referenced sections of Specifications stipulate pertinent requirements for products and methods to achieve the work stipulated under each Alternate. E. Coordinate pertinent related work and modify surrounding work as required to properly integrate the work under each Alternate, and to provide the complete construction required by Contract Documents. 1.03 PROCEDURES A. Alternates will be exercised at the option of the Owner. B. Coordinate related work and modify surrounding work as required to complete the Work, including changes under each Alternate, and to provide the complete construction required by Contract Documents. C. The Bidders may offer optional proposals in the part of the Bid form titled "Document 00400, Appendix C" for manufacturers and suppliers of equipment other than those required to be used in the base bid which they believe meets the Specifications for the Owner's consideration. After the Contract has been awarded, the Owner will determine whether any or all of the equipment options will be accepted and a Change Order will be issued to revise the contract price in the amount of the options desired. Offering an option shall bind the Contractor to accepting the Change Order, but the Owner is in no way bound to accept any option. If any option is offered, the model number and brand name must be submitted. 1 06/07 01100 -1 03 -4197 D. If an equipment option is proposed, the option price must reflect any additional installation and engineering costs required as a result of differences in equipment installation requirements. No extra cost will be paid to the Contractor for modification of concrete piping, electrical, etc., in the event the Owner elects to accept an option. All revisions required shall be subject to the approval of the IM Engineer. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION 1 06/07 01100 -2 03 -4197 SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Applications for Payment to the Engineer in accordance with the schedule established by Conditions of the Contract and Agreement Between Owner and Contractor. 1.02 RELATED REQUIREMENTS A. Agreement between Owner and Contractor consisting of an approved payment schedule by the City of Sunny Isles Finance Department. Conditions of the Contract: Progress Payments, Retainages, Final Payment, schedule of values and Record Documents. B. Section 01310: Construction Schedules C. Section 01370: Schedule of Values D. Section 01720: Project Record Documents 1.03 FORMAT AND DATA REQUIRED A. Submit applications typed on forms provided by the Owner, Application for Payment, with itemized data typed on 8 1/2 inch x 14 inch white paper and continuation sheets. Payment forms shall show significant detail to substantiate request. Additional detail may be required by the Engineer. 1.04 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. 06/07 01152 -1 03 -4197 L� L i 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. 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer 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 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 a set of drawings to be used as a record drawings in accordance with Section 01720. As a prerequisite for monthly progress payments, the Contractor shall submit the updated record drawings for review by the Engineer. E. Construction schedule in accordance with 01310. 1.06 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. C. Submit final record drawings. 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to the Engineer at the times stipulated in the Agreement. 06/07 01152 -2 03 -4197 B. Number: Five copies of each Application. C. When the Engineer finds Application properly completed and correct, he will transmit certificate of payment to Owner, with copy to Contractor. PART 2 — PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION kff� 1 06/07 01152 -3 03 -4197 Rol SECTION 01200 PROJECT MEETINGS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. The Engineer shall schedule and administer pre- construction meetings, periodic progress meetings, and specially called meetings throughout the progress of work. The Engineer shall: 1. Prepare agenda for meetings. 2. Make physical arrangements for meetings. 3. Preside at meetings. 4. Record the minutes; include significant proceedings and decisions. 5. Reproduce and distribute copies of minutes within five working days after each meeting. a. To participants in the meeting. b. To parties affected by decisions made at the meeting. B. Representatives of contractors, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. C. The Contractor shall attend meetings to ascertain that work is executed consistent with Contract Documents and construction schedules. 1.02 RELATED REQUIREMENTS A. Section 01310: Construction Schedules. B. Section 01340: Shop Drawings, Working Drawings, and Samples. C. Section 01720: Project Record Documents. 1.03 PRE - CONSTRUCTION MEETING 1. Schedule a pre- construction meeting no later than 15 days after date of Notice to Proceed. 2. Location: A central site, convenient for all parties designated by the Owner. 3. Attendance: a. Owner's Representative. b. Engineer and his Professional Consultants. C. Resident Project Representative. d. Contractor's Superintendent. e. Major Subcontractors. 06/07 01200 -1 03 -4197 f 4. t1{ {f H r L 1,11,11 i n R n f. Major Suppliers. g. Utilities. h. Others as appropriate. D. Suggested Agenda: 1. Distribution and discussion of: a. List of major subcontractors and suppliers. b. Projected Construction Schedule. 2. Critical work sequencing /critical path scheduling. 3. Major equipment deliveries and priorities. 4.. Project Coordination. a. Designation of responsible personnel. 5. Procedures and processing of: a. Field decisions. b. Proposal requests. C. Submittals. d. Change Orders. e. Applications for Payments. 6. Adequacy of Distribution of Contract Documents. 7. Procedures for maintaining Record Documents. 8. Use of Premises: a. Office, Work and Storage Areas. b. Owner's Requirements. 9. Construction facilities, controls and construction aids. 10. Temporary Utilities. 1.04 PROGRESS MEETINGS A. Schedule regular periodic meetings. The progress meetings will be held as required by progress of the work. B. Hold called meetings as required by progress of the work. C. Location of the meetings: Project field office of the Contractor or Engineer. D. Attendance: 1. Engineer, and his professional consultants as needed. 2. Subcontractors as appropriate to the agenda. 06/07 01200 -2 03 -4197 'I F k i, H r 3. Suppliers as appropriate to the agenda. 4. Others as appropriate. E. Suggested Agenda: 1. Review, approval of minutes of previous meeting. 2. Review of work progress since previous meeting. 3. Field observations, problems, conflicts. 4. Problems which impede Construction Schedule. 5. Review of off site fabrication, delivery schedule. 6. Corrective measures and procedures to regain projected schedule. 7. Revisions to Construction Schedule. 8. Progress, schedule, during succeeding work period. 9. Coordination of schedules. 10. Review submittal schedules; expedite as required. 11. Maintenance of quality standards. 12. Pending changes and substitutions. 13. Review proposed changes for: a. Effect on Construction Schedule and on a completion date. b. Effect on other contracts of the Project. 14. Other business. 15. Construction schedule. 16. Critical /long lead items. F. The Contractor is to attend progress meetings and is to study previous meeting minutes and current agenda items, in order to be prepared to discuss pertinent topics such as deliveries of materials and equipment, progress of work, etc. G. The Contractor is to provide a current submittal log at each progress meeting in accordance with Section 01340. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF DOCUMENT 06/07 01200 -3 03 -4197 fi 06/07 01310 -1 03 -4197 SECTION 01310 CONSTRUCTION SCHEDULES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after Award of the Contract and within ten days after the effective date of the Agreement, prepare and submit to the Engineer 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 Engineer until there is an approved up to date 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. t1.02 RELATED REQUIREMENTS A. Section 01010: Summary of Work. B. Section 01152: Applications for Payment C. Section 01200: Project Meetings. D. Section 01340: Shop Drawings, Working Drawings and Samples. 1.03 FORM OF SCHEDULES A. Prepare schedules for submittal each month with pay request. The form of the schedule is to be MicrosoftTM Project 4.1 a or approved equal. The Schedule is to indicate work completed to date and additions to or deletions from the schedule. 1. Provide separate horizontal bar or CPM for each trade or operation within each structure or item. 2. Horizontal time scale: In weeks from start of construction and identify the first work day of each month. 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 24 inches x 36 inches. 1 06/07 01310 -1 03 -4197 r 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. oil 1.04 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 two -week increment scale. Specifically list, but not limited to: a. Receiving Materials b. Pipeline Installations C. Testing d. Restoration e. Startup f. Record Drawings g. Permits h. Punch List i. Owner Activities, Including Inspections 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. V 5. Use of float suppression techniques such as preferential sequencing or logic, special lead /lag logic restraints, and extended activity times are prohibited, and use of float time disclosed or implied by use of alternate float- suppression techniques shall be shared to proportionate benefit of the Owner and Contractor. 6. Pursuant to above float- sharing requirement, no time extensions will be granted nor delay damages paid until a delay occurs which (i) impacts Project's critical path, (ii) consumes available float or contingency time, and (iii) extends work beyond contract completion date. 7. If the Contractor provides an accepted schedule with an early completion date, the Owner reserves the right to reduce the duration of the work to match the early completion date by issuing a deductive Change Order at no change in Contract Price. 06/07 01310 -2 03 -4197 it W ftl I` I� r jr B. Submittals Schedule for Shop Drawings, and Samples in accordance with Section 01340. Show: 1. The dates for Contractor's submittals. 2. The dates submittals will be required for owner furnished products, if applicable. 3. The dates approved submittals will be required from the Engineer. C. A list of all long lead items (equipment, materials, etc). 1.05 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. The effect of changes on schedules of other prime contractors. 1.06 SUBMISSIONS A. Submit initial schedules to the Engineer within 10 days after the effective date of the Agreement. 1. The Engineer will review schedules and return review copy within 21 days after receipt. 2. If required, resubmit within 7 days after return of review copy. B. Submit 5 copies of revised monthly progress schedules with that month's application for payment. 06/07 01310 -3 03 -4197 1.07 DISTRIBUTION PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) 06/07 END OF SECTION 01310 -4 03 -4197 A. Distribute copies of reviewed schedules to: 1. Owner (Two Copies) 2. Engineer (Two Copies) 3. Job Site File 4. Subcontractors 5. Other Concerned Parties 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) 06/07 END OF SECTION 01310 -4 03 -4197 I F1,10 i S n V11141 0 SECTION 01340 SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. The Contractor shall submit to the Engineer for review such working drawings 1 f 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. Within thirty (30) calendar days after the effective date of the Agreement, the Contractor shall submit to the Engineer 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 Engineer 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. C. The contractor is to maintain an accurate updated submittal log and will bring this log to each scheduled progress meeting with the Owner and Engineer. This log should include the following items: 1. Submittal- Description and Number assigned. 2. Date to Engineer. 3. Date returned to Contractor (from Engineer). 4. Status of Submittal (Approved /Resubmit/Rejected). 5. Date of Resubmittal and Return (as applicable). 6. Date material released (for fabrication). 7. Projected date of fabrication. 8. Projected date of delivery to site. 1.02 RELATED REQUIREMENTS A. Section 01600 B. Section 01720: Material and Equipment Project Record Documents 06/07 01340 -1 03 -4197 it L V1 Hill kllil #! C. Designate in the construction schedule, the dates for submission and the dates Drawings and Samples will be needed. 1.03 CONTRACTOR'S RESPONSIBILITY or in a separate coordinated schedule, that reviewed Shop Drawings, Working 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 Engineer for review. Each and every copy of the Drawings and data shall. bear Contractor's stamp or 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: Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance and Specifications C. The Contractor shall furnish the Engineer 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 Engineer approved. E. The Contractor shall submit to the Engineer 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 Engineer receives them. F. The Contractor shall submit three (3) copies of descriptive or product data submittals to complement shop drawings for the Engineer plus the number of copies that the Contractor requires. The Engineer will retain three (3) sets. All blueprint shop drawings shall be submitted with one (1) set of reproducible and four (4) sets of print. The Engineer 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 that may result from the ordering of any material or from proceeding with any part of work prior to the review by Engineer of the necessary Shop Drawings. 01340 -2 03 -4197 F-11 1 1.04 ENGINEER'S REVIEW OF SHOP DRAWINGS A. The Engineer's review of drawings, data and samples submitted by the Contractor will cover only general conformity to the Specifications, external connections, and dimensions that affect the installation. The Engineer's review and exceptions if any, will not constitute an approval of dimensions, quantities, and details of the material, equipment, device, or item shown. 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 Engineer, except as otherwise provided herein. C. If the drawings or schedule as submitted describe variations per subparagraph (1.05.C), and show a departure from the Contract requirements which Engineers 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 Engineer may return the reviewed drawings without noting an exception. D. When reviewed by the Engineer, each of the Shop Drawings will be identified as having received such review being so stamped and dated. Shop Drawings stamped "REJECTED" and with required corrections shown will be returned to the Contractor for correction and re- submittal. E. Re- submittals will be handled in the same manner as the first submittals. On resubmittals, the Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, to revisions other than the corrections requested by the Engineer on previous submissions. The Contractor shall make any corrections required by the Engineer. 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 j written notice thereof to the Engineer. G. The Engineer will review a submittal /resubmittal 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 Engineer, the Contractor shall carry out the construction in accordance therewith and shall make no further changes therein except upon written instructions from the Engineer. 1 06/07 01340 -3 03 -4197 I I I. No partial submittals will be reviewed. Submittals not complete will be returned to the Contractor, and will not be considered "Rejected" until resubmitted. 1.05 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 that 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 Engineer 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 1/2 inches by 3 1/2 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 and electrical 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. 06/07 01340 -4 03 -4197 INS 4fi G. All manufacturers or equipment suppliers who propose to furnish equipment or products under Divisions 11, 13, 15 and 16 shall submit an installation list to the Engineer along with the required shop drawings. The installation list shall include at least five installations where identical equipment has been installed and has been in operation for a period of at least one (1) year. H. Only the Engineer will utilize the color "red" in marking Shop Drawing submittals. I. Before final payment is made, the Contractor shall furnish to Engineer 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, electrical system, instrumentation system and irrigation. 1.06 WORKING DRAWINGS A. When used in the Contract Documents, the term "working drawings" shall be considered to mean the Contractor's plans for temporary structures such as temporary bulkheads, support of open cut excavation, support of utilities, ground water control systems, forming and false -work; for underpinning; and for such other work as may be required for construction, but does not become an integral part of the project. B. Copies of working drawings as noted in subparagraph 1.06A above, shall be submitted to the Engineer where required by the Contract Documents or requested by the Engineer, and shall be submitted at least thirty (30) calendar days (unless otherwise specified by the Engineer) in advance of their being required for work. C. Working drawings shall be signed by a Registered Professional Engineer, currently licensed to practice in the State of Florida and shall convey, or be accompanied by, calculation or other sufficient information to completely explain the structure, machine, or system described and its intended manner of use. Prior to commencing such work, working drawings must have been reviewed without specific exceptions by the Engineer, which review will be for general conformance and will not relieve the Contractor in any way from his responsibility with regard to the fulfillment of the terms of the Contract. All risks of error are assumed by the Contractor; the Owner and Engineer shall have no responsibility therefore. 1.07 SAMPLES A. The Contractor shall furnish, for the approval of the Engineer, samples required by the Contract Documents or requested by the Engineer. Samples shall be delivered to the Engineer 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 Engineer. B. Samples shall be of sufficient size and quantity to clearly illustrate: Functional characteristics of the product, with integrally related parts and attachment devices. 06/07 01340 -5 03 -4197 1 1 2. Full range of color, texture and pattern. 3. A minimum of two 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.) D. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in subparagraph 1.07B above. He shall enclose a copy of this letter with the shipment and send a copy of this letter to the Engineer. 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 Engineer 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 1 06/07 01340 -6 03 -4197 DOCUMENT 01370 SCHEDULE OF VALUES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit to the Engineer a Schedule of Values allocated to the various portions of the Work, within 10 days after the effective date of the Agreement. B. Upon request of the Engineer, support the values with data that will substantiate their correctness. C. The Schedule of Values shall be used as the basis for the Contractor's Applications for Payment. 1.02 RELATED REQUIREMENTS A. Section 01152: Application for Payment 1.03 FORM AND CONTENT OF SCHEDULE OF VALUES A. Type schedule on an 8 -1/2 inch x 11 inch or 8 -1/2 inch x 14 inch white paper; Contractor's standard forms and automated printout will be considered for approval by the Engineer upon Contractor's request. Identify schedule with: 1. Title of Project and location 2. Engineer and Project number 3. Name and Address of Contractor 4. Contract designation 5. Date of submission B. Schedule shall list the installed value of the component parts to include individual equipment, piping, electrical, paving, of the Work (as required) in sufficient detail to serve as a basis for computing values for progress payments during construction. C. For the various portions of the Work: 1. Each item shall include a directly proportional amount of the Contractor's overhead and profit. D. The sum of all values listed in the schedule shall equal the total Contract Sum. 06/07 01370 -1 03 -4197 1,;, F i E. Schedules are subject to Engineer's approval wherein additional line item detail may be required. PART 2 — PRODUCTS (Not Used) PART 3 — PRODUCTS (Not Used) END OF SECTION 01370 -2 03 -4197 F SECTION 01410 TESTING AND TESTING LABORATORY SERVICES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall employ and pay for the services of an Independent Testing Laboratory to perform testing as required by the Owner to verify conformity with the Contract Documents. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the Work of the Contract. 1.02 RELATED REQUIREMENTS A. Conditions of the Contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of products. C. Each specification section listed: Laboratory tests required and standards for testing. D. Testing laboratory inspection, sampling and testing is required for, but not limited to the following: 1. Soil Survey 2. Cast -in -Place Concrete 3. Asphaltic Concrete Paving 4. Earthwork 1.03 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the Work 1 3. Perform any duties of the Contractor I 1 06/07 01410 -1 03 -4197 Elk, i 1-�11 f 4, e�x 1.04 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to Work and pay for testing. B. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other materials mixes which require control by the testing laboratory. D. Materials and equipment used in the performance of work under this Contract are subject to inspection and testing at the point of manufacture or fabrication. Standard specifications for quality and workmanship are indicated in the Contract Documents. The Engineer may require the Contractor to provide statements or certificates from the manufacturers and fabricators that the materials and equipment provided by them are manufactured or fabricated in full accordance with the standard specifications for quality and workmanship indicated in the Contractor Documents. All costs of this testing and providing statements and certificates shall be a subsidiary obligation of the Contractor, and no extra charge to the Owner shall be allowed on account of such testing and certification. E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested 2. To obtain and handle samples at the Project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples F. Notify laboratory sufficiently in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. G. Employ and pay for the services of the same or a separate, equally qualified independent testing laboratory to perform additional inspections, sampling and testing required for the Contractor's convenience. H. Provide the Engineer with a copy of all test and reports. 1.05 TYPES OF TEST REQUIRED A. Density tests for trench backfill at the rate of three tests per lift in 1,000 feet of trench. B. Density tests for subgrade compaction at the rate of three tests in 1,000 feet of roadway. 06/07 01410 -2 03 -4197 Y; Ee C. Density tests for limerock base at the rate of three tests per day on each course of completed compacted base. D. Density tests for roadway crossings at the rate of one test per lane per lift of compacted material, beginning one foot above the normal water table. E. If in the opinion of the Engineer, suitable compaction has not been achieved around structures, density tests may be required. F. Concrete compressive strength at the rate of three cylinders per the lesser of 50 cubic yards or per day. G. Should the above test results indicate deficiencies, the Engineer may order additional tests at the Contractor's expense, and all reworked areas shall be retested at the Contractor's expense. H. Testing in the County right -of -way shall meet the requirements of Dade County's "Minimum Standards ". PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 06/07 01410 -3 03 -4197 H i R! i l J 5 'ii C L i SECTION 01505 CONTROL OF WORK 1.01 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 Engineer 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 Engineer 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. 1.02 OBSTRUCTIONS A. The attention of the Contractor is drawn to the fact that during digging at the Project site, the possibility exists of the Contractor encountering various water, sewer, petroleum, gas, telephone, electrical, or other lines not shown on the Drawings. The Contractor shall exercise extreme care before and during digging to locate and flag these pipes so as to avoid damage to the existing pipes. Should damage occur to an existing pipe, The Contractor shall repair the pipe at no cost to the City. B. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. C. The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor shall make exploratory excavations of all utilities that may interfere with the work. All such exploratory excavations shall be performed as soon a practicable after award of the contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's work. When such exploratory excavations show the utility location as shown to be in error, the Contractor shall so notify the Engineer. D. The number of exploratory excavations required should be that number which is sufficient to determine the alignment and grade of the utility. Test pits shall be dug at the Contractor's expense, as directed. E. The Contractor shall protect all Underground Utilities and other improvements that may be impaired. during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage 1 06/07 01505 -1 03 -4197 11-� [M;iii due to such operations. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. F. In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will, upon request of the Contractor, be notified by the Owner to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. G. Where the proper completion of the work requires the temporary or permanent removal and /or relocation of an existing utility or other improvement that is indicated, the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or improvement in a manner satisfactory to the Engineer and the owner of the facility. In all cases of such temporary removal or relocation, restoration to former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former locations and to as good or better condition than found prior to removal. H. Existing utility lines that are indicated or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired or replaced by the Contractor at the Contractor's expense. Sewer laterals are included. All repairs to a damaged utility or improvement are subject to inspection and approval by an authorized representative of the utility or improvement owner before being concealed by backfill or other work. J. All oil and gasoline pipelines, power, and telephone or the communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. 1.04 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 06/07 01505 -2 03 -4197 k FT 1111]", M 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 Engineer. 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 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 Engineer and in accordance with all laws and regulations pertaining thereto. 1.05 SALVAGE A. Any existing equipment or material including but not limited to, valves, pipes, fittings, couplings, etc., which is removed or replaced as a result of construction under this project may be designated as salvage by the Engineer or City and if so shall be excavated, if necessary, and delivered to the City by a location directed by the City. Any equipment or material not worthy of salvaging, as directed by the City, shall be disposed of by the Contractor at a suitable location. PART 2 - PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 COOPERATION WITHIN THIS CONTRACT A. All firms or persons authorized to perform any work under this Contract shall cooperate with the General Contractor and his subcontractors or trades, and shall assist in incorporating the work of other trades where necessary or required. 06/07 01505 -3 03 -4197 �y 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 Engineer. 3.02 PROTECTION OF CONSTRUCTION AND EQUIPMENT A. All newly constructed work shall be carefully protected from injury in any way. No wheeling or 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. END OF SECTION IN l t 3; I � ?r�Y 1 06/07 01505 -4 03 -4197 SECTION 01510 TEMPORARY UTILITIES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install and maintain temporary utilities required for construction, remove on completion of work. 1.02 RELATED REQUIREMENTS A. Section 01010: Summary of Work 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code. B. Comply with Federal, State and Local codes and regulations and with utility company requirements. C. Comply with County Health Department and Environmental Regulations. PART 2 - PRODUCTS 2.01 MATERIALS A. Materials may be new or used, but must be adequate in capacity for the required usage, must not create unsafe conditions, and must not violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. Arrange with utility company, provide service required for power and lighting, and pay all costs for service and for power used in the construction, testing and trial operation prior to final acceptance of the work by the Owner. B. Install circuit and branch wiring, with the area distribution boxes located so that power and lighting is available throughout the construction by the use of construction type power cords. C. Provide adequate artificial lighting for all areas of work when natural light is not adequate to work, and all areas accessible to the public. 06/07 01510 -1 03 -4197 2.03 TEMPORARY WATER D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed. E. Provide connections to existing facilities, extend and supplement with temporary units as required to comply with requirements. Pay all costs of installation, maintenance, operation and removal. Owner will pay costs of fuel used from the existing system. 2.06 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone service company, provide direct line telephone service at the construction site for the use of personnel and employees. Service required: 1. One direct line instrument in Contractor's Field Office for Dade County. Y 2. One direct line instrument in Field Office of Engineer with local access from Dade County. 3. One direct line facsimile (FAX) machine in Contractor's Field Office. 06/07 01510 -2 03 -4197 A. Arrange with the Owner to provide water for construction purposes. B. Install branch piping with taps located so that water is available throughout the construction by the use of hoses. C. Install at each and every connection to the Owner water supply a backflow preventor meeting the requirements of ANSI A40.6, latest revision. Contractor shall be required to meter all water used. 2.04 TEMPORARY SANITARY FACILITIES A. Provide sanitary facilities in compliance with laws and regulations. B. Service, clean and maintain facilities and enclosures. 2.05 TEMPORARY HEAT AND VENTILATION A. Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum conditions for the installation of materials, and to protect materials and finishes from damage due to temperature or humidity. B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases. C. Portable heaters shall be standard approved units complete with controls. D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed. E. Provide connections to existing facilities, extend and supplement with temporary units as required to comply with requirements. Pay all costs of installation, maintenance, operation and removal. Owner will pay costs of fuel used from the existing system. 2.06 TEMPORARY TELEPHONE SERVICE A. Arrange with local telephone service company, provide direct line telephone service at the construction site for the use of personnel and employees. Service required: 1. One direct line instrument in Contractor's Field Office for Dade County. Y 2. One direct line instrument in Field Office of Engineer with local access from Dade County. 3. One direct line facsimile (FAX) machine in Contractor's Field Office. 06/07 01510 -2 03 -4197 z r z =� 4. Other instruments at the option of the Contractor, or as required by regulations. B. Pay all costs for installation, maintenance and removal, and service charges for local calls. Toll charges shall be paid by the party who places the call. PART 3 - EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified in Division 15 - Mechanical and in Division 16 - Electrical. B. Maintain and operate systems to assure continuous service. C. Modify and extend systems as work progress requires. 3.02 REMOVAL 06/07 A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore permanent facilities used for temporary services to specified condition END OF SECTION 01510 -3 03 -4197 SECTION 01532 TREE AND PLANT PROTECTION 0 PART 1 - GENERAL 1.01 SCOPE OF WORK A. Provide all equipment and materials, and do all work necessary to protect existing trees and plants from damage as a result of the contractor's operations. 1.02 RELATED WORK A. Section 02210 - Fine Grading B. Section 02481 - Shrub and Tree Relocation C. Section 02490 - Trees, Plants and Groundcover 1.03 REFERENCED STANDARDS A. Comply with applicable requirements of the following standards. Where these standards conflict with other specified requirements, the most restrictive requirements shall govern. 1. International Society of Arboriculture (ISA): Guide for establishing values of trees and other plants. 1.04 SUBMITTALS A. Proposed methods, materials to be employed, and schedule for effecting tree and plant protection shall be submitted for approval. 1.05 DAMAGE PENALTIES A. Certain specimen trees adjacent to construction areas and in other key locations will be identified by the Owner and the Landscape Architect, and marked with red tags. Loss or damage to these trees will result in replacement with equal canopy. B. If any trees or shrubs are damaged that are designated to be saved then replacement is required. They shall be replaced with equal number and diameter of trees or shrubs of the same species and variety, as specified by the Owner and Architect, shall be furnished and planted by the Contractor, no additional cost to owner. The total inch diameter of the replacement trees or shrubs shall equal the diameter of the tree of shrub to be replaced. The Contractor shall not be liable for any loss or damage which occurs while the Contractor is complying with instructions given by the Owner, Landscape Architect, or Arborist working In on the project. N", 1 06/07 01532 -1 03 -4197 I f ki S, Fli`� .4 1.06 VEGETATION PROTECTIVE SIGNAGE (PRESERVATION AREAS) A. Two types of signs shall be posted throughout the property with respect to the care of vegetation. The signs are as follows: 1. A sign at all access points to the construction areas, informing all personnel that they are, entering "Protection Area ". PART 2 - PRODUCTS 2.01 TREE PROTECTION FENCING A. Tree protection fencing shall be: 1. Mesh fence 6 ft. high minimum, with 4 "x4 "x6' pressure treated wood posts. B. Posts shall be spaced 1 Oft. on center maximum. C. Fencing other than that specified above shall be subject to the approval of the Architect. PART 3 - EXECUTION 3.01 INSTALLATION OF FENCING A. Prior to start of demolition work and clearing and grubbing operations, tree protection fencing shall be installed in accordance with the following: 1. Fencing shall be installed at the tree protection areas as directed by the Landscape Architect. 2. Fencing shall be located along the cut and fill lines staked by the project surveyor and approved by the Architect and Owner. 3.02 ROOT PRUNING A. Where construction will be in close proximity to existing trees designated to remain, roots shall be pruned. Proximity shall be as determined in the field by the Architect. Root pruning shall be performed as specified in Section 02490 TREES, PLANTS AND GROUND COVERS. 3.03 CLEARING WITHIN PROTECTION AREAS A. Selective clearing within tree protection areas shall only be performed when and as directed by the Architect. 3.04 REMOVAL OF PROTECTION A. Except as otherwise indicated or requested by Architect, temporary protection devices and facilities installed during course of the work shall be removed only after all work which may injure or damage trees and plants is completed. 06/07 END OF SECTION 01532 -2 03 -4197 IN 06/07 01540 -1 03 -4197 SECTION 01540 SECURITY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Security Program B. Entry Control C. Personnel Identification D. Miscellaneous Restrictions 1.02 RELATED SECTIONS A. Section 01010 - Summary of Work B. Section 01510 -Temporary Utilities 1.03 SECURITY PROGRAM A. Protect Work, existing premises and Owner's operations from theft, vandalism and unauthorized entry. B. Initiate program in coordination with Owner's existing security system at job mobilization. C. Maintain program throughout construction period until Owner occupancy as directed by Engineer. 1.04 ENTRY CONTROL A. Restrict entrance of persons and vehicles into project site and existing facilities. B. Allow entrance only to authorized persons with proper identification. C. Maintain log of workmen and visitors, make available to Owner on request. D. Coordinate access of Owner's personnel to site in coordination with Owner's security forces. 06/07 01540 -1 03 -4197 1"t-1111 a# 1.05 PERSONNEL IDENTIFICATION A. Become familiar with Owner and Engineer representatives. B. Restrict access to job site to these representatives. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) 06/07 END OF SECTION 01540 -2 03 -4197 F', N u SECTION 01550 SITE ACCESS AND STORAGE PART 1 - GENERAL 1.01 HIGHWAY LIMITATIONS A. The Contractor shall make his own investigation of the condition of available public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress to the site of the work. 1.02 CONTRACTOR'S WORK AND STORAGE AREA A. The Contractor shall make his own .arrangements for any necessary off -site storage or shop areas necessary for the proper execution of the work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 06/07 01550 -1 03 -4197 SECTION 01570 TRAFFIC REGULATION PART 1 - GENERAL 1.01 DESCRIPTION: The Work to be performed under this section shall include furnishing all materials and labor necessary to regulate vehicular and pedestrian traffic. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards. A. Local, county and municipal codes. B. Florida Department of Transportation Specifications (DOT) PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS: A. Emergency Vehicles: No multi - family residence, apartment, commercial building or place of employment shall be without access to emergency vehicles for a period longer than three hours. The Contractor shall notify in writing the Engineer, the police, fire and other emergency departments and agencies when and where work is to be accomplished that will affect their operations at least two days in advance of such work. B. Major Road and Streets: No major roads or streets shall be blocked to traffic without adequate detour facilities for a period of more than 30 minutes or as directed by the governing authority. C. Commercial Properties: Access to commercial property shall not be blocked for a period of more than 30 minutes during the time such properties are open for business. D. Residential Property: Access to residential property shall not be blocked for a period of more than 24 hours. 3.02 CONSTRUCTION IN STATE HIGHWAY RIGHT -OF -WAY: Construction within all State highway right -of -way shall be made in full compliance with all requirements and to the satisfaction of the Florida Department of Transportation. All necessary barricades, detours, lights and other protective measures shall be provided for the protection of both pedestrian and vehicular traffic. 3.03 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT -OF -WAY: Construction within right -of -way other than State highway shall be made in full compliance with all requirements of the Florida Department of Transportation and to the satisfaction of the local governing bodies. All necessary barricades, detours, lights and other protective measures shall be provided for the protection of both pedestrian and vehicular traffic. END OF SECTION 06/07 01570 -1 03 -4197 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDE A. Material and equipment incorporated into the Work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type and quantity specified, or as specifically approved in writing by the Engineer. 3. Manufactured and Fabricated Products: a. Design, fabricate and assemble in accord with the best engineering and shop practices. b. Manufacture like part of duplicate units to standard sizes and gauges, to be interchangeable. C. Two or more items of the same kind shall be identical, by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or is specified. 1.02 RELATED REQUIREMENTS A. Section 01010: Summary of Work B. Section 01030: Special Project Procedures C. Section 01340: Shop Drawings, Working Drawings and Samples D. Section 01720: Project Record Documents 1.03 APPROVAL OF MATERIALS A. Only new materials and equipment shall be incorporated in the work. All materials and equipment furnished by the Contractor shall be subject to the inspection and approval of the Engineer. No material shall be delivered to the work without prior approval of the Engineer. B. Within 30 days after the effective date of the Agreement, the Contractor shall submit to the Engineer, data relating to materials and equipment he proposes to furnish for the work. Such data shall be in sufficient detail to enable the Engineer 06/07 01600 -1 03 -4197 to identify the particular product and to form an opinion as to its conformity to the specifications. The data shall comply with Paragraph 1.07 of this Section. C. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by the Contractor. If the Engineer requires, either prior to beginning or during progress of the work, the Contractor shall submit samples of materials for such special tests as may be necessary to demonstrate that they conform to the specifications. Such samples shall be furnished, stored, packed, and shipped as directed at the Contractor's expense. D. The Contractor shall submit data and samples sufficiently early to permit consideration and approval before materials are necessary for incorporation in the work. Any delay of approval resulting from the Contractor's failure to submit samples or data promptly shall not be used as a basis of claim against the Owner or the Engineer. E. In order to demonstrate the proficiency of workmen or to facilitate the choice among several textures, types, finishes, and surfaces, the Contractor shall provide such samples of workmanship or finish as may be required. F. The materials and equipment used on the work shall correspond to the approved samples or other data. 1.04 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION A. When Contract Documents require that installation of work shall comply with manufacturer's printed instruction, obtain and distribute copies of such instructions to parties involved in the installation, including copies to the Engineer. 1. Maintain one set of complete instructions at the job site during installation and until completion. B. Handle, install, connect, clean, condition and adjust products in strict accord with such instructions and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instructions, consult with Engineer for further instructions. 2. Do not proceed with work without clear instructions. C. Perform work in accord with manufacturer's instructions. Do not omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents. 1.05 TRANSPORTATION AND HANDLING A. Arrange deliveries of Products in accord with construction schedules, coordinate to avoid conflict with work and conditions at the site. 1. Deliver Products in undamaged condition, in manufacturer's original containers or packaging, with identifying labels intact and legible. 06/07 01600 -2 03 -4197 N J l J 4 2. Immediately on delivery, inspect shipments to assure compliance with requirements of Contract Documents and approved submittals, and that Products are properly protected and undamaged. B. Provide equipment and personnel to handle Products by methods to prevent soiling or damage to Products or packaging. 1.06 STORAGE AND PROTECTION A. The Contractor shall furnish a covered, weather protected storage structure providing a clean, dry, non - corrosive environment for all mechanical equipment, valves, electrical and instrumentation equipment, and special equipment to be incorporated into this project. Storage of equipment shall be performed to allow easy access and be in strict accordance with the "instructions for storage" of each equipment supplier and manufacturer including weather /humidity protection, connection of heaters, placing of storage lubricants in equipment, blocking, or skid storage, etc. Corroded, damaged or deteriorated equipment and parts shall be replaced before acceptance of the project. Equipment and materials not properly stored will not be included in a payment estimate. B. Store Products in accordance with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weather -tight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 3. Store fabricated products above the ground on blocking or skids, prevent soiling or staining. Cover products which are subject to deterioration with impervious sheet coverings, provide adequate ventilation to avoid condensation. 4. Store loose granular materials in a well drained area on solid surfaces to prevent mixing with foreign matter. 5. All unlabeled or improperly labeled materials shall be removed from the project site. C. All materials and equipment to be incorporated in the work shall be handled and stored by the Contractor before, during, and after shipment in a manner to prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any kind whatsoever to the material or equipment. D. Cement, sand and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times. All structural and miscellaneous steel, and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and to minimize rusting. Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, chipping, cracking, and spalling to a minimum. 06/07 01600 -3 03 -4197 Wi I E. Moving parts shall be rotated a minimum of once weekly to insure proper lubrications and to avoid metal -to -metal "welding ". Upon installation of the equipment, the Contractor shall start the equipment, at least half load, once ! weekly for an adequate period of time to insure that the equipment does not deteriorate from lack of use. F. All materials which, in the opinion of the Engineer, have become so damaged as to be unfit for the use intended or specified shall be promptly removed from the site of the work, and the Contractor shall receive no compensation for the damaged material or its removal. G. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored Products to assure that Products are maintained under specific conditions, and free from damage or deterioration. H. Protection After Installation: 1. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove covering when no longer needed. I. The Contractor shall be responsible for all materials, equipment, and supplies sold and delivered to the Owner under this Contract until final inspection of the work and acceptance thereof by the Owner. In the event any such material, equipment, and supplies are lost, stolen, damaged, or destroyed prior to final inspection and acceptance, the Contractor shall replace same without additional cost to the Owner. Should the Contractor fail to take proper action on storage and handling of equipment supplied under this Contract within seven days after written notice to do so has been given, the Owner retains the right to correct all deficiencies noted in previously transmitted written notice and debit the cost associated with these corrections from the Contractor's Contract. These costs may be comprised of expenditures for labor, equipment usage, administrative, clerical, engineering and any other costs associated with making the necessary corrections. 1.07 SUBSTITUTIONS AND PRODUCT OPTIONS A. Products List: 1. Within 30 days after the effective date of the Agreement, submit to the Engineer a complete list of major products proposed to be used, with the name of the manufacturer and the installing subcontractor. B. Contractor's Options: For Products specified only by reference standard, select any product meeting that standard. 06/07 01600 -4 03 -4197 4? 2. For Products specified by naming several products or manufacturers, select any one of the products or manufacturers named, which complies with the specifications. 3. For products specified by naming one or more Products or manufacturers and "or equal ", Contractor must submit a request as for substitutions for any Product or manufacturer. not specifically named. C. Substitutions: 1. For a period of 30 days after the effective date of the Agreement, the Engineer will consider written requests from Contractor for substitution of Products. 4. No substitutions will be considered by the Engineer after 30 days from the Contract Date. D. Contractor's Representation: 1. A request for a substitution constitutes a representation that Contractor: a. Has investigated the proposed Product and determined that it is equal to or superior in all respects to that specified b. Will provide the same warranties or bonds for the substitution as for the Product specified C. Will coordinate the installation of an accepted substitution into the Work, and make such other changes as may be required to make the Work complete in all respects d. Waives all claims for additional costs, under his responsibility, which may subsequently become apparent. E. The Engineer will review requests for substitutions with reasonable promptness, and notify Contractor, in writing, of the decision to accept or reject the requested substitution. 06/07 01600 -5 03 -4197 2. Submit a separate request for each Product, supported with complete data, with drawings and samples as appropriate, including: a. Comparison of the qualities of the proposed substitution with that specified b. Changes required in other elements of the work because of the substitution C. Effect on the construction schedule d. Cost data comparing the proposed substitution with the Product specified e. Any required license fees or royalties f. Availability of maintenance service, and source of replacement materials 3. The Engineer shall be the judge of the acceptability of the proposed substitution. 4. No substitutions will be considered by the Engineer after 30 days from the Contract Date. D. Contractor's Representation: 1. A request for a substitution constitutes a representation that Contractor: a. Has investigated the proposed Product and determined that it is equal to or superior in all respects to that specified b. Will provide the same warranties or bonds for the substitution as for the Product specified C. Will coordinate the installation of an accepted substitution into the Work, and make such other changes as may be required to make the Work complete in all respects d. Waives all claims for additional costs, under his responsibility, which may subsequently become apparent. E. The Engineer will review requests for substitutions with reasonable promptness, and notify Contractor, in writing, of the decision to accept or reject the requested substitution. 06/07 01600 -5 03 -4197 I 1.08 SPECIAL TOOLS A. Manufacturers of equipment and machinery shall furnish any special tools (including grease guns or other lubricating devices) required for normal adjustment, operations and maintenance, together with instructions for their use. The Contractor shall preserve and deliver to the Owner these tools and instructions in good order no later than upon completion of the Contract. 1.09 WARRANTY A. For all major pieces of equipment, submit a warranty from the equipment manufacturer. 1.10 SPARE PARTS A. Spare parts for certain equipment provided under Division 11 through 16 have been specified in the pertinent sections of the Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Engineer. In addition, the Contractor shall furnish to the Engineer an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivered cost. 1.11 GREASE, OIL AND FUEL A. All grease, oil and fuel required for testing of equipment shall be furnished with the respective equipment. The Owner shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended b the manufacturer with each item of the equipment supplied under Division 11 through 16. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break -in of the equipment, which in no event shall be any longer than three weeks of operation. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 06/07 01600 -6 03 -4197 hl", Fill q, N h SECTION 01701 PROJECT CLOSEOUT PART 1 - GENERAL 1.01 RELATED REQUIREMENTS A. General provisions of Contract, including General and Supplementary Conditions. B. Warranty and bond submittal. C. Closeout submittals, warranties and bonds required for specific products of work. 1.02 SECTION INCLUDES A. Administrative and procedural requirements for project closeout. 1. Inspection procedures. 2. Project; record document submittal. 3. Final cleaning. 1.03 SUBSTANTIAL COMPLETION A. Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Advise Owner of pending insurance change -over requirements. 3. Submit specific warranties, workmanship bonds, . maintenance agreements, final certifications and similar documents. 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 5. Submit record drawings, maintenance manuals, and similar final record information. 6. Complete start-up testing of systems, and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock -ups, and similar elements. B. When the Contractor considers the Work to be substantially complete, he shall submit a written notice to the Engineer that the Work, or designated portion of the Work, is complete and ready for inspection. C. Within a reasonable time of receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfulfilled requirements. When the Engineer and Owner concur that the Work, or designated portion of the Work, is substantially complete, the Engineer will prepare the Certificate of Substantial Completion following inspection. 01701 -1 03 -4197 w. Ell!" E-11, �L{ V? K V h F��' D. Should the Engineer determine that the Work is not substantially complete, he will advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work has been substantially completed. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.04 FINAL COMPLETION A. When Contractor considers the Work to be complete, he shall submit written certification to the Engineer that the Work is completed and ready for final inspection. Include the following: 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, the list has been endorsed and dated by the Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion, or when the Owner took possession of and responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. The Engineer will inspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Engineer. 1. Upon completion of inspection, the Engineer will prepare a certificate of final acceptance, or advise the Contractor of Work that is incomplete, or of obligations that have not been fulfilled but are required, for final acceptance. 2. If necessary, reinspection process will be repeated. 1.05 RECORD DOCUMENT SUBMITTALS A. Maintain at the site one complete set of record documents; protect from deterioration and loss in a secure, fire - resistive location. 1. Provide access to record documents for the Engineer's reference during normal working hours. 2. Label each document "PROJECT RECORD" in 2 inch high printed letters. 3. Do not use for construction purposes. B. Record Drawings: Maintain a clean, undamaged set of blue or black line white - prints of Contract Drawings and Shop Drawings. Mark the set to show the 06/07 01701 -2 03 -4197 u << actual installation where the installation varies substantially from the Work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately; where Shop Drawings are used, record a cross - reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. 2. Mark new information that was not shown on Contract Drawings or Shop Drawings. 3. Note related Change Order numbers where applicable. 4. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set. The record drawings shall correctly and accurately show all changes from the Contract Documents made during construction and shall reflect surveyed information which shall be verified and certified by an independent Professional Land Surveyor registered in the State of Florida. The drawings shall be neat and legible. Show all elevations and horizontal control of all pipes and structures, as defined below: a. Record Drawings Submittal Requirements: Record drawings to be submitted shall consist of: 1) Three sets of signed and sealed sets of prints. C. Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. 1. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. D. Record Product Data: Maintain one copy of each Product Data submittal. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in- products delivered to the site, and from the manufacturer's installation instructions and recommendations. 2. Give particular attention to concealed products and portions of the Work which cannot otherwise be readily discerned later by direct observation. 3. Note related Change Orders and mark -up of record drawings and Specifications. E. Record Sample Submitted: Immediately prior to the date or dates of Substantial Completion, the Contractor will meet at the site with the Engineer and the Owner to determine which of the submitted Samples that have been maintained during progress of the Work are to be transmitted to the Owner for record purposes. Comply with delivery to the Owner's Sample storage area. 06/07 01701 -3 03 -4197 F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record - keeping and submittals in connection with actual performance of the Work. G. At Contract close -out, deliver one copy of Record Documents to Engineer for Owner. Accompany submittal with transmittal letter in duplicate containing the following information: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each Record Document. 5. Signature of Contractor or his authorized representative. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 FINAL CLEANING A. Remove temporary protection and facilities installed for protection of the Work during construction. B. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. C. Where extra materials of value remaining after completion of associated Work have become the Owner's property, arrange for disposition of these materials as directed. END OF SECTION 06/07 01701 -4 03 -4197 SECTION 01710 CLEANING PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Execute cleaning, during progress of the Work, and at completion of the Work, as required by General Conditions. 1.02 RELATED REQUIREMENTS A. Conditions of the Contract. B. Each Specification Section: Cleaning for specific Products or work. 1.03 DISPOSAL REQUIREMENTS A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti - pollution laws. PART 2- PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 - EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the Work, the site and adjacent properties, free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations. B. Provide on -site containers for the collection of waste materials, debris and rubbish. C. Remove waste materials, debris and rubbish from the site periodically and dispose of at legal disposal areas away from the site. END OF SECTION 06/07 01710 -1 03 -4197 DOCUMENT 01720 PROJECT RECORD DOCUMENTS N 1 06/07 01720 -1 03 -4197 PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site for the Owner one record copy of: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders Modifications to the Contract and other 5. Engineer's Field Orders or Written Instructions 6. Approved Shop Drawings, Working Drawings, and Samples 7. Field Test Reports 8. Construction Photographs 1.02 RELATED REQUIREMENTS A. Section 01340: Shop Drawings, Working Drawings, and Samples B. Section 01050: Field Engineering C. Section 01701: Project Closeout 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with CSI format number system. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer. E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated "record documents" for review by the Engineer and the Owner. N 1 06/07 01720 -1 03 -4197 v A 1 1 1 1 1 1 1 1 1 1.04 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. C. Drawings; Legibly mark record actual construction: 1. Depths of various elements of foundation in relation to finish grade elevations. 2. All underground piping with elevations and di.mensions,. Changes to piping location. 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. 4. Field changes of dimensions and details. 5. Changes made by Field Order or by Change Order. 6. Details not on original contract drawings. 7. Equipment and piping relocations. 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 field order or by Change Order. E. Shop Drawings (after final review and approval): 1. One set of record shop drawings for each process equipment, piping, (including casings) electrical system and instrumentation system. 1.05 SUBMITTAL A. At Close -out, deliver Record Documents to the Engineer for the Owner. 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 06/07 01720 -2 03 -4197 e t L I iF- I.. E t t •5. Signature of Contractor or his Authorized Representative C. Submittal of Record Drawings shall be in accordance with Section 01050, 1.06. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) 06/07 END OF SECTION 01720 -3 03 -4197 a t E s v 1 1 1 0 SECTION 01730 OPERATING AND MAINTENANCE DATA PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile product data and related information appropriate for Owner's maintenance and operation of products furnished under Contract. 1. Prepare operating and maintenance data as specified in this Section and as referenced in other pertinent sections of Specifications. B. Instruct Owner's personnel in maintenance of products and in operation of equipment and systems. 1.02 RELATED REQUIREMENTS A. Section 01030: Special Project Procedures B. Section 01340: Shop Drawings, Working Drawings and Samples C. Section 01700: Contract Closeout D. Section 01720: Project Record Documents E. Section 01740: Warranties & Bonds 1.03 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of described products. 2. Familiar with requirements of this Section. 3. Skilled as technical writers to the extent required to communicate essential data. 4. Skilled as draftsman competent to prepare required drawings. 1.04 FORM OF SUBMITTALS A. Prepare data in form of an instructional manual for use by Owner's personnel. B. Format: 06/07 01730 -1 03 -4197 t L t 1 1 1 A 1. Size: 8 1/2 inches x 11 inches 2. Paper: 20 pound minimum, white, for typed pages. 3. Text: Manufacturer's printed data, or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Reduce larger drawings and fold to size of text pages, but not larger than 11 inches x 17 inches. 5. Provide fly -leaf for each separate product, or each piece of operating equipment. a. Provide type description of product, and major component parts of equipment. b. Provide indexed tabs. 6. Cover: Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS ". List: a. Title of Project b. Identity of separate structure as applicable. C. Identity of general subject matter covered in this manual. C. Binders: 1. Commercial quality three -post binders with durable and cleanable plastic covers. 2. Maximum post width: 2 inches 3. When multiple binders are used, correlate the data into related consistent groupings. 1.05 CONTENT OF MANUAL A. Neatly typewritten table of contents for each volume, arranged in systematic order. 1. Contractor name of responsible rinci al addre s t I h p p s d 06/07 an a ep one number. 2. A list of each product required to be included, indexed to content of the volume. 3. List, with each product, name, address and telephone number of: a. Subcontractor of installer b. Maintenance contractor, as appropriate 01730 -2 03 -4197 a t a a s e t t t 111H C. Identify area of responsibility of each d. Local source of supply for parts and replacement. 4. Identify each product name and other identifying symbols as set forth in Contract Documents. B. Product Data: 1. Include only those sheets which are pertinent to the specific product. 2. Annotate each sheet to: a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. C. Delete references to inapplicable information. C. Drawings: 1. Supplement product date with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. 3. Do not use Project Record Documents as maintenance drawing. D. Written text, as required to supplement product date for the particular installation: 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instructions of each procedure. E. Copy of each warranty, bond and service contract issued: 1. Provide information sheet for Owner's personnel, give: a. Proper procedures in event of failure. b. Instances which might affect validity of warranties or bonds. 1.06 MANUAL FOR MATERIALS AND FINISHES A. Submit five copies of complete manual in final form. B. Content; for architectural products, applied materials and finishes: 1. Manufacturer's data, giving full information on products. 06/07 01730 -3 03 -4197 a. Catalog number, size, composition. b. Color and texture designations. C. Information required for re- ordering special- manufactured products. 2. Instructions for care and maintenance. a. Manufacturer's recommendation for types of cleaning agents and methods. b. Cautions against cleaning agents and methods which are detrimental to product. C. Recommended schedule for cleaning and maintenance. C. Content, for moisture - protection and weather - exposed products: 1. Manufacturer's data, giving full information on products: a. Applicable standards. b. Chemical composition. C. Details of installation. 2. Instructions for inspection, maintenance and repair. D. Additional requirements for maintenance data: Respective sections of Specifications. E. Provide complete information for products specified. 1.07 MANUAL FOR EQUIPMENT AND SYSTEMS A. Submit five copies of complete manual in final form. B. Content, for each unit of equipment and system, as appropriate: 1. Description of unit and component parts. a. Function, normal operating characteristics and limiting conditions b. Performance curves, engineering data and tests C. Complete nomenclature and commercial number of replaceable parts 06/07 I 2. Operating procedures: a. Startup, break -in, routine and normal operating instructions b. Regulation, control, stopping, shutdown and emergency instructions C. Summer and winter operating instructions d. Special operating instructions 01730 -4 IkE, ILOj E� 06/07 C 3. Maintenance Procedures: a. Routine operations b. Guide to "trouble- shooting" C. Disassembly, repair and reassembly d. Alignment, adjusting and checking 4. Servicing and lubrication schedule a. List of lubricants required 5. Manufacturer's printed operating and maintenance instructions 6. Description of sequence of operation by control manufacturer 7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required for maintenance a. Predicted list of parts subject to wear b. Items recommended to be stocked as spare parts 8. As- installed control diagrams by controls manufacturer 9. Each contractor's coordination drawings a. As- installed color coded piping diagrams 10. Charts of valve tag numbers, with location and function of each valve 11. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage 12. Other data as required under pertinent sections of specifications Contents, for each electric and electronic system, as appropriate: 1. Description of system and component parts a. Function, normal operating characteristics, and limiting conditions b. Performance curves, engineering data and tests C. Complete nomenclature and commercial number of replaceable parts 2. Circuit directories of panel- boards a. Electrical service b. Controls 3. As- installed color -coded wiring diagrams 4. Operating procedures: 01730 -5 03 -4197 151, R 111" ilk N r; NM IP FITI`�) a. Routine and normal operating instructions b. Sequences required C. Special operating instructions 5. Maintenance procedures: a. Routine operations b. Guide to "trouble- shooting" C. Disassembly, repair and reassembly d. Adjustment and checking 6. Manufacturer's printed operating and maintenance instructions 7. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage. 8. Other data as required under pertinent sections of specifications D. Prepare and include additional data when the need for such data becomes apparent during instruction of Owner's personnel. E. Additional requirements for operating and maintenance data: ' Respective sections of Specifications. F. Provide complete information for product specified. 1.08 SUBMITTAL SCHEDULE A. Submit two copies of preliminary draft of proposed formats and outlines of contents of Operation and Maintenance Manuals within 30 days after Notice to Proceed. 1. The Engineer will review the preliminary draft and return one copy with comments. B. Submit two copies of completed data in final form no later than 30 days following the Engineer's review of the last shop drawing and submittal specified under Section 01340. 1. One copy will be returned with comments to be incorporated into final copies. C. Submit specified number of copies of approved data in final form directly to the offices of the Engineer, Calvin, Giordano within 30 calendar days of product shipment to the project site and preferably within 30 days after the reviewed copy is received. D. Submit six copies of addendum to the operation and maintenance manuals as applicable and certificates as specified in paragraph 1.01B of Section 01030 06/07 01730 -6 03 -4197 N111 within 30 days after final inspection and plant start-up test. E. Final Operation and Maintenance submittals shall be in large three ring binders organized by specification Section and plainly marked per paragraph 1.04(C). 1.09 INSTRUCTION OF OWNER'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Operating and maintenance manual shall constitute the basis of instruction. 1. Review contents of manual with personnel in full detail to explain all aspects of operations and maintenance. 1.10 ENGINEER'S O & M CHECKLIST A. The Engineer will review Operation and Maintenance Manuals submittals on operating equipment for conformance with the requirements of this Section. The review will generally be based upon the checklist presented on the following pages (Table 01730) for the benefit of the Contractor and his suppliers. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) 06/07 01730 -7 03 -4197 n TABLE 01730 O & M REVIEW CHECKLIST EQUIPMENT SUBMITTED DATE OF SUBMITTAL MANUFACTURER DEGREE OF APPROVAL SPECIFICATION SECTION DRAWING NUMBER Is submittal correct for model /series /configuration originally submitted with shop drawings? Is binding correct with assigned color /printing etc.? (Pertains to final three volumes) Is submittal properly indexed? Does submittal pertain only to equipment being furnished? Is submittal easily understood and instructively arranged? Does submittal include start -up, shutdown and trouble- shooting procedures? Are sufficient drawings and schematics included to supplement written descriptions? Is listing of name plate data for each piece of equipment supplied provided and attached? Are all drawings provided printed on paper which is 11 inches high and folded to 8 1/2 inches wide? Is proper and complete instruction for servicing included? Is there a suggested operating log sheet for equipment? Is schedule for lubrication provided? Is there a recommended preventative maintenance schedule? Are necessary safety precautions clearly indicated where they relate to the equipment? Is area representative information provided, i.e., Name, Address, Telephone Number? Are specified spare parts indicated and listed? in The following are points of rejection necessitating resubmittal by Contractor: END OF SECTION UIT"M 1 06/07 01730 -8 03 -4197 ,t rf�"' n r F- e SECTION 01740 WARRANTIES AND BONDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds, as in Articles 3 and 11 of the General Conditions and Section 01030 of these Specifications. B. Co- execute submittals when so specified. C. Review submittals to verify compliance with Contract Documents. D. Submit to the Engineer for review and transmittal to Owner. 1.02 RELATED REQUIREMENTS A. Instructions to Bidders: Bid or Proposal Bonds B. Conditions of the Contract: Performance Bond and Payment Bond C. Section 01030: Special Project Procedures D. Section 01701: Contract Closeout 1.03 SUBMITTAL REQUIREMENTS A. Assemble warranties, bond, service and maintenance contracts, executed by each of the respective manufacturers, suppliers, and subcontractors. B. Number of original signed copies required: two each. 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 06/07 01740 -1 03 -4197 6. Provide information for Owner'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 1.04 FORM OF SUBMITTALS A. Prepare in duplicate packets B. Format: 1. , Size 8 1/2 inches 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, three -post binder, with durable and cleanable plastic covers and maximum post width of 2 inches. 1.05 WARRANTY SUBMITTAL REQUIREMENTS A. For all major pieces of equipment, submit a one -year warranty from the equipment manufacturer. The manufacturer's warranty period shall be concurrent with the Contractor's for one (1) year commencing at the time of acceptance by the Owner (see Section 01030). B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major equipment specified under division 7, 11, 13, 14, 15 and 16 and which has a 1 HP motor or which lists for more than $1,000. The Engineer reserves the right to request warranties for equipment not classified as major. The Contractor shall still warrant equipment not considered to be "major" in the Contractor's one -year warranty period even though certificates of warranty may not be required. C. In the event that the equipment manufacturer or supplier is unwilling to provide a one -year warranty commencing at the time of Owner acceptance, the Contractor shall obtain from the manufacturer a two (2) year warranty commencing at the time of equipment delivery to the job site. This two -year warranty from the manufacturer shall not relieve the Contractor of the one -year warranty starting at the time of Owner acceptance of the equipment. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) , END OF SECTION 06/07 01740 -2 03 -4197 I u H!, I? II� f r SECTION 02100 SITE PREPARATION PART 1 - GENERAL 1.01 SCOPE OF WORK A. This Section covers clearing and grubbing of the construction site as specified herein. B. Clear and grub the area within the limits of construction as required. The ENGINEER shall establish the length and width of the area to be cleared and grubbed prior to the beginning of any work. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.01 CLEARING A. The surface of the ground for the area to be cleared and grubbed shall be completely cleared, as indicated on the plans, as well other objectionable obstructions resting on or protruding through the surface of the ground. However, those trees that are designated on the plans to remain shall be preserved as hereinafter specified. Clearing operations shall be conducted so as to prevent damage to existing structures and installations, and to those under construction, so as to provide for the safety of employees and others. Clearing for structures shall consist of topsoil, vegetation and lime sludge removal. 3.02 GRUBBING A. Grubbing shall consist of the complete removal of all stumps, roots larger than 1 1/2 inches in diameter, matted roots, brush, timber, logs and any other organic or metallic debris resting on, under or protruding through the surface of the ground to a depth of 18 inches below the subgrade. All depressions excavated below the original ground surface for or by the removal of such objects, shall be refilled with suitable materials and compacted to a density conforming to the surrounding ground surface. B. In areas so designated, top soil, not muck shall be stockpiled. Topsoil so stockpiled shall be protected until it is placed as specified. Any topsoil remaining after all work is in place shall be disposed of by the Contractor in the manner specified in Section 02221. 3.04 DISPOSAL OF CLEARED AND GRUBBED MATERIAL A. The Contractor shall dispose of all material and debris from the clearing and grubbing operation by shipping such material and debris and disposing such material to a suitable location as required by the Engineer or the governmental 06/07 02100 -1 03 -4197 �I n; 0 u 111 u agencies. Disposal by deep burial will not be permitted. The cost of disposal of material (including hauling) shall be considered a subsidiary obligation of the Contractor, the cost of which shall be included in the contract prices. 3.05 PRESERVATION OF TREES A. The Contractor shall erect such barricades, guards, and enclosures as may be considered necessary by him for the protection of all trees during all construction operations. Refer to Section 01532 -2 for specifications. B. Paint, oil solvents, asphalt, concrete, mortar, and other tree contaminants shall not be used or stored within the tree dripline. C. All tree trimming to facilitate construction shall be performed. to the National Arborist Association (NAA) standards by a certified tree company. D. Any tree that is destructively damaged, destroyed, or cut down as a result of this construction shall be replaced at an inch to inch diameter. The minimum tree replacement shall be a two -inch diameter and ten foot high Florida Grade #1 or better tree. The Department of Development Administration shall be consulted as to the type of tree. E. The Contractor shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, including those lying within street rights -of -way and project limits, and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the jurisdictional agency or City. The Contractor shall notify the jurisdictional agency and /or the City if any tree is damaged by the Contractor's operations. If, in the opinion of said agency or the City, the damage is such that replacement is necessary, the Contractor shall replace the tree at his own expense as directed by the City. END OF SECTION 06/07 02100 -2 03 -4197 11,11" SECTION 02200 EARTHWORK PART 1 - GENERAL 1.01 RELATED SECTIONS A. Section 01010: Summary of Work 1.02 SECTION INCLUDES A. Preparation of subgrade for building slabs, walks, and pavements. B. Excavation, fill, and backfill. 1.03 QUALITY ASSURANCE 2.01 SOIL MATERIALS A. Satisfactory Soil Materials: ASTM D2487 soil classification groups GW, GP, GM, SM, SW and SP. B. Unsatisfactory Soil Materials: ASTM D2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH and PT. 06/07 02200 -1 03 -4197 A. Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.04 PROJECT CONDITIONS A. Locate existing underground utilities in areas of work. Provide adequate means of support and protection during earthwork operations. B. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult utility owner immediately for directions. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. C. Do not interrupt existing utilities serving occupied facilities. D. Use of Explosives: If the use of explosives is necessary for the execution of the work the Contractor shall conduct his blasting operations in conformance with these specifications and all applicable state and local codes and regulations. E. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. PART 2- PRODUCTS 2.01 SOIL MATERIALS A. Satisfactory Soil Materials: ASTM D2487 soil classification groups GW, GP, GM, SM, SW and SP. B. Unsatisfactory Soil Materials: ASTM D2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH and PT. 06/07 02200 -1 03 -4197 ri r C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, natural or crushed sand. D. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed gravel, with 100 percent passing a 1 -1/2 in. sieve and not more than 5 percent passing a No. 4 sieve. E. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 in. in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. PART 3 - EXECUTION 3.01 EXCAVATION 06/07 A. Excavation is Unclassified, and includes excavation to subgrade elevations indicated, regardless of character of materials and obstructions encountered. B. Unauthorized Excavation: Removal of materials beyond indicated subgrade elevations or dimensions without specific direction. Unauthorized excavation, as well as remedial work directed by Engineer, shall be at Contractor's expense. C. Additional Excavation: 1. When unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by Engineer. 2. Removal of unsuitable material and its replacement as directed will be paid on basis of contract conditions relative to changes in work. D. Stability of Excavations: 1. Slope sides of excavations to comply with local codes and ordinances having jurisdiction. 2. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 3. Maintain sides and slopes of excavations in safe condition until completion of backfilling. E. Shoring and Bracing: 1. Establish requirements for trench shoring and bracing to comply with local codes and authorities having jurisdiction. 2. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. F. Dewatering: 1. Prevent surface water and subsurface or ground water from flowing into excavations. 2. Do not allow water to accumulate in excavations. 02200 -2 03 -4197 3. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. G. Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. H. Excavation for Trenches: Dig trenches to the uniform width required for particular item to be installed, sufficiently wide to provide ample working room. Provide minimum 6 in. clearance on each side of pipe or conduit. 1. Excavate trenches to depth indicated or required for indicated flow lines and invert elevations. a 2. Where rock is encountered, carry excavation 6 in. below scheduled elevation and backfill with a 6 in. layer of crushed stone or gravel prior to installation of pipe. 3. For pipes or conduit 5 in. or less, excavate to indicated depths. Hand excavate bottom cut to accurate elevations and support pipe or conduit on undisturbed soil. I` iv 4. For pipes or conduit 6 in. or larger, tanks and other work indicated to receive subbase, excavate to subbase depth indicated, or, if not otherwise indicated, to 6 in. below bottom of work to be supported. 5. Except as otherwise indicated, excavate for exterior water - bearing piping so top of piping is minimum 3' -6" below finished grade. 6. Grade bottoms of trenches as indicated, notching under pipe bells to provide solid bearing for entire body of pipe. I. Do not backfill trenches until tests and inspections have been made and backfilling authorized by Engineer. 3.02 COMPACTION A. Areas to be compacted shall be moistened and compacted by either rolling, tamping or any other approved method by the Engineer in order to obtain the desired density. The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. All backfill adjacent to structures and pipes, shall be compacted to a density of not less than 100 percent of the maximum density as determined by AASHTO T -99. Density tests are required, such tests shall be made as directed by the Engineer at the expense of the Contractor. The Contractor shall instruct the testing laboratory to forward copies of all test reports to the Engineer. B. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 06/07 02200 -3 03 -4197 Rill 1 3.03 BACKFILL AND FILL A. Place specified soil material in layers to required subgrade elevations: 1. In excavations, use satisfactory excavated or borrow material. 2. Under grassed areas, use satisfactory excavated or borrow material. 3. Under walks and pavements, use subbase material, or satisfactory excavated or borrow material, or combination of both. Place shoulders along edges of subbase course to prevent lateral movement with satisfactory excavated or borrow material. 4. Under steps, use subbase material. 5. Under building slabs, use drainage fill material. 6. Under piping and conduit, use subbase material where subbase is indicated under piping or conduit; shape to fit bottom 90 degrees of cylinder. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including waterproofing and perimeter insulation. 2. Inspection, testing, approval, and recording locations of underground utilities. 3. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. E 1 06/07 02200 -4 03 -4197 C. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break -up sloped surfaces steeper 'than 1 vertical to 4 horizontal so that fill material will bond with existing surface. D. When existing ground surface has a density less than that specified for particular area classification, break up ground surface, pulverize, moisture - condition to optimum moisture content, and compact to required depth and percentage of maximum density. E. Place backfill and fill materials in layers of 8 in. loose depth for material compacted by heavy compaction equipment, and 4 in. in loose depth for material compacted by hand operated tampers. F. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. G. Place backfill and fill materials evenly adjacent to structures, without wedging against structures or displacement of piping or conduit. Compaction equipment used within 10 ft. of buried walls and soil supported structures shall not exceed 2000 lbs. E 1 06/07 02200 -4 03 -4197 Ri 1 3.04 GRADING C Vi'l,"', H N §E E A. Grading Outside Building Lines: Grade areas adjacent to building lines to drain away from structures and to prevent ponding and as follows: 1. Finish to within not more than 0.10 ft. above or below required subgrade elevations. 2. Walks: Shape surface to line, grade and cross - section, with finish surface not more than 0.10 ft. above or below required subgrade elevation. 3. Pavements: Shape surface to line, grade and cross - section, with finish surface 1/2 in. above or below required subgrade elevation. B. Grading Surface of Fill under Building Slabs: Grade smooth and even, free of voids, compacted as specified, and to 1/2 in. below required elevation. 3.05 FIELD QUALITY CONTROL A. Contractor will engage soil testing and inspection service for quality control testing during earthwork operations. B. Allow testing service to inspect and approve subgrades and fill layers before further construction work is performed. C. If in opinion of Engineer, based on testing service reports and inspection, subgrade or fills which have been placed below specified density, provide additional compaction and testing at no additional expense to Owner. 3.06 CLEANING AND PROTECTION A. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. B. Repair and re- establish grades in settled, eroded, and rutted areas to specified tolerances. C. Remove excess excavated and waste materials, including unacceptable excavated material, trash and debris, and legally dispose of it off Owner's property. END OF SECTION 06/07 02200 -5 03 -4197 L Part 1 — General 1.01 Scope of Work SECTION 02210 FINE GRADING 06/07 02210 -1 03 -4197 A. Provide all labor, materials, necessary equipment or services to complete the Fine Grading work, as indicated on the drawings, as specified herein or both. 1.02 Related Work A. Section 02481 — Shrub and Tree Relocation B. Section 02484 — Soil Preparation and Soil Mixes C. D. Section 02487 — Sodding Section 02490 — Trees, Plants, and Groundcovers 1.03 Site Inspection A. The Contractor shall visit the site and acquaint himself with all existing conditions. The Contractor shall be responsible for his own subsurface investigations, as necessary, to satisfy requirements of this section. All subsurface investigations shall be performed only under time schedules and arrangements approved in advance by the Landscape Architect or Owner's Representative. 1.04 Existing Contours A. The existing grades shown on the drawings are approximate only (within +2 inches) and the contractor is responsible for grading to meet existing grades as required. B. The contours and grades established under contract will be the finished grades shown. The Contractor under this Contract shall perform the work for construction using the finished grades previously established and making whatever corrections and /or repairs to grades to make them consistent with the requirements of the drawings and specifications. C. Established finished grades shall be approved by the landscape Architect for all project areas prior to initiating landscape planting. 1.05 Utilities A. Locate all existing, active utility lines traversing the site and determine the requirements for their protection. Preserve in operating condition all active utilities adjacent to or traversing the site that are designated to remain. B. Observe rules and regulations governing respective utilities in working under requirements of this section. Adequately protect utilities from damage, remove or relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned utilities encountered in excavation. Record location of active utilities. 06/07 02210 -1 03 -4197 Part 2 — Materials 2.01 Top Soil A. In areas to receive turf, rough grade to allow for sod thickness in all areas to be sodded, verify that soil contains enough organic matter to support and encourage rooting of sod. Fill is to be fine, compacted satisfactory fill material with no rocks larger than 2- inches. B. Both surface and subsurface before and after fill operations shall be checked to confirm that percolation /compaction levels meet the needs of the proposed planting for that area. Part 3 — Execution 3.01 Excavation A. Excavate or fill where necessary to obtain subgrades, percolation and surface drainage as required. B. Materials to be excavated are unclassified. C. Remove entirely any existing obstructions after approval by the Landscape Architect's or Owner's Representative. D. Remove from site and dispose of debris and excavated material not required. 3.02 Grading A. The Contractor shall establish finished grades as shown on the Engineers grading plans and Landscape Architects Aesthetic Grading Plans, and as directed by Landscape Architect and /or Owner's Representative, including areas where the existing grade has been disturbed by other work. B. Finished grading shall be smooth, aesthetically pleasing, drain well and ready to receive sod and other plant material to full satisfaction of Landscape Architect and Owner's Representative. 3.03 Compaction A. Compact each layer of fill in designated areas with approved equipment to achieve a maximum density at optimum moisture, AASHTO T 180 — latest edition at time of bid. 1. Under landscape area, compaction shall not exceed 85% of maximum density. B. No backfill shall be placed against any masonry or other exposed building surface until permission has been given by the Owner's Representative, and in no case until the masonry has been in place seven days. C. Compaction in limited areas shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than four inches thick. The hand tampers used 06/07 02210 -2 03 -4197 a B 1 1 1 n u El Id shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent any wedging action against masonry, or other exposed building surfaces. 3.04 Correction of Grade A. Bring to required grade levels areas where settlement, erosion or other grade changes occur. Adjust grades as required to carry drainage away from buildings and to prevent ponding around the buildings and on pavements. B. Remove all rock or objectionable material larger than 2 inches any direction prior to commencing landscaping. C. Contractor shall be responsible for stabilizing grades by approved methods prior to landscaping, and shall be responsible for correction of grades as mentioned above, and cleanup of any wash outs or erosion. 06/07 END OF SECTION 02210 -3 03 -4197 u SECTION 02221 TRENCHING, BEDDING, AND BACKFILL FOR PIPE PART 1 - GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment, and incidentals necessary to perform all excavation, backfill, fill, grading and slope protection required to complete the piping work shown on the Drawings and specified herein. The work shall include, but not necessarily be limited to: catch basins, manholes, vaults, duct conduit, pipe, and roadways and paving; all bedding, backfilling, fill and required borrow; grading and disposal of surplus and unsuitable materials; and all related work such as sheeting, bracing and water handling. 1.02 RELATED WORK A. Section 02100: Site Preparation 1.03 QUALITY ASSURANCE A. Codes and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 1.04 JOB CONDITIONS A. The Contractor shall examine the site and review the available test borings or undertake his own soil borings prior to submitting his bid, taking into consideration all conditions that may affect his work. The Owner and Engineer will not assume responsibility for variations of sub -soil quality or conditions at locations other than places shown and at the time the investigation was made. Boring log data is included in this section. B. Existing Utilities: Locate existing underground utilities in the areas of work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. 1. Should uncharted, or incorrectly , piping i p 9 in or other utilities be encountered during excavation, consult the Engineer and the Owner of such piping or utility immediately for directions. 2. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. 3. Demolish and completely remove from site existing underground utilities indicated on the drawings to be removed. 1 06107 02221 -1 03 -4197 C. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. 1. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. 1.05 TRENCH PROTECTION A. The Contractor shall construct and maintain sheeting and bracing as required to support the sides of excavations, to prevent any movement which could in any way diminish the width of the excavation below that necessary for proper construction, and to protect adjacent structures, existing piping and foundation material from disturbance, undermining, or other damage. Care shall be taken to prevent voids outside of the sheeting, but if voids are formed they shall be immediately filled and compacted. B. For pipe trench sheeting, no sheeting is to be withdrawn if driven below mid - diameter of any pipe, and no wood sheeting shall be cut off at a level lower than 1 foot above the top of any pipe unless otherwise directed by the Engineer. If during the progress of the work the Engineer decides that additional wood sheeting should be left in place, he may direct the Contractor in writing. If steel sheeting is used for trench sheeting, removal shall be as specified above, unless written approval is given by the Engineer for an alternate method of removal. C. All sheeting and bracing, not left in place, shall be carefully removed in such a manner as not to endanger the construction or other structures, utilities, existing piping, or property. All voids left or caused by withdrawal of sheeting shall immediately be refilled with sand or ramming with tools especially adapted to that purpose, by watering or otherwise as may be directed. D. The right g t of the Engineer to order sheeting and bracing left in place shall not be construed as creating any obligation on his part to issue such orders, and his failure to exercise his right to do so shall not relieve the Contractor from liability for damages to persons or property occurring from or upon the work occasioned by negligence or otherwise, growing out of a failure on the part of the Contractor to leave in place sufficient sheeting and bracing to prevent any caving or moving of the ground. 1.06 DEWATERING, DRAINAGE AND FLOATATION A. The Contractor shall construct and place all drainage piping, structural fill and bedding rock, in- the -dry. In addition, the Contractor shall make the final 24 inches of excavation for this work in- the -dry and not until the water level is a minimum of twelve inches below proposed bottom of excavation. 06/07 02221 -2 03 -4197 r. E50111 B. The Contractor shall, at all times during construction, provide and maintain proper equipment and facilities to remove promptly and dispose of properly all water entering excavations and keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the fill and structure to be built thereon have been completed to such extent that they will not be floated or otherwise damaged by allowing water levels to return to natural elevations. C. Dewatering shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the subgrade soils at proposed bottom of excavation. D. Wellpoints may be required for predrainage of the soils prior to final excavation for some of the deeper in- ground structures, and for maintaining the lowered groundwater level until construction has been completed to such an extent that the structure or fill will not be floated or otherwise damaged. Wellpoints shall be surrounded by suitable filter sand and no fines shall be removed by pumping. Pumping from wellpoints shall be continuous and standby pumps shall be provided. E. The Contractor shall furnish all materials, permits and equipment and perform all work required to install and maintain the drainage systems he proposes for handling groundwater and surface water encountered during construction of structures and compacted fills. F. If requested by the Engineer, the Contractor's proposed method of dewatering shall include a groundwater observation well at each structure to be used to determine the water level during construction of the structure. Locations of the observation wells shall be at structures as approved by the Engineer prior to their installation. The observation wells shall be extended to 6 inches above finished grade, capped with screw -on caps protected by 24" x 24" wide concrete base, and left in place at the completion of this Project. G. Prior to excavation, the Contractor shall submit his proposed method of dewatering and maintaining dry conditions to the Engineer for approval. However, such approval shall not relieve the Contractor of the responsibility for the satisfactory performance of the system. The contractor shall be responsible for correcting any disturbance or natural bearing soils or damage to structures caused by an inadequate dewatering system or by interruption of the continuous operation of the system as specified. PART 2 - PRODUCTS 2.01 MATERIALS A. General: Materials for use as base, fill and backfill shall be as described below. a. Satisfactory soil materials are defined as those complying with ASTM D -2321 soil classification designation Class I, II, and III. 06/07 02221 -3 03 -4197 b. Unsatisfactory soil materials are those defined in ASTM D -2321 soil classification designation Class IV and V along with peat and other highly organic soils. 2. Materials shall be furnished as required from off site sources and hauled to the site. B. Foundation 1. A stable foundation must be provided to insure proper line and grade is maintained. Unsuitable foundations must be stabilized at the engineer's direction. Unsuitable or unstable foundations may be undercut and replaced with a suitable bedding material, placed in 6" lifts. Other methods of stabilization, such as geotextiles may be appropriate based on the engineer's judgment. C. Bedding: 1. Initial backfill materials are required to a minimum of the pipe diameter for proper structural performance of the pipe. The ASTM specifications extend the initial backfill from the springline to 6 " -12" above the pipe to provide protection for the pipe from construction operations during placement of the final backfill and protect the pipe form stones or cobbles in the final backfill. For proper structural performance of the pipe, the initial backfill need only extend to the pipe diameter. Class I, II, or III materials may be used as initial backfill however: a. Class I materials must be used in wet trenches if Class I bedding and haunching materials are used. b. Class II materials must be compacted in 6" lifts to 90% standard proctor density. C. Class III materials must be compacted in 6" lifts to 90% standard proctor density. 1 06/07 02221 -4 03 -4197 1. A stable and uniform bedding shall be provided for the pipe and any protruding features of its joints and /or fittings. The middle of the bedding equal to 1/3 of the O.D. should be loosely placed, with the remainder compacted to a minimum of 90% standard proctor density. Class I, II, and III materials are suitable for use as bedding. D. Haunching 1. Proper. haunching provides a major portion of the pipes strength and stability therefore care must be exercised in insure placement and compaction of the embedment material in the haunches. For larger diameter pipes ( >30 ") embedment materials should be worked under the haunches by hand. Haunching materials may be Class I, II, or III and must be placed and compacted in 8" lifts, maximum compacted to 90% standard proctor density. E. Initial Backfill: 1. Initial backfill materials are required to a minimum of the pipe diameter for proper structural performance of the pipe. The ASTM specifications extend the initial backfill from the springline to 6 " -12" above the pipe to provide protection for the pipe from construction operations during placement of the final backfill and protect the pipe form stones or cobbles in the final backfill. For proper structural performance of the pipe, the initial backfill need only extend to the pipe diameter. Class I, II, or III materials may be used as initial backfill however: a. Class I materials must be used in wet trenches if Class I bedding and haunching materials are used. b. Class II materials must be compacted in 6" lifts to 90% standard proctor density. C. Class III materials must be compacted in 6" lifts to 90% standard proctor density. 1 06/07 02221 -4 03 -4197 L11,11 ii H r C u L' F. Final Backfill: 1. Final backfill may be Class I, II, or III and must be placed and compacted in 12" maximum lifts and compacted to a minimum of 85% standard proctor density to prevent excessive settlement at the surface. 2.02 SUBMITTALS A. The Contractor shall furnish the Engineer, for approval, a representative sample of fill material obtained from on -site sources at least ten calendar days prior to the date of anticipated use of such material. B. For each material obtained from other than on -site sources, the Contractor shall notify the Engineer of the source of the material and shall furnish the Engineer, for approval, a representative sample at least ten calendar days prior to the date of anticipated use of such material. PART 3 - EXECUTION 3.01 GENERAL A. All excavation, backfill and grading necessary to complete the work shall be made by the Contractor and the cost thereof shall be included in the Contract price. B. Material shall be furnished as required from off site sources and hauled to site. C. The Contractor shall take all necessary precautions to maintain the work area in a safe and workable condition. D. The Contractor shall protect his work at all times by flagging, marking, lighting and barricading. It shall also be the Contractor's responsibility to preserve and protect all above and underground structures, pipelines, conduits, cables, drains, or utilities which are existing at the time he encounters them. Failure of the Drawings to show the existence of these obstructions shall not relieve the Contractor from this responsibility. The cost of repair of damage which occurs to these obstructions during or as a result of construction shall be borne by the Contractor without additional cost to the Owners. 3.02 INSPECTION 06/07 A. Examine the areas and conditions under which excavating, filling, and grading are to be performed. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Examine and accept existing grade of athletic field, swale, walks, pavements and steps prior to commencement of work and report to Engineer if elevations of existing subgrade substantially vary from elevations shown on the Drawings. - 02221 -5 03 -4197 i Ii_ n D 3.03 TRENCH EXCAVATION 06/07 A. Excavation for all trenches required for the installation of pipes shall be made to the depths indicated on the Drawings. Excavate trench to provide minimum of 30 -inch clear cover over the pipe bell unless otherwise noted on the Drawings. Excavate in such manner and to such widths as will give suitable room for laying the pipe within the trenches, for bracing and supporting and for pumping and drainage facilities. The trench width at the top of the pipe shall not exceed the allowable as determined by the depth of cut and indicated on the Drawings. B. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. Plow strip, or break -up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. C. Rock shall be removed to a minimum 8- inches clearance around the bottom and sides of all the pipe or ducts being laid. D. Where pipe is to be laid in limerock bedding or encased in concrete, the trench may be excavated by machinery to or just below the designated subgrade provided that the material remaining in the bottom of the trench remains undisturbed. E. Where the pipes or ducts are to be laid directly on the trench bottom the lower part of the trenches shall not be excavated to the trench bottom by machinery. The last of the material being excavated shall be done manually in such a manner that will give a flat bottom true to grade so that pipe can evenly and uniformly supported along its entire length on undisturbed material or bedding rock. Bell holes shall be made as required manually so that there is no bearing surface on the bells and pipes are supported along the barrel only. F. The bottom of the excavations shall be firm and dry and in all respects acceptable to the Engineer. Excavate any organic soil material from the bottom of the trench and replace with rock bedding, at least 4 inches thick. G. Excavation is Unclassified, and includes excavation to subgrade elevations indicated, regardless of character of materials and obstructions encountered. H. Unauthorized Excavation: Removal of materials beyond indicated subgrade elevations or dimensions without specific direction. Unauthorized excavation, as well as remedial work directed by Engineer, shall be at Contractor's expense. I. Additional Excavation: When unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace excavated material as directed by Engineer. 2. Removal of unsuitable material and its replacement as directed will be paid on basis of contract conditions relative to changes in work. 02221 -6 03 -4197 J. Stability of Excavations: 1. Slope sides of excavations to comply with local codes and ordinances having jurisdiction. 1 06/07 02221 -7 03 -4197 2. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 3. Maintain sides and slopes of excavations in safe condition until completion of backfilling. K. Shoring and Bracing: 1. Establish requirements for trench shoring and bracing to comply with local codes and authorities having jurisdiction. 2. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. L. Dewatering: 1. Prevent surface water and subsurface or roundwater from flowing into 9 g excavations. 2. Do not allow water to accumulate in excavations. 3. Provide and maintain pumps, well points, sumps, suction and discharge lines, and other dewatering system components necessary to convey water away from excavations. M. Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade and shape stockpiles for proper drainage. N. Trenches shall be uniform width required for the particular item to be installed, sufficiently wide to provide ample working room. Provide minimum 8 in. clearance on each side of pipe or conduit. 1. Excavate trenches to depth indicated or required for indicated flow lines and invert elevations. 2. Where rock is encountered, carry excavation 6 in. below scheduled eduled elevation and backfill with a 6 in. layer of crushed stone or gravel prior to installation of pipe. 3. For pipes or conduit 5 in. or less, excavate to indicated depths. Hand excavate bottom cut to accurate elevations and support pipe or conduit on undisturbed soil. 1 06/07 02221 -7 03 -4197 u 4. For pipes or conduit 6 in. or larger, tanks and other work indicated to receive subbase, excavate to subbase depth indicated, or, if not otherwise indicated, to 6 in. below bottom of work to be supported. 5. Except as otherwise indicated, excavate for exterior water - bearing piping so top of piping is minimum 30" below finished grade. 6. Grade bottoms of trenches as indicated, notching under pipe bells to provide solid bearing for entire body of pipe. N. Do not backfill trenches until tests and inspections have been made and backfilling authorized by Engineer. 3.04 PIPE INTERFERENCES A. The contractor shall abide by the following schedule of criteria concerning interferences with other utilities. 1. In no case shall there be less than 0.3 feet between any two pipelines and structures. 2. Class I Concrete Encasement: Wherever there is more than 0.3 foot, but not less than 1.5 foot clearance between water mains or water services, then a concrete encasement shall be provided in accordance with the typical detail as shown on the Drawings. 3. Class II Concrete Encasement: Wherever there is more than 0.3 foot, but less than 1.0 foot clearance between any two pipe lines, or between pipe lines and structures, then a concrete encasement shall be provided in accordance with the typical detail as shown on the Drawings. B. The Engineer shall have full authority to direct the placement of the various pipes and structures in order to facilitate construction, expedite completion and to avoid conflicts. 3.05 BACKFILLING A. Backfilling over pipes shall begin as soon as practical after the pipe has been laid, jointed, and inspected and the trench filled with suitable compacted material to the mid - diameter of the pipe. B. All backfilling shall be prosecuted expeditiously as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including waterproofing and perimeter insulation. 2. Inspection, testing, approval, and recording locations of underground utilities. 1 06/07 02221 -8 03 -4197 L. 06/07 02221 -9 03 -4197 3. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. mC. Foundation 1. A stable foundation must be provided to insure proper line and grade is maintained. Unsuitable foundations must be stabilized at the .engineer's direction. Unsuitable or unstable foundations may be undercut and replaced with a suitable bedding material, placed in 6" lifts. Other methods of stabilization, such as geotextiles may be appropriate based on the engineer's judgment. D. Bedding: 1. A stable and uniform bedding shall be provided for the pipe and any protruding features of its joints and /or fittings. The middle of the bedding equal to 1/3 of the O.D. should be loosely placed, with the remainder compacted to a minimum of 90% standard proctor density. Class I, II, and III materials are suitable for use as bedding. E. Haunching 1. Proper haunching provides a major portion of the pipes strength and stability therefore care must be exercised in insure placement and compaction of the embedment material in the haunches. For larger diameter pipes ( >30 ") embedment materials should be worked under the haunches by hand. Haunching materials may be Class I, II, or III and must be placed and compacted in 8" maximum lifts, compacted to 90% standard proctor density. 06/07 02221 -9 03 -4197 F. Initial Backfill: 1. Initial backfill materials are required to a minimum of the pipe diameter for proper structural performance of the pipe. The ASTM specifications extend the initial backfill from the springline to 6 " -12" above the pipe to provide protection for the pipe from construction operations during placement of the final backfill and protect the pipe form stones or cobbles in the final backfill. For proper structural performance of the pipe, the initial backfill need only extend to the pipe diameter. Class I, II, or III materials may be used as initial backfill however: a. Class I materials must be used in wet trenches if Class I bedding and haunching materials are used. b. Class II materials must be compacted in 6" lifts to 90% standard proctor density. C. Class III materials must be compacted in 6" lifts to 90% standard proctor density. 06/07 02221 -9 03 -4197 rlll"� G. Final Backfill: 1. Final backfill may be Class I, II, or III and must be placed and compacted in 12" maximum lifts and compacted to a minimum of 85% standard proctor density to prevent excessive settlement at the surface. H. When existing ground surface has a density less than that specified for particular area classification, break up ground surface, pulverize, moisture - condition to optimum moisture content, and compact to required depth and percentage of maximum density. I. Before compaction, moisten or aerate each layer as necessary to provide optimum moisture content. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. J. Place backfill and fill materials evenly adjacent to structures, without wedging against structures or displacement of piping or conduit. Compaction equipment used within 10 ft. of buried walls and soil supported structures shall not exceed 2000 lbs. 3.06 COMPACTION A. Areas to be compacted shall be moistened and compacted by either rolling, tamping or any other approved method by the Engineer in order to obtain a minimum 90% standard proctor density for the foundation, bedding, haunching, and initial backfill, and a minimum of 85% standard proctor density for the final backfill. The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. All backfill adjacent to structures and pipes shall be compacted to a density of not less than 100 percent of the maximum standard proctor density. If density tests are required, such tests shall be made as directed by the Engineer at the expense of the Contractor. The Contractor shall instruct the testing laboratory to forward copies of all test reports to the Engineer. Written notice from the Contractor shall precede completion of compaction operations by at least two working days. B. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply clean water to surface of subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. 1. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 2. Moisture content of soil shall be within 2% of the optimum. 3. Soil material that has been removed because it is too wet to permit compaction, but is otherwise satisfactory may be stockpiled or spread and allowed to dry. Assist drying by discing harrowing or pulverizing until moisture content is reduced to satisfactory value. 06/07 02221 -10 03 -4197 x� . C' 19 u K C 0 V'111� r M?jl u 3.07 GRADING 06/07 A. Grading shall be performed at such places as are indicated on the Drawings, to the lines, grades and elevations shown or as directed by the Engineer and shall be made in such manner that the requirements for formation of embankments can be followed. All unacceptable material encountered, of whatever nature within the limits indicated, shall be removed and disposed of as directed. During the process of excavation, the grade shall be maintained in such condition that it will be well drained at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the prosecution or condition of the work. B. If at the time of excavation it is not possible to place any material in its proper section of the permanent structure, it shall be stockpiled in approved areas for later use. No extras will be considered for the stockpiling or double handling of excavated material. C. The right is reserved to make minute adjustments or revisions in lines or grades if found necessary as the work progresses, due to discrepancies on the Drawings or in order to obtain satisfactory construction. D. Grading Surface of Athletic Field Fill: Athletic field shall be sloped at 1.0% from the crown to the edge of the field on each side, and compacted as specified. E. Grading Outside Athletic Field Lines: Finished grade adjacent to or outside of athletic field shall be restored to original elevations. F. Stones or rock fragments larger than 2 1/2 inches in their greatest dimensions will not be permitted in the top 6 inches of the subgrade line of all fills or embankments. G. All fill slopes shall be uniformly dressed to the slope, cross - section and alignment shown on the Drawings, or as directed by the Engineer. H. In cut, all loose or protruding rocks on the back slopes shall be barred loose or otherwise removed to line or finished grade of slope. All cut and fill slopes shall be uniformly dressed to the slope, cross - section and alignment shown on the Drawings or as specified by the Engineer. No grading is to be done in areas where there are existing pipe lines that may be uncovered or damaged until such lines which must be maintained are relocated, or where lines are to be abandoned, all required valves are closed and drains plugged at manholes. J. The Contractor shall replace all pavement cut or otherwise damaged during the progress of the work as specified elsewhere herein or as shown on the Drawings. 02221 -11 03 -4197 0 1 3.08 DISPOSAL OF UNSUITABLE AND SURPLUS MATERIAL A. All surplus and unsuitable excavated material shall be disposed of at the Contractor's cost in one of the following ways as directed by the Engineer. 1. Transport to soil storage area on Owner's property and stockpile or spread as directed by the Engineer. 2. Transport from Owner's property and legally dispose of. Any permit required for the hauling and disposing of this material beyond Owner's property shall be obtained prior to commencing hauling operations. Copies of all required permits shall be provided to the Engineer. B. Suitable excavated material may be used for fill if it meets the specifications for common fill and is approved by the Engineer. Excavated material so approved may be neatly stockpiled at the site where designated by the Engineer provided there is an area available where it will not interfere with the operation of the facility nor inconvenience traffic or adjoining property owners. END OF SECTION 06/07 02221 -12 03 -4197 1 SECTION 02223 EXCAVATION BELOW NORMAL GRADE AND GRAVEL REFILL PART 1 - GENERAL 1.01 SCOPE OF WORK A. If in the opinion of the Engineer, the material at or below the normal grade of the bottom of the trench (0.7 feet below the invert of the pipe) is unsuitable for foundation, it shall be removed to the depth directed by the Engineer and replaced by drain rock, as specified in Section 02221 - Trenching, Bedding, and Backfill for Pipe. IS B. It shall be the Contractor's responsibility to provide trench safety systems such as sheeting and bracing in accordance with state and local regulations. 1.02 RELATED WORK A. Section 02221: Trenching, Bedding and Backfill for Pipe. PART 2 - PRODUCTS 2.01 MATERIALS A. Drain rock shall be 3/4 inch washed and graded limerock. The rock shall be graded so that 99% will pass a 3/4 inch screen and 80% will be retained on a No. 8 screen. Material meeting the Florida Department of Transportation Standard Specifications for No. 57 stone shall be acceptable. PART 3 - EXECUTION 3.01 EXCAVATION AND DRAINAGE A. Whatever the nature of unstable material encountered or the groundwater conditions, trench drainage shall be complete and effective. B. If the Contractor excavates below grade through error or for his own convenience, fence, or through failure to properly dewater the trench, or disturbs the sub -grade before dewatering is sufficiently complete, he may be directed by the Engineer to excavate below grade as set forth in the preceding paragraph, in which case the work of excavating below grade and finishing and placing the refill shall be performed at his own expense. 1 06/07 02223 -1 03 -4197 1 1 1 1 0 9 0 t t t L, L' III 3.02 REFILL 06/07 A. If the material at the level of trench bottom consists of fine sand or sand and silt which may work into the drain rock prohibiting effective drainage, the sub -grade material shall be removed to the extent directed and the excavation refilled with coarse sand, or a mixture graded from coarse sand to fine pea- stone, to form a filter layer preserving the voids in the gravel bed of the pipe. The composition and gradation of gravel shall be approved by the Engineer prior to placement. Gravel shall be placed in 6 inch layers thoroughly compacted to 90 percent of maximum standard proctor density. If directed by the Engineer, drain rock shall be used for refill of excavation below grade. END OF SECTION 02223 -2 03 -4197 SECTION 02513 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required and place asphaltic concrete pavement in accordance with the grades and typical sections shown on the Drawings and as specified herein. 1.02 RELATED WORK A. Section 02200 - Earthwork. 1.03 SUBMITTALS A. Submit shop drawings as specified in Section 01340. PART 2 - PRODUCTS 2.01 MATERIALS A. All Materials shall conform to the requirements of the Florida Department of Transportation Specifications. PART 3 - EXECUTION 3.01 INSTALLATION A. The subgrade preparation shall comply with the requirements of the Florida Department of Transportation Specifications. All soft and yielding material and other portions of the subgrade which will not compact readily shall be removed and replaced with suitable material and the whole subgrade brought to line and grade and to a foundation of uniform compaction and supporting power. B. The top 12 inches of the subgrade, in both cut and fill sections, shall be compacted to a density of not less than 100 percent of the maximum density as determined by the AASHTO Method T -180. If shown on the Drawings, compact subgrade to a Florida Bearing Value of 75 psi. Unless the subgrade material at the time of compacting contains sufficient moisture to permit proper compaction it shall be moistened as necessary and then compacted. Subgrade material containing excess moisture shall be permitted to dry to the proper consistency before being compacted. The subgrade shall be shaped prior to making the density tests. The required density shall be maintained until the base or pavement has been laid or until the aggregate materials for the base or pavement course have been spread in place. C. The minimum compacted thickness of the limerock base shall be 12 inches applied in three layers of equal depth unless otherwise shown on the Drawings. 01107 02513 -1 03 -4197 e 0 s A 0 1 S 1 1 1 1 1 0 1 1 1 FM D. Before the prime coat is applied, all loose material, dust, dirt or other foreign material which might prevent bond with existing surface shall be moved to the shoulders to the full width of the base by means of revolving brooms, mechanical sweepers, blowers, supplemented by hand sweeping or other approved methods. The glazed finish shall have been removed from the base. The prime coat shall be applied by a pressure distributor so that approximately 0.1 gallons per square yard is applied uniformly and thoroughly to a clean surface. E. Prior to the application of the surface course, all loose material, dust, dirt and all foreign material which might prevent proper bond with the existing surface shall be removed to the full width of the repair by means of approved mechanical sweepers and supplemented by hand sweeping if required. F. Apply bituminous tack coat at a rate between 0.02 and 0.10 gallons per square yard. Bituminous material shall be heated as per manufacturers recommendations. G. The truing and leveling asphaltic concrete shall be placed in lifts of three - quarter inches (3/4 ") maximum. Overlay asphalt shall be placed in one 1" lift. H. All manhole castings, valve boxes or other utility castings within the area to be surfaced shall be adjusted to the proposed surface elevation by the Contractor. The work shall be accomplished in such a manner as to leave the casting fixed permanently in its correct position at no additional cost to the Owner. 3.02 PAVEMENT REPAIR A. All damage to pavement as a result of the work (construction or maintenance) under this contract shall be repaired according to the plans and specifications at the Contractor's cost. Pavement shall be repaired to match the original surface material and original grade, however, the asphalt concrete thickness shall not be less than 1 inch. The repair shall include the preparation of the subgrade, the placing and compacting of the limerock base in 6" maximum lifts, the preparation and priming of the base, the placing and maintaining of the surface treatment, all as specified herein and as shown on the Drawings. B. The width of all repairs shall extend at least 12 inches beyond the limit of the damage or as shown on the Drawings. The edge of the pavement to be left in place shall be saw cut to a true edge and should provide a clean edge to abut the repair. The line of the repair shall be reasonably uniform with no unnecessary irregularities. 3.03 TESTING 06/07 A. The Contractor shall have density, soil bearing, materials and such other tests performed as directed by the Engineer and shall pay the costs of such tests in accordance with Section 01410. The Contractor shall fully cooperate with the testing agency. END OF SECTION 02513 -2 03 -4197 u r k 0 C it 11,11 H SECTION 02580 PAVEMENT MARKINGS AND SIGNING PART 1 - GENERAL 1.01 SCOPE A. The Contractor shall supply all labor, equipment, materials and incidentals necessary to install pavement markings and signing in accordance with the plans and the following specifications. 1.02 REFERENCED SPECIFICATIONS, CODES AND STANDARDS A. Manual of Uniform Control Devices, latest edition B. FDOT Design Standards, 1992 edition (as applicable) C. FDOT Standard Specifications for Road and Bridge Construction, 1991 edition (as applicable) PART 2 - PRODUCTS 2.01 MATERIALS A. Thermoplastic traffic stripes and markings shall meet the requirements of AASHTO M249 -79 (1986) and exceptions as indicated in the "FDOT Standard Specifications for Road and Bridge Construction ", 1991 edition. B. Signs - General: 1. The design and construction of traffic signs shall be in accordance with the following standards: + Manual of Uniform Control Devices, Latest edition + Florida DOT Standard Specifications + Florida DOT Roadway and Traffic Design Standards 2. Shop drawings and quantities for paint overhead sign structures, special designs for ground sign structures, shall be submitted to the Engineer for approval. PART 3 - EXECUTION 06/07 A. Parking stalls shall be marked in accordance with the typical pattern indicated on the criteria drawings. Stall width and depth, and drive widths indicated are minimum and must not be reduced. B. Directional arrows shall be marked on pavement in location and of size indicated on drawings. 02580 -1 03 -4197 m C. Paint top and face of concrete curb at front sidewalk, parking lot entrances and traffic islands and asphalt entrance ramps. D. Paint concrete base and base plate at all parking lot lighting structures and steel pipe base of handicapped parking identification sign. E. Paint all precast concrete bumpers (except where used as a continuous curb). F. Paint all chatter strips and raised dividers. G. Paint all sitework protective guard posts beyond five (5) feet of the building. H. Entrances shall be properly marked by painting directional arrows on the pavement in the location and of the size indicated on the drawings. END OF SECTION �1 1 16117 02580 -2 03 -4197 B 1 i D e v a s i s v 0 H11 SECTION 02611 REINFORCED CONCRETE PIPE PART 1 - GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required and install in the locations as shown on the drawings, the reinforced concrete pipe (R.C.P.) and appurtenances as described herein. 1.02 RELATED WORK A. Section 02221: Trenching, Bedding and Backfill for Pipe 1.03 DESCRIPTION OF SYSTEM A. Piping shall be installed at the location shown on drawings. 1.04 QUALIFICATIONS A. All R.C.P. and appurtenances shall be furnished by a single manufacturer who is fully experienced, reputable, and qualified in the manufacture of the items to be furnished. The equipment shall be designed, constructed, and installed in accordance with the best practices and methods and shall comply with these Specifications. 1.05 SUBMITTALS A. Shop drawings shall be submitted to the Engineer for approval and shall include dimensioning and technical specification for all piping to be furnished. 1.06 TOOLS A. Special tools, solvents, lubricants, and caulking compounds required for normal installation shall be furnished with the pipe. PART 2- PRODUCTS 2.01 MATERIALS A. R.C.P. shall be in accordance with ASTM C -76 -88 Class II wall B and as manufactured by United States Concrete Pipe Co. or approved equal. B. All pipe shall be bundled or packaged in such a manner as to provide adequate protection for the ends, threaded, or flanged, during transportation from the manufacturer. 06/07 02611 -1 03 -4197 t A t 0 v p e t e t �c PART 3 - EXECUTION 3.01 INSTALLATION A. The installation of reinforced concrete pipe shall be strictly in accordance with the manufacturer's technical data and printed instructions. 06/07 END OF SECTION 02611 -2 03 -4197 m 06/07 02613 -1 03 -4197 SECTION 02613 CORRUGATED METAL DRAINAGE PIPE PART 1- GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment, and incidentals required to install the corrugated metal pipe including pipe, foundation, joint couplers and fittings as shown on the drawings. 1.02 RELATED SECTIONS A. Section 03300: Cast -In -Place Concrete 1.03 SYSTEM DESCRIPTION A. Corrugated metal pipes will be utilized to interconnect the ditch at the designated area on the plans. See details on plans. m IRS 1.04 SUBMITTALS A. Submit shop drawings to Engineer for approval. B. Shop drawings to show layout of entire trench system designating component parts and accessories. 1.05 INSPECTION A. The quality of the finished pipe shall be subject to inspection and approval by the Engineer, or other representative of the Owner. Pipe rejected after delivery shall be marked for identification and shall be removed from the job at once. B. The manufacturer shall inspect all pipe joints for out -of- roundness and pipe ends for squareness. The manufacturer shall furnish to the Engineer a notarized affidavit stating all pipe meets the requirements of AASHTO M -196, these Specifications, and the joint design with respect to square ends and out -of- round joint surfaces. PART 2- PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Kaiser Aluminum, Inc. B. Gator Culvert Co. 865 N. Dixie Highway, Lantana, Fl. 33465 C. Contech Construction Products, Inc., P.O. Box 800, Middletown, OH, 45042. 06/07 02613 -1 03 -4197 KI W1111 R ��� I I u y 0 0 N 2.02 CORRUGATED ALUMINUM PIPE A. Pipe shall conform to the FDOT Section 945 including the requirements of AASHTO M -196. All pipe shall be round. B. Fittings shall be provided as shown on the drawings. C. Pipe joints shall be comparable to the Armco "Hugger- Type" joint which utilizes forged steel bars secured to the connecting bar with tension straps and rubber O -Ring type gaskets. D. End sections shall be provided as shown on the drawings. E. Pipe wall thickness shall be from 0.048 to 0.164 inch and shall have helical corrugations with riveted seams in conformance with FDOT Section 945 TABLE I. F. Pipe shall be able to withstand normal H -20 Design live loading when properly installed. 2.03 CORRUGATED ALUMINUM PERFORATED PIPE A. Pipe shall conform to the FDOT Section 945 including the requirements of AASHTO M -196. Pipe shall be round. B. Fittings and end sections shall be provided as shown on the drawings. C. Pipe joints shall be the "Hugger- Type" joint only modified to accommodate the slotted grate in the pipe. D. Pipe wall thickness shall conform to FDOT Section 945 TABLE I and be from 0.48 to 0.164 inch with helical corrugations and riveted seams. E. Pipe with perforations, where specified on the drawings, shall be 5/16 -inch diameter with a spacing of 1 7/8 inches center to center. PART 3 - EXECUTION 3.01 HANDLING PIPE AND FITTINGS 06/07 A. Care shall be taken in loading, transporting and unloading to prevent injury to the pipe or coatings. Pipe or fittings shall not be dropped. All pipe or fittings shall be examined before laying, and no piece shall be installed which is found to be defective. Any damage to the pipe coatings shall be repaired as directed by the Engineer. B. All pipe and fittings shall be subjected to a careful inspection prior to being laid or installed. C. If any defective pipe is discovered after it has been laid it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional expense to 02613 -2 03 -4197 n u u r L C L I rl�l M`� the Owner. All pipe and fittings shall be thoroughly cleaned before laying, shall be kept clean until they are used in the work, and when installed or laid, shall conform to the lines and grades required. 3.02 LAYING PIPE AND FITTINGS A. Pipe and fittings shall be installed in accordance with requirements of the manufacturer. B. All pipe shall be sound and clean before laying. When laying is not in progress, including lunchtime, the open ends of the pipe shall be closed by watertight plugs or other approved means. C. As soon as the excavation is completed to the normal grade of the bottom of the trench, immediately place screen gravel or crushed stone (where applicable) bedding in the trench, and then the pipe shall be firmly bedded in this material to conform accurately to the line and grade indicated on the he drawings. Blocking under the pipe will not be permitted. Bedding shall conform with the detail drawings. D. When cutting pipe is required, the cutting shall be done by machine, leaving a smooth cut as right angles to the axis of the pipe. E. Unless otherwise specified, pipe shall be joined in accordance with the manufacturer's requirements and in a safe and secure manner. Pipe joints shall be kept to a minimum. Leaks in joints shall be repaired immediately. 3.03 CLEANING AND FLUSHING A. The pipe shall be thoroughly cleaned of all foreign matter before installation. It is the Contractor's responsibility to insure cleanliness of the pipe during installation and backfilling. At the conclusion of the work, the Contractor shall thoroughly clean all of the pipe, if necessary, by flushing with water. Debris cleaned from the lines shall be removed from the lowest outlet. If, after this cleaning, obstructions remain, they shall be removed. 3.04 INSPECTION A. After the pipe is cleaned, the Engineer will examine the pipe for leaks. If defective pipes or joints are discovered at this time, they shall be repaired by the Contractor. END OF SECTION 06/07 02613 -3 03 -4197 u SECTION 02630 STORM DRAINAGE PIPING PART 1 - GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, necessary equipment and services to install the mstorm drainage piping as indicated on the drawings, as specified herein or both. 1.02 RELATED WORK A. Section 02100 — Site Preparation B. Section 02200 - Earthwork C. Section 02221 — Trenching, Bedding, and Backfill for Pipe D. Section 02223 — Excavation Below Normal Grade and Gravel Refill 1.03 QUALITY ASSURANCE A. Testing Agency: Independent testing laboratory B. Requirements or Regulatory Agencies: Conform to requirements of all City, County and State agencies. mC. Reference standards. A. GENERAL: All construction and materials shall conform to the Standards and Specifications of the City of Sunny Isles Beach, Miami -Dade Water and Sewer Department (MDWASD), and all other local and national codes where applicable. All construction shall be performed in a safe manner, specifically, the rules and regulations of the Occupational Safety and Health Administration (OSHA) and the Manual of Uniform Traffic Control Devices (MUTCD) shall be strictly observed.B. MATERIALS This specification applies to high density polyethylene corrugated pipe with an integrally formed smooth waterway. Nominal sizes for which this specification is acceptable are 100 —1500 mm (4 - 60 inch) diameters. Sizes 100 — 1500 mm (4 - 60 inch) shall be either AASHTO Type 'S' or Type 'D' as follows. Sizes 100 — 1500 mm (4 - 60 inch) designated as AASHTO Type 'S' (N -12) shall have a full circular cross - section, with an outer corrugated pipe wall and an essentially smooth inner wall (waterway). Corrugations for Type 'S' sizes 100 — 1500 mm (4 - 60 inch) shall be annular (N -12). Sizes 1050 — 1500 mm (42 thru 60 inch) designated as AASHTO Type 'D' (N -12HC) shall consist of an essentially smooth waterway braced circumferentially with circular ribs which are formed simultaneously with an essentially smooth outer wall. The 1050 — 1500 06/07 02630 -1 03 -4197 nl mm (42 thru 60 inch) (N -12HC) sizes shall conform to AASHTO Type 'D' (which describes dual wall pipe with a smooth waterway). Pipe manufactured for this specification shall comply with the requirements for test methods, dimensions and markings found in AASHTO Designations M252, M294 and MP7. Pipe and fittings shall be made from virgin PE compounds which conform with the applicable current edition of the AASHTO Material Specifications for cell classification as defined and described in ASTM D3350. The fittings shall not reduce or impair the overall integrity or function of the pipeline. Fittings may be either molded or fabricated. Common corrugated fittings include in -line joint fittings, such as couplers and reducers, and branch or complimentary assembly fittings such as tees, wyes and end caps. These fittings may be installed by various methods such as snap -on, bell and spigot, bell — bell and wrap around couplers. Couplers shall provide sufficient longitudinal strength to preserve pipe alignment and prevent separation at the joints. Only fittings supplied or recommended by the manufacturer shall be used. Where designated on the plans or project specifications, an elastomeric gasket meeting the requirements of ASTM F477 shall be supplied. Installation of the pipe specified above shall be in accordance with either AASHTO Section 30 or ASTM Recommended Practice D2321 as described elsewhere in these specifications and as recommended by the manufacturer. Perforated pipe within the drain field shall be Class II, CD SLOT, for 4" — 10" diameter piping and Class Il, E (Circular), for 12" — 18" diameter piping. Corrugated polyethylene pipe shall be manufactured in accordance with ASTM F405 and AASHTO M252 as manufactured by ADS, or approved equal. a END OF SECTION 0 r 0 L h 06/07 02630 -2 03 -4197 L n L 0 C L III L v e SECTION 02931 SODDING PART 1 - GENERAL 1.01 WORK INCLUDED A. Furnish all labor, materials, equipment and incidentals required to prepare lawn bed and install sodding as shown on contract drawings and as specified herein. B. Area to receive sodded grass lawns within the landscape limits shown on the drawings except as noted herein shall be as designated on the Drawings. 1.02 SUBMITTALS A. Provide technical data as specified in Section 01340 for shop drawings on all materials or installation procedures required under this Section. B. Submit representative topsoil samples for analysis by a private laboratory to determine nutrient deficiencies and outline a proper fertilization program. C. Submit as provided in Section 01720 certifications required for all sodding supplied. PART 2 - PRODUCTS 2.01 SOD A. Sod shall be St. Augustine Floritam of firm texture having a compacted growth and good root development as approved. B. Sod shall be certified to meet Florida State Plant Board specifications, absolutely true to varietal type, and free from weeds or other objectionable vegetation, fungus, insects and disease of any kind. C. Before being cut and lifted, the sod shall have been mowed 3 times with the final mowing not more than a week before cutting into uniform dimensions. 2.02 SOIL CONDITIONERS 06/07 A. Fertilizer: 1. Fertilizer shall be a complete fertilizer, the elements of which are derived from organic sources. Fertilizer shall be a standard product complying with State and Federal fertilizer laws. 2. Percentages of nitrogen, phosphorus and potash shall be based on laboratory tests on soils outlined in Paragraph 1.02B and approved by the Engineer. For purpose of bidding, assume 6% nitrogen, 6% phosphorus and 6% potash by weight. At least 50% of the total nitrogen shall contain no less than 3% water - insoluble nitrogen. 02931 -1 03 -4197 J 0 i 0 L r r- r� 0 u r, n 3. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's certificate of compliance covering analysis shall be furnished to the Engineer. Store fertilizer in a weather -proof place and in such a manner that it will be kept dry and its effectiveness will not be impaired. B. Superphosphate shall be composed of finely ground phosphate rock as commonly used for agricultural purposes containing not less than 20% available phosphoric acid. PART 3 - EXECUTION 3.01 LAWN BED PREPARATION A. Areas to be sodded shall be cleared of all rough grass, weeds and debris, and the ground brought to an even grade as approved. B. The soil shall then be thoroughly tilled to a minimum 8 -inch depth. C. Superphosphate at a rate for bidding purposes of 5 pounds per 1000 square foot and complete fertilizer at a rate for bidding purposes of 16 pounds per 1000 square foot shall be evenly distributed over entire area and cross - disced in to a depth of 4 -6 inches. D. The areas shall be brought to a proper grade, free of sticks, stones, or other foreign matter over 1 -inch in diameter or dimension. The surface shall conform to finish grade, less the thickness of sod, free of water - retaining depressions, the soil friable and uniformly firm texture. 3.02 SOD HANDLING AND INSTALLATION A. During delivery, prior to planting, and during the planting of the lawn areas, the sod panels shall at all times be protected from excessive drying and unnecessary exposure of the roots to the sun. All sod shall be stacked during construction and planting so as not to be damaged by sweating or excessive heat and moisture. B. After completion of soil conditioning as specified above, sod panels shall be.laid tightly together so as to make a solid sodded lawn area. On mounds and other slopes, the long dimension'of the sod shall be laid perpendicular to the slope. Immediately following sod laying the lawn areas shall be rolled with a lawn roller customarily used for such purposes, and then thoroughly watered. C. Bring the sod edge in a neat, clean manner to the edge of all paving and shrub areas. Top dressing with approved, clean, weed free, sand may be required at no additional cost to the Owner if deemed necessary by the Engineer. 3.03 MAINTENANCE A. The Contractor shall produce a dense, well established lawn. The Contractor shall be responsible for the repair and resodding of all eroded or bare spots until 06/07 02931 -2 03 -4197 1 1 1 A s v t h project acceptance. Repair sodding shall be accomplished as in the original work except that fertilizing may be omitted. B. Sufficient watering shall be done by the Contractor to maintain adequate moisture for optimum development of the lawn areas. Sodded areas shall receive no less than 1.5 inches of water per week. 3.04 REPAIRS TO LAWN AREAS DISTURBED BY CONTRACTOR'S OPERATIONS A. Lawn areas planted under this Contract and lawn ares outside the designated areas damaged by Contractor's operations shall be repaired at once by proper sod bed preparation, fertilizing and resodding, in accordance with these specifications. 06/07 END OF SECTION 02931 -3 03 -4197 Lk 4, k", K", 0 L u r 0 0 SECTION 03300 CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 WORK INCLUDED A. Furnish labor, materials, equipment and incidentals required to place cement and concrete masonry, reinforcing steel, forms, waterstops and miscellaneous related items including sleeve, reglets, anchor bolts, inserts and embedded items specified under other Section. 1.02 RELATED WORK A. Concrete reinforcement is specified in Section 03200. 1.03 REFERENCE A. ASTM C -150 Portland Cement B. FS SS -C- 1960/3 Portland Cement C. ASTM C -94 Ready -Mix Concrete D. ACI 318 -89 Reinforced Concrete E. ASTM C -143 Concrete Mix F. ASTM C -231 Concrete Testing G. ASTM C -33 Concrete Aggregates H. ASTM C -87 Mortar Strength I. ASTM C -40 Concrete Aggregates J. ASTM C -494 Concrete Ad Mixtures K. ACI 304 Truck Mixers L. ASTM C -31 Field Testing M. ASTM C -39 Concrete Testing N. ASTM C -42 Concrete Testing 1.04 DESCRIPTION A. Concrete shall be of Portland cement, ASTM C -94, fine aggregate, coarse aggregate, water and admixtures as specified and shall be ready- mixed, or transit -mixed concrete. All constituents, including admixture, shall be batched at the central batch plant. 06/07 03300 -1 03 -4197 E n. B. Reinforced concrete shall conform to ACI Specification 318 -89 or latest revision. C. Field testing and inspection services required will be provided by the Contractor. Cost of such work, except as specifically stated otherwise, will be paid for by the Contractor. Methods of test will comply in detail with the latest applicable ASTM Methods of Testing. D. Samples of constituents and of concrete as placed will be subjected to laboratory tests. Materials incorporated in the work shall conform to approved samples. E. Under special circumstances, the Engineer may allow minor deviations from the material requirements specified, provided the resulting concrete quality is not adversely affected or provided a suitable adjustment in cement content is made to compensate for such deviations without cost to the Owner. 1.05 SUBMITTALS A. Submit, as provided in the General Conditions and Section 01340, shop drawings showing placement of forms, form joints, major inserts and blockouts. 1.06 QUALITY ASSURANCE A. The actual acceptance of aggregates and development of mix proportions to produce concrete conforming to the specific requirements shall be determined by means of prior laboratory tests made by the Concrete Supplier or the Contractor at his expense with the constituents to be used on the work. B. The Concrete Supplier shall submit through the Contractor to the Engineer for approval the concrete mix he intends to use, designed within the limits of these specifications, listing the brand of cement, source and results of tests of aggregates and admixtures not later than 14 days prior to the beginning of placing concrete. C. The limiting strengths, water - cement ratios and cement factors as shown on (Table A) shall apply. Maximum water - cement ( # / #) for structures shall be 0.53 by weight. *Maximum; decrease if possible. This represents total water in mix at time of mixing, including free water on aggregates, and water in admixture solution. * *Minimum; increase as necessary to meet other requirements. These cement factors apply to "controlled" concrete subject to specific inspection. 03300 -2 03 -4197 TABLE A Minimum Maximum Net Minimum Comp. Str. Water Content Cement Factor psi at 28 days gals /100 Ibs* 100 Ibs /cu yd ** 2500 7.4 4.3 3000 7.0 4.8 3500 6.4 5.64 4000 5.85 5.64 *Maximum; decrease if possible. This represents total water in mix at time of mixing, including free water on aggregates, and water in admixture solution. * *Minimum; increase as necessary to meet other requirements. These cement factors apply to "controlled" concrete subject to specific inspection. 03300 -2 03 -4197 J t C k C 0 n L, 0 06/07 D. When high - early- strength Portland cement is permitted, the same strength requirements shall apply except that the indicated strengths shall be attained at seven (7) days instead of twenty -eight (28) days. E. If during the progress of the work it is impossible to secure concrete of the required workability and strength with the materials being furnished, the Engineer may order such changes in proportions or materials, or both, as may be necessary to secure the desired properties. All changes so ordered shall be made at the Contractor's expense. F. If during the progress of the work the Contractor desires to use materials other than those originally approved, or if the materials from the sources originally approved change in characteristics, the Contractor shall, at his own expense, have made new acceptance tests of aggregates and establishment of new basic mixtures and submit them to the Engineer for approval. G. Consistency of the concrete as measured by the ASTM Designation C143 shall be as shown in (Table B). TABLE B Portion of Structure Slump (inches) Max.* Min. Pavement and slabs on ground 3 2 Plain footings, gravity walls, slabs and beams 3 2 Heavy reinforced foundation walls and footings 4 2 Thin reinforced walls and columns 4 2 May be increased 1 -inch if proper method of consolidation is used. H. Concrete shall be of such consistency and mix composition that it can be readily worked into the corners and angles of the forms and around the reinforcement, inserts, and wall castings without permitting materials to segregate or free water to collect on the surface, due consideration being given to the methods of placing and compacting. No excessively wet concrete will be permitted, and if at any time concrete of such consistency beyond the limits of Table B is delivered to the job, the Engineer may direct the Contractor to reject same or to add extra cement for which no additional payment will be made. A supply of the approved cement shall be kept available at the site for this purpose. Drivers of transit -mix trucks shall add no additional water except that established for the design. Failure to comply with this requirement shall be justification for rejecting the concrete. The entrained air, as measured by the Pressure Method, ASTM C231, shall be as shown in (Table C). Nominal Maximum Size of Coarse Ag-gregate(in) TABLE C 03300 -3 Total Air Measured at Discharge from truck M 03 -4197 L- 211 2.5 -5.5 1" 6.5 3/4" 4.0-8.0 1.07 ACCEPTANCE TESTS A. Conformity of aggregates to these Specification, and the actual proportions of cement, aggregates, and water necessary to produce concrete conforming to the requirements set forth in Table A, shall be determined by tests made with representative samples of the materials to be used on the work. Tests will be made by an accredited testing laboratory, and approved by the Engineer. B. Cement may be subject to testing to determine that it conforms to the e requirements of this Specification. Methods of testing shall conform to the appropriate specification,, but the place, time, frequency and method of sampling will be determined by the Engineer in accordance with the particular need. C. Water content of the concrete shall be based on a curve showing the relation between water content and 7 and 28 -day compressive strengths of concrete made using the proposed materials. The curves shall be determined by four or more points, each representing an average value of at least three test specimens at each age, and shall have a range of values sufficient to yield the desired data, including all the compressive strengths called for on the Drawings, without extrapolation. The water content of the concrete to be used, as determined from the curve, shall correspond to the test strengths of the laboratory trial mixtures as shown on (Table D) below. TABLE D Design Min. Lab. Strength Strength 7 Days* 28 Days ** 3000 2500 3500 3500 3000 4100 4000 3500 4600 1 1 1 1 1 1 1 * May be employed by preliminary design. ** To be used for final designs. E. In no case, however, shall the resulting mix conflict with the limiting values for maximum water - cement ratios and minimum cement contents as specified in Table A. PART 2 - PRODUCTS 2.01 MATERIALS 06/07 A. Materials shall conform to these Specifications and any state or local specification requirements. B. Cement for all cast in place concrete shall be a domestic portland cement (ASTM C -150, Type II) or high early strength portland cement (Type III) free from injurious water soluble salts or alkalies. High early strength cement may only be used, with 03300 -4 03 -4197 u 1 written approval of the Engineer. Air entraining cements may be used with written approval of the Engineer. Cement brands shall be subject to approval. C. Aggregates: 1. Fine aggregate shall consist of washing inert sand conforming to the requirements of ASTM Specification C -33, and the following detailed requirements: Sieve % Passing No. 4 95 -100% 16 60 -75 50 13 -30 100 3 -8 Fineness Modulus 2.4 -2.6 Organics Organic Plate 2, per ASTM C -40 Silt 2.0% maximum Mortar Strength 95% minimum as per ASTM C87, Section 10 Soundness 8% maximum loss, using magnesium sulfate, subjected to 5 cycles 2. Coarse aggregate shall consist of well - graded crushed rock or washing gravel conforming to the requirements of ASTM Specification C -33 and the following detailed requirements: Organics Organic Plate 1, per ASTM C -40 Silt 1.0% maximum Soundness 8% maximum loss, using magnesium sulfate, subjected to 5 cycles 3. The following designated sizes* of aggregate shall be the maximum employed in concrete: 2 inch for plain concrete 1 inch for reinforced sections 10 inch and over in thickness 3/4 inch for reinforced sections less than 10 inch in thickness 4. *Note: The "Designated Size" and the corresponding gradations shown represent the end or combined gradation of the coarse aggregate to be used in the final concrete. D. Water: 1. Water shall be clean and free from injurious amounts of oils, acid, alkali, organic matter or other deleterious substances. 2. When subjected to the mortar strength test described in ASTM C87, the 28 day strength of mortar specimens made with the water under examination and normal portland cement shall be at least 100 per cent of the strength of similar specimens made with distilled water. 06/07 03300 -5 03 -4197 II J ]i J C 11' U. u n k u n u u 3. Potable tap water will normally fulfill the above requirements. 4. Raw water (groundwater) and canal water shall not be allowed in the mix. E. Admixtures: 1. A water reducing agent shall be used in all concrete. The admixture shall conform to ASTM Specification C494. Proportioning and mixing shall be as recommended by the manufacturer. 2. Admixtures causing accelerated setting of cement in concrete shall not be used. Air entraining admixtures with demonstrated compatibility with the concrete mix shall be used as required as a moderate addition to the water reducing agent to obtain the specified percent air in the resultant concrete. . PART 3 - EXECUTION 3.01 MEASURING MATERIALS A. Materials shall be measured by weighing except as otherwise specified or where other methods are specifically authorized by the Engineer. The apparatus provided for weighing the aggregates and cement shall be suitably designed and constructed for this purpose. Scales shall have been certified by the local Sealer of Weights and Measures within one year of use. Each size of aggregate and the cement shall be weighed separately. The accuracy of all weighing devices shall be such that successive quantities can be measured to within one percent of the desire amount. Cement in standard packages (sacks) need not be weighed, but bulk cement and fractional packages shall be weighed. B. Water shall be measured by volume or by weight. The water - measuring device shall be capable of control to 1/2% accuracy. All measuring devices shall be subject to approval. Admixtures shall be dispensed either manually with use of calibrated containers or measuring tanks, or by means of an approved automatic dispenser designed by the manufacturer of the specified admixture. 3.02 MIXING 1 06/07 A. Concrete shall be ready -mixed or transit - mixed, as produced by equipment acceptable to the Engineer. No hand - mixing will be permitted. Adding water in controlled amounts during the mixing cycle shall be done only with the express approval of, and under the direction of, the Engineer. B. Ready -mix or transit -mixed concrete shall be transported to the site in watertight agitator or mixer trucks loaded not in excess of rated capacities for the respective conditions as stated on the name plate. Discharge at the site shall be within 1 -1/2 hours and within one hour when ambient.temperature is above 85 degree F after cement was first introduced into the mix. Central mixed concrete shall be plant -mixed a minimum of 1 -1/2 minutes per batch and then shall be truck -mixed or agitated a minimum of 8 minutes. Agitation shall begin immediately after the pre -mixed concrete is placed in the truck and shall continue without interruption until discharge. Transit -mixed concrete shall be mixed at mixing speed for at least 10 minutes immediately after charging the truck, followed by agitation without interruption until discharged. C. All central plant and rolling stock equipment and methods shall conform to the latest Truck Mixer and Agitator Standards of the Truck Mixer Manufacturers' 03300 -6 03 -4197 rl t n k ;I n C� n L u C 1 Bureau of the National Ready -Mixed Concrete Association, as well as ACI Standard 304 and ASTM Specification C94. D. The re- tempering of concrete or mortar which has partially hardened, that is, mixing with or without additional cement, aggregate, or water, will not be permitted. E. Attention is called to the importance of dispatching trucks from the batching plant so that they shall arrive at the site of the work just before the concrete is required, thus avoiding excessive mixing of concrete while waiting or delays in placing successive layers of concrete in the forms. 3.03 FIELD TESTS A. Sets of four field control cylinder specimens will be taken at random by the Engineer during the progress of the work, in conformity with ASTM Designation C31; the total number of specimens taken on the project may average one set per 150 cubic yards, and in general not less than one set of specimens will be taken on any one day when concrete is being placed. When average ultimate 28 -day strength of control cylinders in any set falls below the required ultimate strength or below proportional minimum 7 day strengths where proper relation between 7 and 28 day strengths have been established by tests, proportions, water content, or temperature conditions shall be changed to secure the required strength. B. The Contractor shall cooperate in the making of such tests to the extent of allowing free access to the work for the selection of samples, providing heated (when required) moist storage facilities for specimens, affording protection to the specimens against injury or loss through his operations, and furnishing material and labor required for the purpose of taking concrete cylinder samples, curing boxes and shipping boxes. All shipping of specimens will be paid for by the Owner. C. Slump tests will be made in the field by the testing laboratory 3.04 INSPECTION AND CONTROL A. The preparation of forms, placing of reinforcing steel, conduits, pipes, and sleeves, batching, mixing, transportation, placing and curing of concrete shall be at all times under the inspection of the Engineer. B. The Contractor shall engage the services of an approved testing laboratory to establish the basic mixtures of concrete as required by the specifications. C. The Owner will engage the services of a testing laboratory to test field control cylinder specimens and to conduct other tests as specified herein or as deemed required by the Engineer to insure the quality. D. Air entrainment shall be measured by the testing laboratory or his representative at time of concrete deposit in accordance with ASTM Designation C231. 3.05 CONCRETE APPEARANCE 06/07 A. Concrete for every part of the work shall be homogeneous structure which, when hardened, will have the required strength, durability,and appearance. 03300 -7 03 -4197 I, u E E 7 11 fl l7 [1�1 n n u B. Formwork, mixtures and concrete placement workmanship shall be such that concrete surfaces, when exposed, will require only minimal finishing with no excess honeycombing, voids or irregular color lines. 3.06 FORMS 06/07 A. Forms shall be used for all concrete masonry, including footings. Forms shall be so constructed and placed that the resulting concrete will be of the shape, lines, dimensions, appearance, and to the elevations indicated on the Drawings. B. Forms shall be made of wood, metal, or other approved material. Wood forms shall be constructed of sound lumber or plywood of suitable dimensions, free from knotholes and loose knots; where used for exposed surfaces, boards shall be dressed and matched. Plywood shall be sanded smooth and fitted with tight joints between panels. Metal forms shall be of an approved type for the class of work involved and of the thickness and design required for rigid construction. C. Edges of all form panels in contact with concrete shall be flush within 1/32 -inch and forms for plane surfaces shall be such that the concrete will be plane within 1/16 -inch in 4 feet. Forms shall be tight to prevent the passage of mortar and water and grout. D. Forms for walls shall have removable panels at the bottom for cleaning, inspection, and scrubbing -in of bonding paste. Forms for walls of considerable height shall be arranged with tremies and hoppers for placing concrete in a manner that will prevent segregation and accumulation of hardened concrete on the forms or reinforcements above the fresh concrete. E. Molding or bevels shall be placed to produce a 3/4 -inch chamfer on all exposed projecting corners, unless otherwise shown on the Drawings. Similar chamfer strips shall be provided at horizontal and vertical extremities of all wall placements to produce "clean" separation between successive placements as called for on the Plans. F. Forms shall be sufficiently rigid to withstand vibration, to prevent displacement or sagging between supports, and constructed so the concrete will not be damaged by their removal. The Contractor shall be entirely responsible for their adequacy. G. Forms, including new pre -oiled forms, shall be oiled before reinforcement is placed with an approved non - staining oil or liquid form coating having a non - paraffin base. H. Before form material is re -used, all surfaces in contact with concrete shall be thoroughly cleaned, all damaged places repaired, all projecting nails withdrawn, all protrusions smoothed and in the case. of wood forms pre - oiled. Form ties encased in concrete shall be designed so that after removal of the projecting part, no metal shall be within 1 -inch of the face of the concrete. That part of the tie to be removed shall be at least 1/2 -inch diameter or be provided with a wood or metal cone at lease 1/2 -inch in diameter and 1 -inch long. Form ties in concrete exposed to view shall be the cone - washer type equal to the Richmond "Tyscru ". Throughbolts or common wire shall not be used for form ties. 03300 -8 03 -4197 E 3.07 PLACING AND COMPACTING A. Unless otherwise permitted, the work begun on any day shall be completed in daylight of the same day. B. Concrete is not to be placed until reinforcing steel, pipes, conduits, sleeves, hangers, anchors and other work required to be built into concrete have been inspected and approved by the Engineer. Remove water and foreign matter from forms and excavation. All soil bottom for slabs and footings shall be approved by the Engineer before placing concrete. C. Transport concrete from mixer to place of final deposit as rapidly as practicable by methods which prevent separation of ingredients and displacement of reinforcement, and which avoid re- handling. Partially hardened concrete is not to be used. I. Concrete during and immediately after depositing shall be thoroughly compacted by means of suitable tools. Internal type mechanical vibrators shall be employed to produce required quality of finish. Vibration shall be done by experienced operators under close supervision and shall be carried on long enough to produce homogeneity and optimum consolidation without permitting segregation of the solid 1 06/07 03300 -9 03 -4197 D. "Cold joints" are to be avoided, but if they occur, are to be treated as bonded construction joints. E. At construction joints the surfaces of the concrete already placed, including vertical and inclined surfaces, shall be thoroughly cleaned of foreign materials and laitance, and weak concrete and roughened with suitable tools to expose a fresh face. At least two hours before and again shortly before the new concrete is deposited, the joints shall be saturated with water. After glistening water disappears, the joints shall be given a thorough coating of neat cement slurry mixed to the consistency of very heavy paste. The surfaces shall receive a coating at least 1/8 -inch thick, well scrubbed -in by means of stiff bristle brushes whenever possible. New concrete shall be deposited before the neat cement dries. F. Deposit concrete to maintain, until the completion of the unit, a horizontal plastic Vertical surface. lifts shall not exceed 24- inches and preferably 18- inches. G. Chutes for conveying concrete shall be of U- shaped designed and sized to insure a continuous flow of concrete. Flat (coal) chutes shall not be employed. Chutes shall be metal or metal -lined and each section shall have approximately the same slope. The slope shall not be less than 25 nor more than 45 degrees from the horizontal and shall be such as to prevent the segregation of the ingredients. The discharge end of the chute shall be provided with a baffle plate or spout to prevent segregation. If the discharge end of the chute is more than 5 feet above the surface of the concrete in the forms, a spout shall be used, and the lower end maintained as near the surface of deposit as practicable. When the operation is intermittent, the chute shall discharge into a hopper. Chutes shall be thoroughly cleaned before and after each run, and the debris and any water shall be discharged outside the forms. Concrete shall not be allowed to flow horizontally over distances exceeding 5 feet. H. In thin sections of considerable height, concrete shall be placed using suitable hoppers, spouts with restricted outlets, or otherwise, as required or approved. I. Concrete during and immediately after depositing shall be thoroughly compacted by means of suitable tools. Internal type mechanical vibrators shall be employed to produce required quality of finish. Vibration shall be done by experienced operators under close supervision and shall be carried on long enough to produce homogeneity and optimum consolidation without permitting segregation of the solid 1 06/07 03300 -9 03 -4197 IVI IL4 constituents of "pumping" or migration of air. All vibrators shall be supplemented by proper wooden spade puddling adjacent to forms to removed included bubbles and honeycomb. This is essential for the top lifts of walls. All vibrators shall travel at least 10,000 rpm and be of adequate capacity. At least one vibrator shall be used for every 10 cubic yards of concrete placed per hours. In addition, one spare vibrator in operating condition shall be on the site. Concrete slabs on the ground shall be well- tamped into place and foundation material shall be well- tamped, and rolled until thoroughly compacted prior to placing concrete. K. Concrete shall be deposited continuously in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams and planes of weakness within the section. If a section cannot be placed continuously, construction joints may be located at points as provided for in the Drawings or approved by the Engineer. 3.08 CURING AND PROTECTION A. Protect all concrete work against injury from the elements and defacements of any nature during construction operations. Special curing procedures shall be implemented as described herein to minimize the cracking of concrete in water retaining structures. B. Concrete placed at air temperature below 40 degrees F shall have a minimum temperature of 60 degrees F. When the air temperature is below 40 degrees F and falling, the water and aggregates shall be heated before mixing. Accelerating chemicals shall not be used prevent freezing. All concrete shall be so protected that the temperature at the surface will not fall below 50 degrees F for at least 7 days after placing. The Contractor shall submit for approval by the Engineer the methods he proposes to use against low temperatures. No salt, manure, or other chemicals shall be used for protection. C. All concrete, particularly exposed surfaces, shall be treated immediately after concreting or cement finishing is completed to provide continuous moist curing above 50 degrees F for at least 7 days, regardless of the ambient air temperature. Walls and vertical surfaces may be covered with continuously saturated burlap, or other approved means; horizontal surfaces, slabs, etc., shall be ponded to a depth of 1/2 inch or kept continuously wet by use of wet burlap. 1. Slabs of water retaining structures shall be wet cured continuously with wet burlap or other approved means for a minimum of 14 days if Type II cement is used for 3 days if Type III cement is used. 2. Walls of water retaining structures shall have all their exposed surfaces covered from direct sunlight and forms left in place for a minimum of 3 days. Curing shall commence within four hours after concrete placement. D. In cold weather supplementary continuous warm curing (above 50 degrees F) shall provide a total of 350 -day degrees (i.e., 5 days 70 degrees F, etc.) of heat. E. In hot weather, concrete when deposited shall have a placing temperature which will not cause difficulty from loss of slump, flash set or formation of cold joints. In no case shall the temperature of concrete being placed exceed 90 degrees F. F. Finished surface and slabs shall be protected from the direct rays of the sun to prevent checking and crazing. 16101 03300 -10 03 -4197 3.09 REMOVAL OF FORMS A. Except as otherwise specifically authorized by the Engineer, forms shall not be removed before the concrete has cured as specified above in subparagraph 3.08C and the concrete has attained a strength of at least 30 percent of the ultimate strength prescribed by the design, and not before reaching the following number of day- degrees (whichever is the longer): Forms for Day- Degree* Beams and slabs 500 Walls and vertical surfaces (non -water retaining) 100 Walls and vertical surfaces (water retaining) 150 *Day - degree: Total number of days times average daily air temperature at surface of concrete. For example, 5 days at a daily weighted average temperature of 60 degrees F equal 300 day- degrees. Temperatures below 50 degrees F not to be included. B. Shores shall not be removed until the concrete has attained at least 60% of the specified strength and also sufficient strength to support safely its own weight and the construction live loads upon it, but concrete shall be minimum age of 14 days before such removal. 3.10 'FAILURE TO MEET REQUIREMENTS A. Should the strengths shown by the test specimens made and tested in accordance with the above provision fall below the values given in Table A, the Engineer shall have the right to require changes in proportions as outlined above to apply to the remainder of the work. Furthermore, the Engineer shall have the right to require additional curing on those portions of the structure represented by the test specimens which failed, the cost of such additional curing to be at the Contractor's expense. In the event that such additional curing does not give the strength required, as evidenced by core and /or load tests, the Engineer shall have the right to require strengthening or replacement of those portions of the structure which fail to develop the required strength. The cost of all such core borings and /or load tests and any strengthening or concrete replacement required because strengths of test specimens are below that specified, shall be entirely at the expense of the Contractor. In such cases of failure to meet strength requirements the Contractor and Engineer shall confer to determine the adjustment, if any, can be made in conformity with Sections 16 and 17 of ASTM Specification C94 for Ready -Mixed Concrete. B. When the tests on control specimens of concrete fall below the required strength, the Engineer will permit check tests for structure in accordance with ASTM Methods C42 and C39. In case of failure of the latter, the Engineer, in addition to other recourses, may require, at the Contractor's expense, load tests on any one of the slabs, beams, and columns in which such concrete was used. Test need not be made until concrete has aged 60 days. C. Slabs or beams, under load test, shall be loaded with their own weights plus a super- imposed load of 2 times design live load. The load shall be applied uniformly over portion being tested in approved manner, and left in position for 24 06/07 03300 -11 03 -4197 hours. The structure shall be considered satisfactory if deflection "D" in feet, at end of 24 -hour period does not exceed value: D equals 0.001 (L x L) /t in which "L" is span in feet, "t" is depth of slab or beam in inches. D. If deflection exceeds "D" in the above formula, the concrete shall be considered faulty unless within 24 hours after removal of the load, slab or beam under test recovers at least 75% of observed deflection. E. Should the strength of test cylinders fall below 60% of the required minimum 28 day strength, the concrete shall be rejected and shall be removed and replaced. 3.11 PATCHING AND REPAIRS A. It is the intent of these Specifications to require that forms, mixture of concrete and workmanship shall be such that concrete surfaces, when exposed, will require minimal finishing as specified in Paragraph 3.05 above. B. As soon as the forms have been stripped and the concrete surfaces exposed, fins and other projections shall be removed, recesses left by the removal of form ties (except where ties are left in place during sandblasting) shall be filled and surface defects which do not impair structural strength shall be repaired. Clean all exposed concrete surfaces and adjoining work stained by leakage of concrete, to approval of the Engineer. C. Immediately after removal of forms remove plugs and break off metal ties as required by Paragraph 3.06. Holes are then to be promptly filled upon- stripping as follows: Moisten the hole with water, followed by a 1/16 inch brush coat of neat cement slurry mixed to the consistency of a heavy paste. Immediately plug the holes with 1 1.5 mixture of cement and concrete sand mixer slightly damp to the tough (just short of "balling "). Hammer the grout into the hole until dense, and an excess of paste appears on the surface in the form of a spider web. Trowel smooth with heavy pressure. Avoid burnishing. D. Rub lightly with a fine carborundum stone at an age of I to 5 days if necessary to bring the surface down with the parent concrete. Exercise care to avoid damaging or straining the virgin skin of the surrounding parent concrete. Wash thoroughly to remove all rubbed matter. E. Defective concrete and honeycombed areas shall be chipped reasonably square and at least 1 inch deep to sound concrete by means of hand chisels or pneumatic chipping hammers. Irregular voids or surface stones need not be removed ifthey are sound, free of laitance, and firmly embedded in the parent concrete, subject to Engineer's final inspection. If honeycomb exists around reinforcement, chip to provide a clear space at least 3/8 inch wide all around the steel. For areas less than 1 1/2 inch deep, the patch may be made in the same manner as described above for filling for tie holes, care being exercised to use adequately dry (non - trowelable) mixtures and to avoid sagging. Thick repairs will require buildup in successive 1 1/2 inch layers on successive days, each layer being applied(with slurry, etc.) as described above. To aid strength and bonding of the multiplelayer repairs, the Engineer may order the use of Embeco non - shrink, metallic aggregate 06/07 03300 -12 0,4197 by the Master Builders Company, Cleveland, OH or Ironite by Fox Industries, Madison IL as an additive as follows: Material Volumes Weights Cement 1.0 1.0 Embeco 0.15 0.25 Sand 1.5 1.5 F. For very heavy (generally formed) patches; the Engineer may order the addition of pea gravel to the mixture and the proportions modified as follows: Material Volumes Weights Cement 1.0 1.0 Embeco 0.2 0.33 Sand 1.0 1.0 Pea Gravel 1.5 1.5 G. In cases where the Embeco is employed in multiple patches and a rusty finish is not desired on the surface, such as exposed faces of walls, etc., the final layer (or at least the final 1/2 inch) shall be composed of the 1 1.5 grout without Embeco. After hardening, rub lightly as described above for form tie holes. 3.12 INSTALLATION SCHEDULE A. Concrete for all structures shall have minimum compressive strength at 28 days of 3000 psi unless otherwise indicated on the drawings. 3.13 FIELD CONTROL A. The Contractor shall advise the Engineer of his readiness to proceed at least one working day prior to each concrete placement. The Engineer will inspect the preparations for concreting including the preparation of previously placed concrete, the reinforcing and the alignment and tightness of formwork. No placement shall be made without the prior approval of the Engineer. B. The Engineer may have cores taken from any questionable area in the concrete work such as construction joints and other locations as required for determination of concrete quality. The results of tests on such cores shall be the basis for acceptance, rejection or determining the continuation of concrete work. C. The Contractor shall cooperate in obtaining cores by allowing free access to the work and permitting the use of ladders, scaffolding and such incidental equipment as may be required. The Contractor shall repair all core holes to the satisfaction of the Engineer. The work of cutting and testing the cores will be at the expense of the Owner if cores test satisfactorily and will be at the expense of the Contractor if cores test unsatisfactorily. END OF SECTION 06/07 03300 -13 03 -4197 ACORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/12/2007 PRODUCER Phone: (813) 988 -1234 Fax: 813- 988 -0989 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ASSOCIATES AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .PO BOX *16190 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11470 N. 53RD ST. ALTER THE COVERAGE AFFORDED BY THE Pnt IrIF9 IRFLOW GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR 20698033 TEMPLE TERRACE FL 33687 06/25/08 INSURERS AFFORDING COVERAGE NAIC # Agency Lic #:R001766 $ 300 , ODO MED. EXP (Any one person) INSURED INSURER A: SOUTHERN OWNERS INSURANCE CO $ 1,000,000 INSURER B: AUTO OWNERS INSURANCE CO. TENEX ENTERPRISES INC 850 SW 14 COURT POMPANO BEACH FL 33060 INSURER C: PRODUCTS - COMP /OP AGG. $ 3,000,000 INSURER D: INSURER E: LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4732811101 CnVFRAGFS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADUL INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD /YY LIMITS A AGENTS OR REPRESENTATIVES. GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR 20698033 06/25/07 06/25/08 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED ES (Ea . ,ence PREMIS o $ 300 , ODO MED. EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO POLICY JECT LOC PRODUCTS - COMP /OP AGG. $ 3,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4732811101 06/25/07 06125/08 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ 7 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS / UMBRELLA LIABILITY X OCCUR ❑ CLAIMS MADE DEDUCTIBLE X RETENTION $ 10,000 4732811102 06/25/07 06/25/08 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ $ Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below - we STATI OTHER TORY LIMITT S E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT $ OTHER: DE SCRIPTION OF OPERATIONS /LOCA IONS/VEHICLES /EXCL SIONS ADDED BY NDORSEMENT/ SPECIAL PROVISIONS Job name: City of Sunny Isles, 172NS Street Roadway-IMP-July 17 City of Sunny Isles Beach and Calvin- Giordano & Associates are additional insureds. ' CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) Certificate # 134841 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO City of Sunny Isles DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 18070 Collins Avenue, suite #250 AGENTS OR REPRESENTATIVES. Sunny Isles, FI 33160 AUTHORIZED REPRESENTATIVE Attention: Bill Owen ACORD 25 (2001/08) Certificate # 134841 © ACORD CORPORATION 1988 LU I W Yf 4 V U r LnU Lc: » rrsA OLJOQ J7 >LL C"Lilc l7LuUj, ran ACOi4D.M CERTIFICATE OF LIABILITY INSURANCE 10/ 007Y' PRODUCER (813) 890 -0415 FAX: (813) 885 -4311 Prime Group Insurance Services THIS CER7IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5440 Beaumont Center Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite #445 Tampa FL 33634 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: AmCOMP Preferred Ins. Co. INSURERB: Tenex Enterprises, Inc. INSURER C: 850 S.W. 14th Court INSURER D: Pampano Beach, FL. 33060 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDOJYY POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ AMAG PREMISES Ea occurrence) D $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE FI OCCUR MED EXP (An one person $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ FEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ - POLICY PRO CT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON - OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE X TORY LIMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE$ 100,000 OFFICERIMEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONSbefow WCV7061482 6/30/2007 6/30/2008 E.L. DISEASE- POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS City of Sunny Isles 18070 Collins Avenue Sunny Isles Beach, FL a111W-ra•1cl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 33160-2723 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE �. Ed Ellsasser r��yr ter' AcORD Z5 (ZO01108) ©ACORD CORPORATION 1988 ir,ren ,3 r,,. —no_ Pane 1 Ml lv/ VY14VU1 inu L4; jv rk1A 612 0 0 74311 rLlmU vroup rax b IMPORTANT wjvve-i vvt If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract be the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25 (2001/08) INS025 (0108).08a Peoe 2 of 2 www.sunbiz.org - Department of State i Home Contact Us E- Filing Services Previous on List Next on List Events No Name History Detail by Entity Name Florida Profit Coraoration TENEX ENTERPRISES, INC. Filing Information Document Number P98000001618 FEI Number 522069619 Date Filed 01/07/1998 State FL Status ACTIVE Last Event CANCEL ADM DISS /REV Event Date Filed 10/20/2004 Event Effective Date NONE Principal Address 850 SW 14TH COURT POMPANO BEACH FL 33060 Changed 01/30/2007 Mailing Address 850 SW 14TH COURT POMPANO BEACH FL 33060 Changed 01/3012007 Registered Agent Name & Address FOULADI, HAMID 850 SW 14TH COURT POMPANO BEACH FL 33060 Name Changed: 05/19/2000 Address Changed: 01/30/2007 Officer /Director Detail Name & Address Title P FOULADI, HAMID 850 SW 14TH COURT POMPANO BEACH FL 33060 Annual Reports Report Year Filed Date 2005 05/06/2005 Document Searches Return To List Page 1 of 2 Forms Help Entity Name Search www.sunbiz.org - Department of State . . _ M 2006 03/22/2006 2007 01/30/2007 Document Images 01/30/2007 — ANNUAL REPORT 03/22/2006 -- ANNUAL REPORT 05/06/2005 — ANNUAL REPORT 10/20/2004 — REINSTATEMENT 03/17/2003 -- ANNUAL REPORT 04/18/2002 -- ANNUAL REPORT 02/03/2001 --ANNUAL REPORT 05/19/2000 -- ANNUAL REPORT 03/10/1999 -- ANNUAL REPORT 01/07/1998 — Domestic Profit Note: This is not official record. See documents if question or conflict. Home Contact us Document Searches E- Filinq Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Page 2 of 2 http: / / www.sunbiz.org/ scripts /cordet.exe ?action= DETFIL &inq doc number= P98000001... 10/15/2007 CERTIFICATE OF COMPETENCY a `: Yf1i�V Detach and SIGN the reverse side of this COUNTY card IMMEDIATELY upon receipt! You should carry this card with you at all times. 0 FOULADi, HAMID 10037 N SPRING WAY CORAL SPRINGS FL 33076 ,y `BROWARD COUNTY,: FLORIpA f CERTIFICATE OF COMPETENCY tiN UCC# 3A INAJOR ROADS ASPHALT AND CQN� €; � M1 r� FOULADI, HAMID QUALIFYING ' .P► ",�_ TENEX ENTERPRISES iNC fl 850 S1N 14 'CT "J POMPANO' BEACH FL 330608526 � , DCRtRES 08/31/2008 y `,