HomeMy WebLinkAboutBid Specifications
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CITY OF SUNNY ISLES BEACH
Town Center Park Lighting Improvements
Prepared by:
f Calvin, Giordano ~ Associates, Inc.
.EXCEPTIONAl SOLUTIONS
CGA Project No. 06-5723
City of Sunny Isles Beach Bid No. 08-05-01
April 2008
~~~l~~ING PURPOSES ONJL1l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CITY OF SUNNY ISLES BEACH
Town Center Park
Lighting Improvements
Contract Documents
and
Specifications
i
j Calvin, Giordano ~ Associates, Inc.
~EXCEPTIONAl SOLUTIONS
!
~
CGA Project No. 06-5723
City of Sunny Isles Beach Bid No. 08-05-01
April 2008
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TABLE OF CONTENTS
TOWN CENTER PARK LIGHTING IMPROVEMENTS
CGA Project No. 06-5723
City of Sunny Isles Beach Bid No. 08-05-01
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
CONTRACT
DOCUMENTS
00004
00020
00100
00300
00401
00402
00403
00420
00500
00600
00601
00650
00700
00800
00900
List of Drawings
Notice to Bidders
Instructions to Bidders
Bid Form
Bid Bond
Public Entity Crimes Affidavit
Trench Safety Act
Information Required from Bidders
EJCDC Standard Form of Agreement
Payment Bond
Performance Bond
Acknowledgment of Conformance with O.S.H.A. Standards
General Conditions
Supplementary Conditions
Addenda
SPECIFICA TIONS
DIVISION 1 - GENERAL REQUIREMENTS
01010
01015
01025
01030
01050
01370
01410
01505
01510
01532
01540
01550
01570
04/08
Summary of Work
General Requirements
Measurement for Payment
Special Project Procedures
Field Engineering
Schedule of Values
Testing and Testing Laboratory Services
Control of Work
Temporary Utilities
Tree and Plant Protection
Security
Site Access and Storage
Traffic Regulation
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
01600
01701
01720
01740
Material and Equipment
Project Closeout
Project Record Documents
Warranties and Bonds
DIVISION 2 - SITE WORK
02100
02200
02276'
02484
02487
02510
02817
Site Preparation
Earthwork
Temporary Erosion and Sedimentation Control
Soil Preparation and Soil Mixes
Sodding
Walkways
Clearing and Grubbing
DIVISION 3 - CONCRETE
03251
03300
Joints
Cast - in - Place Concrete
DIVISION 4 - 16
Not Applicable
04/08
II
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
D
I
I
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.
TOWN CENTER PARK LIGHTING IMPROVEMENTS
CGA Project No. 06-5723
City of Sunny Isles Beach Bid No. 08-05-01
Sealed bids for the construction of the Town Center Park Lighting Improvements
consisting of furnishing lighting throughout the park in accordance with
requirements of the Contract Documents 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 10:30 am, on Monday, May 19, 2008
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.
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 or $5,000.000,
whichever is less, must accompany the Bid in accordance with the Instructions to
Bidders.
The contract will be awarded by the Owner to the lowest responsible and
responsive bidder whose bid best serves the interests of, and represents the best
value to, the Owner pursuant to the criteria set forth in Section 62-8 of the Code of
the City of Sunny Isles Beach. Price is only a factor in determining the lowest
responsible and responsive bidder.
04/08
00020-1
06-5723
I
I
I
II
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 inforrnation, 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:
April 17, 2008
END OF DOCUMENT
04/08
00020-2
06-5723
I
I
I
I
R
I
D
I
I
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 by the Engineer prior to 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.
I
I
I
I
I
I
I
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
City Clerk 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. Town Center Park lighting Improvements
Bid No. 08-05-01
CGA Project No. 06-5723
3. EXAMINATION OF DOCUMENTS AND SITE
I
I
I
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.
04/08
00100-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
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.
6.
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.
04/08
00100-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
6.3
6.4
Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a.
b.
Reason to believe that collusion exists among Bidders.
Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records, or
other questionnaires.
The Bidder's uncompleted work load which in the judgment of the
Owner, may cause detrimental impact on prompt completion of this
project.
The Bidder is involved in any litigation against the Owner.
The Bidder has defaulted on any previous contract or is in arrears on
any existing contract.
The submittal of more than one proposal from an individual, firm,
partnership, corporation or association under the same or different
names.
The Bidder, or its principals, have outstanding code enforcement
violations with the City of Sunny Isles Beach.
c.
d.
e.
f.
g.
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.
7. PERFORMANCE OF WORK BY CONTRACTOR:
I
I
I
8.
I
I
I
I
04/08
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.
BID PREPARATION
8.1
8.2
Prepare bids on the forms provided by the Engineer with all blanks on the Bid
Form filled in by typewriter or written in ink.
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.
00100-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
9.
10.
I
I
I
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.
8.4 Bids shall include documentation required by the Florida "Trench 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.
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.
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.
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.
04/08
001 00-4
06-5723
I
I
I
I
I
I
I
11 .
I
I
I
I
I
I
I
I
I
I
I
I
12.
13.
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.
MODIFICATION AND WITHDRAWAL OF BID
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.
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.
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.
L10UIDA TED 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.
15.
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:
04/08
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
00100-5 06-5723
I
I
I
I 15.2
I
15.3
I
I 15.4
I
I
I
I
I
I
I
I
I
I
I
I 04/08
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.
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.
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.
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.
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.
a. The Surety Company shall have at least the following minimum
ratings:
Amount of Bond Policyholder' s Ratin~ Financial Size Cate~ory
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.
00100-6
06-5723
I
I
I
I
I
I
I
I
16.
17.
I
I
I
I
I
I
I
I
I
I
I
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.
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.
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.
18.2 It is the intent of the Owner to award a Contract to the lowest responsible
and responsive bidder whose bid best serves the interests of I and represents
the best value to, the Owner pursuant to the criteria set forth in Section 62-
8 of the City Code of Sunny Isles Beach, and whose Bid is in conformance
with the Bidding Documents and does not exceed the funds available. Price
is only a factor in determining the lowest responsible and responsive bidder.
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.
04/08
001 00- 7
06-5723
I
I
I
I
I
I
I
I
I
I
I
19.
I
I
I
I
I
I
I
I
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
and responsive bidder whose bid best serves the interests of, and represents
the best value to, the Owner pursuant to the criteria set forth in Section 62-
8 of the City Code of Sunny Isles Beach, 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 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.
18.6 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.
18.7 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.
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
04/08
001 00-8
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 00300
BID FORM
Bid of
Address
Phone
To furnish all materials, equipment and labor and to perform all work in accordance
with the Contract Documents for construction of: TOWN CENTER PARK LIGHTING
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 and responsive bidder whose bid best serves the interest
of, and represents the best value to, the Owner pursuant to the criteria set forth in
Section 62-8 of the City Code, and that 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. Bidder acknowledges that price
is only a factor in determining the lowest responsible and responsive bidder.
04/08
00300-1
06-5723
I
I
TOWN CENTER PARK LIGHTING IMPROVEMENTS
I UNIT PRICE BID SCHEDULE
I item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. GENERAL
I 1. Mobilization per FDOT (< 5%) LS
2. Maintenance of Traffic Per FDOT
including barricades, barriers, arrow
I panels, etc. as required. LS
3. Pollution Prevention and Sediment
Control LS
I SUBTOTAL $
I II. Electrical
A Luminaires
I 3. Bollard Lights 51 EA
4. Park 12" Light Fixtures 6 EA
I B Electrical Materials
I 5. Sch 40 PVC Conduit and Fittings, to
include trenching, backfill, and
restoration to existing or improved
I conditions. 1600 LF
6. Copper Wiring 4800 LF
7. Panel Board 1 EA
I 8. Lighting Contactor 3 EA
9 Time Clock 2 EA
I 10. Stainless Steel Wire way 1 LF
SUBTOT AL ELECTRICAL $
I III. Contingency
LS $10,000.00 $10,000.00
I TOT AL BASE BID (Item I Thru III) $
I (Written)
I (Authorized Signature) (Date)
I 04/08 00300-2 06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount
of $ 5% of the bid or $5,000.00, whichever is less made payable to the Owner
vvhich 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 lQ days after the date of
written Notice to Proceed, and further agrees to substantially complete the work
within 60 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 90 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 $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 $500.00 per calendar day.
04/08
00300-3
06-5723
I
DOCUMENT 00401
I
BID BOND
BIDDER (Name and Address):
I
I
SURETY (Name and Address of Principal Place of Business):
I
OWNER (Name and Address):
I
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
I
BID
I
BID DUE DATE:
PROJECT (Brief Description including Location):
Town Center Park Li~htin~ Improvements
17200 Collins Avenue
Sunny Isles Beach, Florida
I
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
I
I
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.
I
BIDDER
SURETY
I
(Seal)
(Seal)
Bidder's Name and Corporate Seal
Surety's Name and Corporate Seal
I
By:
By:
Signature and Title
Signature and Title
(Attach Power of Attorney)
I
Attest:
Attest:
Signature and Title
Signature and Title
I
Note:
(1 )
(2)
Above addresses are to be used for giving required notice.
Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
I
I
I
04/08
00401-1
06-5723
I
I
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.
I
I
I
I
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.
I
I
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).
I
I
I
I
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.
I
I
I
I
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.
I
I
04/08
I
00401-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 OATHS.
1 . This sworn statement is submitted to
[print name of the public entity]
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
whose business address is
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.
I understand that a "public entity crime" as defined in Paragraph 287.133(1 JIg), 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.
I 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.
I 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.
I 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.
04/08
00402-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity 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 THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this
day of
,20_
Personally known
OR Produced identification
Notary Public - State of
(Type of identification)
My commission expires
(Printed typed or stamped
commissioned name of notary public)
04/08
00402-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DOCUMENT 00403
TRENCH SAFETY ACT
(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
Measure
(Description)
Unit of
Measure
(LFSF)
Unit
(Quantity)
Unit
Cost
Extended
Cost
A.
B.
C.
D.
Total $
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 are included in his bid
package.
Signature of Bidding Contractor
END OF DOCUMENT
04/08
00403-1
06-5723
I
I
DOCUMENT 00420
I
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
I
The Bidder shall furnish the following information. Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
I
1.
Contractor' s Name/Address:
I
2.
Contractor's Telephone Number:
I
3.
Contractor's License:
Primary Classification:
I
4.
Number of years as a Contractor in construction work of the type involved in this Contract:
I
5.
List the names and titles of all officers of Contractor's firm:
I
I
I
6.
Name of person who inspected site or proposed work for your firm:
I
Name:
Date of Inspection:
I
7.
What is the last project of this nature you have completed?
I
8.
Have you ever failed to complete work awarded to you; if so, where and why?
I
I
I
I
04/08
00420-1
06-5723
I
I
9.
Name three individuals or corporations for which you have performed work and to which you
refer:
I
I
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).
D
I
NAME
OF
PROJECT
CITY
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
I
I
(Continue list on inset sheet, if necessary)
I
11 .
What equipment do you own that is available for the work?
I
I
12. What equipment will you purchase for the proposed work?
I
I
NOTE: Attach additional sheets if required.
I
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.
I
I
I
I
I
04/08
00420-2
06-5723
I
I
LIST OF SUBCONTRACTORS
I
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.
I
Work to be Performed
Subcontractor' s Name/Address
I
1.
I
2.
I
3.
I
I
4.
I
5.
I
6.
I
7.
I
I
8.
I
9.
I
10.
I
NOTE: Attach additional sheets if required.
I
I
04/08
00420-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 20_ by and between
CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and
(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:
Town Center Park Liqhtinq Improvements
Furnishinq Liqhtinq Throuqhout the Park
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 be substantially completed within 60 calendar days after the date when the
Contract Times commence to run completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 90 calendar days after the date when the
Contract Times commence to run.
3.2. L1QUIDA TED 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 Five
Hundred and 00/100 dollars ($500.00) 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 Five Hundred
and 00/100 dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
04/08 Final Version
00500-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 below:
FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
(use words)
($
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.B 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.
~ % 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.
I
I
I
.J!L % (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
FOOT 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
04/08 Final Version
00500-2
06-5723
I
I
I
I
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.
I
I
I
I
I
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance 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.
I
I
I
I
I
I
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
4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 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.
I
I
I
I
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.
04/08 Final Version 00500-3 06-5723
I
I
I
I
I
I
I
I
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-1.Q. 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 ~ pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 00700-1 to 00700-43, inclusive).
8.6. Supplementary Conditions (pages 00800-1 to 00800-14, inclusive) and any amendments
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.
I
I
I
8.9.
Addenda No.
inclusive.
8.10.
CONTRACTOR's Bid.
8.11.
Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A
inclusive ).
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.
I
I
I
I
I
I
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 ~ 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 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
Article 9. MISCEllANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
I
I
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
04/08 Final Version
00500-4
06-5723
I
I
I
I
I
I
I
I
I
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
DESCRIPTION
SHEET NO.
E101 Power Plan
E102 Electrical Riser and Panel Schedules
I
I
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
I
I
I
I
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 anyone 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 anyone
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.
I
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 lace 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.
I
I
I
04/08 Final Version
00500-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
, 20_ (which is the Effective Date of the Agreement).
ATTEST:
By
[CORPORATE SEAL]
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
SIGNATURE PAGE FOR CONTRACTS/AGREEMENTS
04/08 Final Version
00500-6
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 ; and CONTRACTOR authorized to execute
same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Edelcup, Mayor
_day of
,2008
Jane Hines, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
A. John Szerlag, City Manager
_day of
,2008
By:
Hans Ottinot, City Attorney
_day of
,2008
(CITY SEAL)
04/08 Final Version
00500-7
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
that
Dade County Florida for
IS
behalf of the Corporation.
, City Bid No.
of said Corporation with full authority to sign said Bid on
Signed and sealed this _ day of
,20_.
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
,20_.
My Commission Expires:
Notary Public
04/08 Final Version
00500-8
06-5723
I
I
I
I
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I,
, certify that I am the
of
who signed the Bid with City of Sunny Isles Beach, 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)
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
(Signature)
(Typed Name w/Title)
Signed and sealed this _ day of
,20_.
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
,20_.
My Commission Expires:
Notary Public
04/08 Final Version
00500-9
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
THIS PAGE INTENTIONALLY LEFT BLANK
04/08 Final Version
00500-1 0
06-5723
I
I
I
I
I
I
I
I
I
Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
TOWN CENTER PARK LIGHTING IMPROVEMENTS
17200 Collins Avenue
City of Sunny Isles Beach
I
I
I
I
I
I
I
I
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
I
I
04/08 00600-1
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.
06-5723
I
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. Payor 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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 shajj 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 pan 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.
I
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
I
I
I
04108 00600-2
EJCDC No. 191O-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.
06-5723
I
I
I
I
I
I
I
Construction Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
I
I
I
I
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
TOWN CENTER PARK LIGHTING IMPROVEMENTS
17200 Collins Avenue
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
I
I
I
I
I
I
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
I
I
04/08 00601-1
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.
06-5723
I
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.
I
I
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
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
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
Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors: or
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
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 defaul t on this Bond fi fteen
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,
I
I
I
3.2.
I
3.3.
I
I
4.2.
4.3.
I
I
I
4.4.
I
I
I
I
without further notice the Owner shall be entitled to enforce any remedy
a vailable 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 here from 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):
I
I
06-5723
I
04/08 00601-2
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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We acknowledge and agree that as
contractors for the construction of the "Town Center Park Restrooms and Lighting
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 liability or loss the District or the Engineer may incur due to
failure to comply with such act.
ATTEST
CONTRACTOR
By:
ATTEST
Title:
DATE
END OF DOCUMENT
04/08
00650-1
06-5723
I
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
I
I
I
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
I
I
Prepared by
I
ENGJNEERS JOJNT CONTRACT DOCUMENTS COMMITTEE
and
I
Issued and Published Jointly By
I
-------
ACEC
National Society of
~,:off!!!_!!!~~~!~'!.f1l!!~er~
Professional Engineers in Private Practice
lISI'E American Society
~ . ",; of Civil Engineers
A:'IEkICAN (:OU:-<Cl1. OF E~(;I:-;EE1UN(; C0:v11'ANlb
I
I
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NA TlONAL SOCIETY OF PROFESSIONAL ENGINEERS
I
AMERICAN COUNCIL OF ENGINEERING COMPANIES
I
I
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
I
~"tltN
I
The Associated General Contractors of America
I
~ Knowledge for Crealing
~ and Sustaining
the Built Environment
I
Construction Specifications Institute
I
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright i!'J 2002 National Soeiety ofJ>rofessional Engineers for EJCDC. All rights reserved.
00700 - I
04/08
06-5723
I
I
I
I
I
I
I
I
Copyright <<:)2002
I
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
I
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
I
American Society of Civil Engineers
180 I Alexander Bell Drive, Reston, VA 20191-4400
I
I
I
I
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-OO 1) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
I
I
I
I
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 2
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGy..............................................................................................................6
1.01 Defined Terms.. .......... ..... ... ........ ........... ......... .... ........... .............. .......... ............ ....... ........ .... ....................... ............. 6
1.02 Term inology............................................................................................................................... ....,.........................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 Preconstruct ion 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 ................................................................................................................1 0
3.04 Amending and Supplementing Contract Documents..............................................................................................11
3.05 Reuse of Documents....... ......................... ..... ................. .............................. ..... .................... ................ .... .......... .... 11
3.06 Electronic Data................ ........... ............ ... ........ ..... .................. .......... .... ..... .......... .... ..... ........... ..... ........ ... ..........., 11
ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11
4.01 Availability of Lands .............................................................................................................................................. 11
4.02 SubsUlface 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. lOT axes................. ............... ........................ ... ............................ ... ........ ............ .... .... . . ..... . .......... ..... ............ ........... ..22
6,11 Use of Site and Other Areas...........................................,.......................................................................................22
6.12 Record Documents ....... ...... ..... .............. ..... ........ ..... ......... ... ........ .............. ........ .... ....... ..... ... ... ................ ............... 22
6.13 Safety and Protection ......... ........... .............. .......... ............................. .................................. ..........,.... ........... ........ 22
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 3
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
6.14 Safety Representative ....... ........... ..... ... ............ ......... ........ ..... ......... .............. ....... ...... .... ............ .... ...... ...... ....... ...... 23
6.15 Hazard Communication Programs ....... ................... ............. ...... ... .............. .......... ... ... ........... ......... ..... .................23
6.16 Emergencies ........ ....... .... .................. ..... ........ ...... ..... ....... ...... ......... .... ............. ...... ...,..... .......... ........... .... ............ ... 23
6.17 Shop Drawings and Samples .................................................................................................................................23
6.18 Continuing the Work ....................... ..............., ...... ...... ........ ....... ..... ....,. ... ........... ............. .......... ......... ....... ............24
6.19 Contractor's General Warranty and Guarantee....................................................................................................24
6.20 Indemnification.................................................................................................................... ..................................24
6.21 Delegation of Professional Design Services ...............................................................................,..........................25
ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25
7.01 Related Work at Site ..............................................................................................................................................25
7.02 Coordination.....................................................................................................,............. .......................................26
7.03 Legal Relationships.... ........... .......... ...................................... ....... .... ....... ....................... ...... ..... ....... ........ ... ........... 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES... ............. ...... ......... ............. .... ............................. ........ ........... .......... ............ 26
8.01 Communications to Contractor....... ............... ........ .......................... ....... ........ ............. ...,... ....... ... .............. ........... 26
8.02 Replacement of Engineer.. .......... ........ .......... ..... .... ............... ..... ...... ......................... ....... ....... ....... ... ...... ..... .......... 26
8 .03 Furnish Data........................................................................................................................... ...............................26
8.04 Pay When Due .......................................................................................................................................................26
8.05 Lands and Easements; Reports and Tests..............................................................................................................26
8.06 Insurance.......................................................................................................................... .....................................26
8.07 Change Orders .......... ................... .... .......... .................... ......... ........ ..........,.................................... ......... ...... ..... .... 26
8.08 Inspections, Tests, 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<:J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 4
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
14.01 Schedule of Values ............... ....... ............. ........ .......... ....... ...... ..... .... .... .......... ........ ............. ......... .......... ..... ...... .....36
14.02 Progress Payments ..... .... ........ ...... ....... ................ ..... ......., ...... ...... ....... .... ....... ....... ..... ....................... ...... ..... ..... ....36
14.03 Contractor 's Warranty of Title ..... ................ ........... ..... ................... ............... ............... .... ..... .... ........................... 37
14.04 Substantial Completion.... .................... ....., .......,.. ................... ................. .......... .................... .......... ..... ..... ............ 37
14.05 Partial Utilization ............ .......... ....... .......... ..... ........ ............... ................. .............. ....... ...... .......... ....... ....... ...........38
14.06 Final Inspection . ........... ........ ....... ............... .... ..... ........ ............... ...... ....... .................................. ............ ...... .... ...... 38
14.07 Final Payment...................................................................................................................... ..................................38
14.08 Final Completion Delayed. .................... ......... ................................... .... ................ ...... ......... ....... ....... ............ .......39
14.09 Waiver of Claims .... ............... ....................... ......................................... ......... ........ ..................... ............. ............. 39
ARTICLE IS - SUSPENSION OF WORK AND TERMINATION.........................................................................................39
15.01 Owner May Suspend Work ....................................................................................................................................39
15.02 Owner May Terminatefor Cause ..........................................................................................................................39
15.03 Owner May Terminate For Convenience............................................................................................................... 40
15.04 Contractor May Stop Work or Terminate ..............................................................................................................40
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................41
16.0 I Methods and Procedures .......................................................................................................................................41
ARTICLE 17 - MISCELLANEOUS .........................................................................................................................................41
17.0 I Giving Notice ......................................................................................................................................................... 41
17.02 Computation of Times .... ........... ......... ...... ........... .......................................... ..... ............ ....... ............... ............ ...... 41
17.03 Cumulative Remedies ...... ..................................... ................ ......................................................... ......... .......... ...... 41
17.04 Survival of Obligations ...... ........... ....... ............ ........................ .......... ..... ................. ....., ............................ ............41
17.05 Controlling Law...... ......... ....................... .......... ..... ................................. .... ........... ....... .......,...... ........ ...................41
17 .06 Headings. . . .. .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . .. .. .. .. .. .. . . .. .. .. .. . . .. . . . . .. . .. .. . .. .. . .. .. .. . . . . . . . . . . . . . . . .. .. . . . . . . . . 41
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (!') 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 5
04/08
06-5723
I
GENERAL CONDITIONS
I
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
I
1.01 Defined Terms
I
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.
I
I
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.
I
I
2. Agreement-- The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work.
I
3. Applicationfor 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.
I
I
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.
I
I
S. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the Work to be performed.
I
6. Bidder-- The individual or entity who submits
a Bid directly to Owner.
I
7. Bidding Documents-- The Bidding
Requirements and the proposed Contract Documents
(including all Addenda).
I
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.
I
9. Change Order--A document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
or an adjustment in the Contract Price or the Contract
I
Times, issued on or after the Effective Date of the
Agreement.
10. Claim--A demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. Contract-- The entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price-- The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract Times--The number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor-- The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 11.01.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.
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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 6
I
04/08
06-5723
I
which does not involve a change in the Contract Price or
the Contract Times.
I
21. General Requirements--Sections of Division
] of the Specifications. The General Requirements pertain
to all sections of the Specifications.
I
22. Hazardous Environmental Condition-- The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
I
I
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.
I
I
24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
I
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
I
26. Milestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
I
I
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.
I
28. Notice to Proceed--A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
I
I
29. Owner--The individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
I
30. PCBs--Polychlorinated biphenyls.
I
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.
I
32. Progress Schedule--A schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project Manual--The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
35. Radioactive Material--Source, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative-- The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule 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--AIl drawings, diagrams,
illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work.
42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
I
43. Specifications--That part of the Contract
Documents consisting of written requirements for
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ([) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 7
I
04/08
06-5723
I
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
administrative requirements and procedural matters
applicable thereto.
I
I
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.
I
45. Substantial Completion-- The time at which
the Work (or a specified part thereot) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereot) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereot) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
I
I
I
46. Successfitl Bidder-- The Bidder submitting a
responsive Bid to whom Owner makes an award.
I
47. Supplementary Conditions--That part of the
Contract Documents )Vhich amends or supplements these
General Conditions.
I
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
I
I
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.
I
I
I
50. Unit Price Work--Work to be paid for on the
basis of unit prices.
I
51. W ork-- 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.
I
I
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
I
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 tenns "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 detennination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and confonnance 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 tenn or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the perfonnance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
C.Day
1. The word "day" means a calendar day
of24 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 confonn 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <bi 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 8
I
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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, Pe/form, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.0 I 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
ofthem 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
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 com-
mence 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. C0ntractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for tirnely review:
I. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruct ion 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.
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 9
04/08
06-5723
I
2.07
Initial Acceptance of Schedules
I
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 2.0S.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.
I
I
I
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.
I
I
2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
I
I
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.
I
I
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
I
A. The Contract Documents are complementary;
what is required by one is as binding as if required by all.
I
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
I
I
I
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
I
3.02
Reference Standards
I
A. Standards, Specifications, Codes, Laws, and
Regulations
I. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
I. 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.] 6.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
EJCnC C-700 Standard General Conditions of the Construction Contract.
Copyright 11) 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00700 - 10
I
04/08
06-5723
I
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
I
I
B. Resolving Discrepancies
I
I. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
I
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
I
I
b. the provisions of any Laws or Regulations
applicable to the performance of the Work
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
I
I
3.04 Amending and Supplementing Contract
Documents
I
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.
I
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
ofthe following ways:
I
I. A Field Order;
I
2, Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
I
3. Engineer's written interpretation or
clarification.
I
3.05 Reuse of Documents
I
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:
I
I
I. 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.
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 A V AILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVIRONMENTAL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.01
Availability of Lands
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright iD 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 11
I
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 p.erforming
the Work. Owner will obtain in a timely manner and pay
for easements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
B. Upon reasonable written request, Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
I. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
I. 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, opmlOns, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, detennine 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 12
04/08
06-5723
I
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
I
I
a. such condition must meet anyone or more of
the categories described in Paragraph 4.03.A;
and
I
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.
I
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
I
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
I
I
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
I
I
I
c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
I
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.
I
I
I
4.04 Underground Facilities
I
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
I
I
I. 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 al! such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated
I. 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 shaH,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6. 16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shal1 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 wil1 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.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <!d 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 13
I
04/08
06-5723
I
4.05
Reference Points
I
A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel.
I
I
I
I
4.06 Hazardous Environmental Condition at Site
I
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.
I
I
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:
I
I
I
I. 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
I
I
2. other data, interpretations, opmlOns and
information contained in such reports or shown or
indicated in such drawings; or
I
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
I
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
I
I
Suppliers, or anyone else for whom Contractor IS
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
Paragraph 6.l6.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 stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim therefor as provided in Paragraph 10.05.
F. If after receipt of such written notice
Contractor does not agree to resume such Work based on
a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
Owner may order the portion of the Work that is in the
area affected by such condition to be deleted from the
Work. If Owner and Contractor cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 14
I
04/08
06-5723
I
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
quences of that individual's or entity's own negligence.
I
I
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
I
I
I
I
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.
I
ARTICLE 5 - BONDS AND INSURANCE
I
5.01 Pe,formance, Payment, and Other Bonds
I
A. Contractor shall furnish perfonnance and
payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful perfonnance 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.
I
I
I
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 Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
I
I
I
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.B, 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.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
Work being performed and as will provide protection
from claims set forth below which may arise out of or
result from Contractor's perfonnance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be perfonned by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
I. 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;
I
C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes insolvent or
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 15
I
04/08
06-5723
I
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
I
I
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
I
a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
I
b. by any other person for any other reason;
I
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
I
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.
I
B. The policies of insurance required by this
Paragraph 5.04 shall:
I
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
I
I
I
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;
I
I
3. include completed operations insurance;
4. include contractual
covering Contractor's indemnity
Paragraphs 6. I I and 6.20;
liability insurance
obligations under
I
I
I
I
5. contain a provISIon or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
I. include the interests of Owner, Contractor,
Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 16
I
04/08
06-5723
I
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
I
I
I
3. include expenses i.ncurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
I
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;
I
I
5. allow for partial utilization of the Work by
Owner;
6. include testing and startup; and
I
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.
I
I
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.
I
I
I
C. All the policies of insurance (and the certifi-
cates or other evidence thereot) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
I
I
I
I
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 Supple-
mentary Conditions. The risk of loss within such
I
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 Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
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:
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 17
I
04/08
06-5723
I
I. 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
I
I
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.
I
I
I
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
I
I
5.08 Receipt and Application of Insurance Proceeds
I
A, Any insured loss under the . policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order.
I
I
I
I
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 IS 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
perfonnance of such duties.
I
I
I
I
5.09 Acceptance of Bonds and Insurance; Option to
Replace
I
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
Documents, the objecting party shall so notify the other
party in writing within IO days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.0 I.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
pennitted to lapse on account of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
B, At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright i!d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 18
I
04/08
06-5723
I
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.
I
I
6.02 Labor; Working Hours
I
A. Contractor shall provide competent, suitably
qualified personnel to survey and layout the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
I
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.
I
I
I
6.03 Services, Materials, and Equipment
I
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion ofthe Work.
I
I
B. All materials and equipment incorporated into
the Work shall be as specified or, ifnot 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.
E
I
I
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.
I
I
6.04 Progress Schedule
I
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.
I
I. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below.
I. "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.l, 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:
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (j'J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 19
I
04/08
06-5723
I
I
I
I) 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
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.I, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6.05.A.2.d, as
supplemented in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
d. Contractor shall make written application to
Engineer for review of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use. The application:
I) shall certify that the proposed substi-
tute item will:
a) perform adequately the functions and
achieve the results called for by the
general design,
b) be similar In substance to that
specified, and
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all vanatlOns of the proposed
substitute item from that specified, and
b) available engineering, sales,
maintenance, repair, and replacement
servIces;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A
and 6.05.B. 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
I
04/08
06-5723
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 20
I
Paragraphs 6.05.A.2 and 6.05.8 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.
I
I
I
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
I
6.06 Concerning Subcontractors, Suppliers, and
Others
I
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.8), 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.
I
I
I
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the Contract Price will be adjusted by the difference in the
cost occasioned by such replacement, and an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
I
I
I
I
I
I
I
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:
I
I
I. 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
Engineer to payor to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual
or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F, The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer" and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance ofthe Work or the incorporation in the Work
of any invention, design, process, product, or device
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <<J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 21
I
04/08
06-5723
I
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or 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.
I
I
I
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.
I
I
I
I
6.08 Permits
I
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.
I
I
I
6.09 Laws and Regulations
I
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
I
I
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,
I
I
I
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
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 equip-
ment, the storage of materials and equipment, and the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
B. Removal of Debris During Pelformance oj the
Work: During the progress of the Work Contractor shall
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ({j 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00700 - 22
I
04/08
06-5723
I
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.
I
I
C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
I
I
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.
I
I
6.12 Record Documents
I
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
I
I
I
6.13 Safety and Protection
I
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
I
I
1. all persons on the Site or who may be affected
by the Work;
I
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
I
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
I
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
I
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal,
relocation, and replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
ings 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 expressly provided in connection
with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for 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 protec-
tion 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 23
I
04/08
06-5723
I
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.
I
I
6.17 Shop Drawings and Samples
I
A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
I
1. Shop Drawings
I
a. Submit number of copies specified III the
General Requirements.
I
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.l7.D.
I
I
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
I
a. Submit number of Samples specified III the
Specifications.
I
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
I
I
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
I
I
C. Submittal Procedures
I
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
I
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
I
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample
Drawings and Samples
requirements of the Work
Documents.
with other Shop
and with the
and the Contract
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
EJCOC C-700 Standard General Conditions of the Construction Contract.
Copyright ibl2002 National Society of Professional Engineers for EJCOC. All rights reserved.
00700 - 24
I
04/08
06-5723
I
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.
I
I
E. Resubmittal Procedures
I
1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than
the corrections called for by Engineer on previous
submittals.
I
I
6.18 Continuing the Work
I
A. Contractor shall carryon 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.
I
I
6.19 Contractor's General Warranty and Guarantee
I
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.
I
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
I
1. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
I
2. normal wear and tear under normal usage.
I
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:
I
I
I. observations by Engineer;
I
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
I
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 ofa Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 indemnification
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them may be liable.
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 25
I
04/08
06-5723
I
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
I
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
I
6.21 Delegation of Professional Design Services
I
A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
I
I
I
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.
I
I
I
I
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.
I
I
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.
I
I
I
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
I
I
ARTICLE 7 - OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site with Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
I. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
and Owner, if Owner is performing other work with
Owner's employees, proper and safe access to the Site, a
reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work, and shall properly coordinate the Work with theirs.
Contractor shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or
otherwise make its several parts come together and
properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
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,
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 26
I
04/08
06-5723
I
the following will be set forth in Supplementary Condi-
tions:
I
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
I
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
I
3. the extent of such authority and responsibili-
ties will be provided.
I~
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
I
7.03 Legal Relationships
I
A. Paragraphs 7.0l.A and 7.02 are not applicable
for utilities not under the control of Owner.
I
B. Each other direct contract of Owner under
Paragraph 7.0 l.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.
I
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.
I
I
ARTICLE 8 - OWNER'S RESPONSIBILITIES
I
8.0 I Communications to Contractor
I
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
I
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.
I
I
8.03 Furnish Data
I
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
I
8.04
Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed
Condition
Hazardous
Environmental
A. Owner's responsibility in respect to an undis-
closed 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright if) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 27
I
04/08
06-5723
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
EJCDC C-700 Standard General Conditions ofthe Construction Contract.
Copyright <<d 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 28
I
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.
I
I
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
I
9.01
Owner's Representative
I
A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
I
I
9.02 Visits to Site
I
A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will detennine, 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.
I
I
I
I
I
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the perfonnance of the Work.
I
I
I
9.03
Project Representative
I
I
I
04/08
06-5723
provided III the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04
Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent, if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Determinationsfor Unit Price Work
I
A. Engineer will determine the actual quantities
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph] 0.05.
I
I
n
I
9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
I
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
I
I
I
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 ] 0.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph ]0.05.B.
I
I
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.
I
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 Iiab]e in
connection with any interpretation or decision rendered in
good faith in such capacity.
I
I
I
I
I
I
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regu]ations app]icable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph] 4.07.A will only be to determine
generally that their content complies with the require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.0] 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <() 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 29
I
04/08
06-5723
I
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
I
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.
I
I
10.02 Unauthorized Changes in the Work
I
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 13.04.8.
I
I
10.03 Execution of Change Orders
I
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
I
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.0 LA, (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;
I
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
I
I
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 carryon the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
I
I
I
10.04 Notification to Surety
I
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
I
I
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.B. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The
opposing party shall submit any response to 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.
E. Engineer's written action under Paragraph
10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
10.05.0 will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ({;J 2002 National Socicty of Professional Engineers for E.JCDC. All rights reserved.
00700 - 30
I
04/08
06-5723
I
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
I
F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph] 0.05.
I
I
ARTICLE II COST OF THE WORK;
ALLOWANCES; UNIT PRICE WORK
I
11.01 Cost of the Work
I
A. Costs Included: The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.0] .B, 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 ofthe Project, shall include
only the following items, and shall not include any of the
costs itemized in Paragraph 11.0 I.B.
I
I
I
I
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.
I
I
I
I
I
I
I
I
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, 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 I ] .0 I.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and hand tools not owned by
the workers, which are consumed in the perfor-
mance 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 accordance 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 equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright I(J 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 31
I
04/08
06-5723
I
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations,
I
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
licenses.
I
I
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 negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any ofthem 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
detennining Contractor's fee.
I
I
I
I
I
I
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
I
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
i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
I
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
I
I. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.I or specifically covered by
Paragraph 11.01.AA, all of which are to be considered
administrative costs covered by the Contractor's fee.
I
I
I
I
2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.0 1.A and 11.0 1.B.
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee shall
be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.0 1.A and 11.0 1.B, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be performed for such sums and by such persons or
entities as may be acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation, overhead, profit,
and other expenses contemplated for the cash
allowances have been included in the Contract
Price and not in the allowances, and no demand
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 32
I
04/08
06-5723
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
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 33
I
for additional payment on account of any of the
foregoing will be valid.
I
C. Contingency Allowance
I
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
I
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.
I
11.03 Unit Price Work
I
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.
I
I
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 perfonlled by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
I
I
I
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.
I
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
I
]. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
I
I
2. there is no corresponding adjustment with
respect any other item of Work; and
I
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.
I
I
I
04/08
06-5723
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
]2.0] Change o.fContract Price
A. The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12.0 LC.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.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
a. for costs incurred under Paragraphs 11.0 I.A.l
and 11.01.A.2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.0 1.A.3,
the Contractor's fee shall be five percent;
I
by such Subcontractor under Paragraphs
11.01.A.l and 11.0 I.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;
I
I
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.0 1.AA, 11.0 1.A.S,
and 11.01.B;
I
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
I
I
f. when both additions and credits are involved
in anyone change, the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.0I.C.2.a through 12.01.C.2.e, inclusive.
I
I
12.02 Change of Contract Times
I
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 10.0 S.
I
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 ofthis Article 12.
I
I
12.03 Delays
I
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor
as provided in Paragraph 12.02.A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contractors performing other work as contemplat-
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
I
I
I
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
I
I
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, abnonnal
weather conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, then Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment
shall be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to
and within the control of a Subcontractor or Supplier shall
be deemed to be delays within the control of Contractor.
ARTICLE 13 TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access 10 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.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 34
I
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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,
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 35
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.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsible for arranging
and obtaining and shall pay all costs in connection with
any inspections, tests, or approvals required for Owner's
and Engineer's acceptance of materials or equipment to
be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
04/08
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others); and Owner shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement, and
reconstruction. If the 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 o.fDefective Work
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
B. When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.ll.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
I. 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 re-
moved and replaced. All claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
E. Contractor's obligations under this Paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this Paragraph 13.07 shall not be
construed as a substitute for or a waiver of the provisions
of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
Engineer's recommendation of final payment, Engineer)
prefers to accept it, Owner may do so. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price, reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <f) 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 36
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications.
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provid-
ed in Paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14.02 Progress Payments
A. Applications for Payments
materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or
other documentation warranting that Owner has received
the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are
covered by appropriate property insurance or other
arrangements to protect Owner's interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
Contractor stating that all previous progress payments
received on account of the Work have been applied on
account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3, The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
B. Review of Applications
1. Engineer will, within 10 days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return the Application to Contractor
indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
2, Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for 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 indicat-
ed;
b, the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
I. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
EJCDC C-700 Standard General Conditions of thc Construction Contract.
Copyright <<J 2002 National Society of Profcssional Engineers for EJCDC. All rights reserved.
00700 - 37
04/08
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.
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b. that there may not be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor
Engineer's recommendation of any payment, including
final payment, will impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
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 14.02.8.2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due
I. 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 furnish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.5.a through 14.02.B.5.c or Paragraph
15.02A
2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.1.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
00700 - 38
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
B. Promptly after Contractor's notification, ,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in
writing giving the reasons therefor.
C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have seven
days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If, after
consideration of Owner's objections, Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) reflecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
msurance.
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.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 39
04/08
06-5723
I
]4.07 Final Payment
I
A. App]ication for Payment
I
] . 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 Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in
Paragraph 6. ]2), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
I
I
I
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
I
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;
I
b. consent of the surety, if any, to final payment;
I
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
I
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.
I
3. In lieu of the releases or waivers of Liens
specified in Paragraph I4.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against any
Lien.
I
I
I
I
B. Engineer's Review of Application and
Acceptance
I
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 required by the
Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations
under the Contract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final
I
I
App]ication for Payment, indicate in writing Engineer's
recommendation of payment and present the App]ication
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 ]4.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the
necessary corrections and resubmit the App]ication for
Payment.
C. Payment Becomes Due
]. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and , will be paid by Owner to
Contractor.
] 4.08 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 retain age stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.0], the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A, The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the .Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
2, a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
EJCDC C.700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 40
I
04/08
06-5723
2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
E.JCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
00700 - 41
I
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
I
I
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINA TION
15.01 Owner May Suspend Work
I
A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
I
I
I
15.02 Owner May Terminatefor Cause
I
A. The occurrence of anyone or more of the
following events will justify termination for cause:
I
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 Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
I
I
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
I
3. Contractor's disregard of the authority of
Engineer; or
I
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
I
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:
I
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),
I
I
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
I
I
04/08
06-5723
3. complete the Work as Owner may deem
expedient.
e. If Owner proceeds as provided in Paragraph
15.02.B, 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.B and
15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correct its failure to perform and
proceeds diligently to cure such failure within no more
than 30 days of receipt of said notice.
E. Where Contractor's services have been so
terminated by Owner, the termination will not affect any
rights or remedies of Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs IS .02.B, and
15.02.e.
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;
I
fair and reasonable sums for overhead and profit on such
expenses;
I
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
I
I
4. reasonable expenses directly attributable to
termination.
I
B. Contractor shall not be paid on account ofJoss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
I
15.04 Contractor May Stop Work or Terminate
I
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspension or
failure within that time, terminate the Contract and
recover from Owner payment on the same terms as
provided in Paragraph 15.03.
I
I
I
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.
I
I
I
I
I
ARTICLE 16 - DISPUTE RESOLUTION
I
] 6.01 Methods and Procedures
I
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
I
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 10.0S.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.C or a denial
pursuant to Paragraphs 10.05.C.3 or 1 0.05.D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
]. elects in wntmg 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
]7.0] Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
I. delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 42
I
04/08
06-5723
I
17.03 Cumulative Remedies
I
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
I
I
I
17.04 Survival of Obligations
I
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
I
I
I
I
I
I
I
I
I
I
I
I
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
EJCDC C-700 Standard Gcncral Conditions of thc Construction Contract.
Copyright I!) 2002 National Society of Professional Engineers for EJCDC All rights reserved.
00700 - 43
I
04/08
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to Paragraph 1.01.28 entitled "Notice of Award":
"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,
complete 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
Conditions of the Contract and the Specifications.
1.55 Retainage - The percentage of the Contract Price, retained by Owner from
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.
ARTICLE 2 - PRELIMINARY MATTERS
Add 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,"
04/08 Final Version
00800-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
In the first line of Paragraph 2.02. change the term ",..ten..." to read:
" . (6) "
...SIX ....
Delete Paragraph 2.03. and replace with the following:
"The date of commencement of the Work is the date 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:
"..., 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."
Add the following after Paragraph 5.04.B.7.:
04/08 Final Version
00800-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
Including employers liability
limits $1,000,000 each
accident, $1,000,000
disease policy limit,
$1,000,000 disease each
employee
Statutory
2.
Applicable Federal
(e.g. Longshoreman's and/or Maritime)
3.
Employer's Liability
$ 1 ,000,000.00
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)
$ 1 ,000.000.00
2.
Products
Aggregate
Completed Operations $ 1.000,000.00
3. Personal and Advertising Injury (Per $ 1 ,000,000.00
Person/Organization)
4.
Each Occurrence (Bodily Injury and
Property Damage)
$ 1 ,000,000.00
5. Property Damage liability insurance will $ 1,000,000.00
provide Explosion, Collapse and
Underground coverages where
04/08 Final Version
00800-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
applicable.
6, Professional Liability, Errors & Omissions $ 1 ,000,000,00
insurance for architects, engineers and
other consulting professionals
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
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insured's on Contractor's General Liability Policy.
Add the following names:
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
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:
04/08 Final Version
00800-4
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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."
Add the following after Paragraph 6.0B:
"6.0B.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.
6.0B.B. 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").
04/08 Final Version
00800-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.B, add the following sentences:
"The Occupational Safety and Health Administration excavation 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 representative
during the construction period."
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
Replace 13.03.8. 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, change the first line from "If Contractor
fails within a reasonable time after written notice of Engineer..." to read:
04/08 Final Version
00800-6
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
"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 14.02.A3 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
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
04/08 Final Version
00800-7
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
b)
Directive or Written Amendment indicating the parties' agreement
with all or part of such costs for additional Work.
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.
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.C 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.
subtract the aggregate of the previous payments made by the
Owner;
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;
subtract the amounts, if any, for which the Architect has withheld
or nullified Certificate for Payment in accordance with the
provisions of the Contract Documents."
c)
d)
e)
f)
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 payor 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,
04/08 Final Version .
00800-8
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
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.
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
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."
After the least sentence in Paragraph 14.04.B, insert the following:
04/08 Final Version
00800-9
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
"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.B, 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
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.B
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."
04/08 Final Version
00800-10
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.B., insert the following after the words...such excess...;
II.
(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 16 - DISPUTE RESOLUTION
Delete this Article in its entirety.
ARTICLE 17 - MISCELLANEOUS
Add 17.05.B:
"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.
04/08 Final Version
00800-11
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 <2vvner at allY
time upon written notice delivered to the Contractor at its offices at' .,... .
during normal business hours.
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."
END OF DOCUMENT
04/08 Final Version
00800-12
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 _ day of , _, and
CONTRACTOR authorized to execute same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Edelcup, Mayor
_day of
,2008
Jane Hines, City Clerk
Approved as to form and legality by By:
Office of the City Attorney
A. John Szerlag, City Manager
_day of
,2008
By:
Hans Ottinot, City Attorney
ATTEST:
By
[CORPORATE SEAL]
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
_day of
,2008
(CITY SEAL)
04/08 Final Version
00800-13
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
THIS PAGE LEFT INTENTIONALLY BLANK.
04/08 Final Version
00800-14
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 00900
Addendum
to
Contract documents
CITY OF SUNNY ISLES BEACH
TOWN CENTER PARK LIGHTING IMPROVEMENTS
CGA PROJECT NO. 06-5723
CITY BID NO. 08-05-01
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:
All other documents, specifications, drawings, terms and conditions remain the
same.
Bidders must acknowledge receipt of Addendum on Page 00300-4.
END OF ADDENDUM
04/08
00900-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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. Owner Occupancy
E. Work by Others
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. Town Center Park
17200 Collins Avenue
Sunny Isles Beach, Florida
1.04 DESCRIPTION OF CONTRACT
The following is a general list of the work included. It is not intended to be
complete. Consult the contract drawings and specifications for all contract
requirements.
A. Site work: Site preparation, demolition, earth work.
B. Lighting and Electric Modifications and Restoration
D. Sidewalk Construction.
E. Earthwork and Grading.
04/08
01010-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
D
I
I
I
I
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. Coordinate existing water treatment plant retrofit(s) with Owner's
requirements.
1.06 OWNER OCCUPANCY
A. Cooperate with Owner to minimize conflict, and to facilitate Owner's
operations.
B. Schedule the Work to accommodate this requirement.
1.07 WORK BY OTHERS
A. The Contractor is advised that work by others will take place during the
duration of the contract time. It shall be the Contractor's responsibility to
coordinate and schedule all work as not to delay or hinder his work or the
work by others.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01010-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01015
GENERAL REQUIREMENTS
PART 1 - GENERAL
1.01 RELATED REQUIREMENTS
A. General provisions of Contract, including General and Supplementary
Conditions.
B. Requirements for determining completed Work - Section 01025.
1.02 PROJECT DESCRIPTION
A. The Project consists of general construction of a prefabricated restroom
building and new lighting and electrical throughout the park, in the City of
Sunny Isles Beach.
1.03 CONTRACTOR USE OF PREMISES
A. Contractor shall have full use of the premises for construction operations,
including use of the site. The Contractor's use of the premises is limited
only by the Owner's right to perform construction operations with its own
forces or to employ separate contractors on portions of the project.
B. The Contractor shall be responsible for coordinating his daily activities in
conjunction with any Contractors presently working within the City of
Weston.
C. Confine operations to areas within rights-of-way and easements.
D. Keep existing driveways and entrances serving the premises clear and
available to the Owner and the Owner's employees at all times.
1. Do not use these areas for parking or storage of materials.
2. Schedule deliveries to minimize space and time requirements for
storage of materials and equipment on site.
E. Do not dispose of organic and hazardous material on site, either by burial
or by burning.
1.04 ENVIRONMENTAL PROTECTION
A. Provide protection, operate temporary facilities and conduct construction
in ways and by methods that comply with environmental regulations, and
minimize the possibility that air, waterways and subsoil might be
contaminated or polluted, or that other undesirable effects might result.
04/08
01 015-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
B. Environmental Performance: In order to secure approval to proceed with
construction, the Owner committed to comply with terms of an
Environmental Impact Statement. A copy of this Statement shall be
transmitted to the Contractor prior to execution of the Owner-Contractor
Agreement. The Project has been designed and the Contract Documents
prepared with the intention that resulting Work will comply with terms of
that Statement.
1. Before Substantial Completion inspect, test and adjust
performance of every system or facility of the Work to ensure
satisfactory overall performance
2. No later than 30 days after Owner occupancy and use of the
Project, return and again inspect, test and adjust the Work.
Measure lift station performance to demonstrate record
compliance.
3. Submit a report of results to the Owner.
4. Instruct the Owner's operating personnel on operational
requirements needed to maintain compliance.
5. Report performance of completed installations after adjustment that
appear unable to comply with the requirements.
1.05 SUBMITTALS
A. General:. Coordinate preparation and processing of submittals with
performance of construction activities. Transmit each submittal
sufficiently in advance of performance of related construction activities to
avoid delay.
B. Progress Schedule: Fully developed, horizontal bar chart type
Contractor's construction schedule. Revise the schedule after each
meeting or activity, where revisions have been recognized or made. Issue
updated schedules monthly.
C. Daily Construction Report: Record of construction activities and events at
the site; submit two (2) copies to the Engineer at weekly intervals.
D. Shop Drawings: Newly prepared information, drawn to accurate scale. Do
not reproduce Contract Documents or copy standard information as the
basis of Shop Drawings. Standard information prepared without specific
reference to the Project is not considered Shop Drawings.
1. Shop Drawings shall include fabrication and installation drawings,
setting diagrams, schedules, patterns, templates and similar
drawings.
2. Do not use Shop Drawings without an appropriate final stamp
indicating action taken in connection with construction.
04/08
01015-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
E. Product Data: Collect into a single submittal for each element of
construction or system. Includes printed information such as
manufacture's installation instructions, catalog cuts, standard color charts,
roughing-in diagrams and templates, standard wiring diagrams and
performance curves.
F. Samples: Full size, fully fabricated samples cured and finished as
specified and physically identical with the material or product proposed.
G. Submit shop drawings/product data for the following work:
1. Restroom Building
2. Light Fixtures and Materials Used
1.06 QUALITY CONTROL
A. The Contractor shall provide inspections, tests and similar quality control
services, specified in individual Specification Sections and required by
governing authorities, except where they are specifically indicated to be
the Owner's responsibility, or are provided by another identified entity.
1. Costs for these services shall be included in the Contract Sum.
2. The Owner will engage and pay for the services of an independent
agency to perform inspections and tests specified as the Owner's
responsibility.
B. The Contractor is responsible for and shall pay costs of retesting when
required by Engineer or Owner and of additional testing needed or
required by the Contractor.
C. The Contractor shall pay costs for additional trips to the project by the
agency when scheduled times for tests and inspections are canceled and
agency is not notified sufficiently in advance of cancellation to avoid the
trip.
1.07 MATERIAL AND EQUIPMENT
A. Substitutions: After Bidding period, up to 30 days after date of Notice to
Proceed, the Engineer will consider written requests from Contractor for
proposed substitutions of products. Subsequent requests will be
considered only in case of product unavailability or other condition beyond
control of the Contractor. Submit a separate request for each proposed
substitution; 2 copies each on the Substitution Request (SR) available
from the Engineer.
1. Do not order or install substitute products without written
acceptance from the Engineer.
2. Do not imply or indicate substitutions on shop drawings or product
data submittals without a separate formal request.
04/08
01015-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3. Engineer will determine acceptability of substitution.
4. Only one request for substitution for each product will be
considered. If not accepted, Contractor shall provide specified
product.
B. Product selection is governed by the Contract Documents and governing
regulations, not by previous project experience.
1. Where a single or multiple products or manufacturers are named,
provide one of the products indicated or submit a request for
substitution for any product or manufacturer not named.
2. Where the Specifications only require compliance with performance
requirements, an imposed code, standard or regulation, select a
product that complies with the requirements, standards, codes or
regulations specified.
3. Manufacturers named in a Specification section are those
manufacturers considered capable of manufacturing products
conforming to the specified requirements. The naming of a
particular manufacturer does not imply acceptance or approval of
just any standard product of that manufacturer.
1.08 RECORD DOCUMENTS
A. Record construction information and changes on a set of Contract
Drawings and Project Manual, verified and annotated by an independent
Land Surveyor registered in the State of Florida.
B. Keep Record Documents current with construction progress and do not
conceal any work until required information is recorded. Legibly mark to
record actual construction:
1. Horizontal and vertical control location of underground utility piping,
cables and lines referenced to permanent surface improvements.
2. Location of miscellaneous components, secondary systems and
accessories.
3. Elevations of surface improvements and depths of underground
elements of construction.
4. Location and extent of interface with services and existing adjacent
elements.
5. Manufacturer, trade name and catalogue number of each product
and item actually provided.
C. Label each document PROJECT RECORD in 2 inch printed letters
followed by the Contractor's name and address and the signature of the
Contractor's authorized representative. No Record Documents will be
accepted from Subcontractors.
04/08
01015-4
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
D. Submit completed Record Documents to the Engineer pnor to or in
conjunction with request for Substantial Completion. Prior to final
payment, revise Record Documents to show additional information,
construction and changes and resubmit to the Engineer.
1.09 TESTING
A. The Contractor shall obtain the services of a professional testing
laboratory approved by the Engineer to perform the following type of tests
and test frequencies. Copies of all reports are to be sent to the Engineer
as soon as possible.
B. Density tests for trench backfill at the rate of three tests per lift in 1,000
feet of trench.
C. Density tests for subgrade compaction at the rate of three test in 1,000
feet of roadway.
D. Density tests for limerock base at the rate of three tests per day on each
course of completed compacted base.
E. 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.
F. If in the opinion of the Engineer, suitable compaction has not been
achieved around structures, density tests may be required.
G. Concrete compressive strength at the rate of three cylinders per the lesser
of 50 cubic yards or per day.
H. 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.
I. Testing in the County right-of-way shall meet the requirements of Broward
County's "Minimum Standards".
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01015-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01025
MEASUREMENT FOR PAYMENT
P,~.RT 1 - GENERAL
1.01 SCOPE
A. Payment for the various items of the Schedule of Prices, as further
specified herein, shall include all compensation to be received by the
Contractor for furnishing all tools, equipment, supplies, and manufactured
articles, labor, operations, permit fees, licenses, taxes, insurances, bonds,
overhead and retrofit, and incidental appurtenant to the items of work being
described, as necessary to complete the various items of the work all in
accordance with the requirements of the Contract Documents including all
appurtenances thereto, and including all costs of compliance with the
regulations of public agencies having jurisdiction, including Safety and
Health Administration of the U.S. Department of Labor (OSHA). No
separate payment will be made for any item that is not specifically set forth
in the Schedule of Prices, and all costs therefore shall be included in the
prices named in the Schedule for the various appurtenant items of work.
1.02 SCHEDULE OF VALUES
A. Submit schedule on Owner's Standard form, as outlined in Section 01152 -
Applications for Payment.
B. Reference paragraphs 2.6, 2.8 and 14.1 of Section 00700 - General
Conditions.
1.03 LUMP SUM
A. Unless otherwise stated, payment for lump sum items will be based upon
the completion of the entire lump sum item, complete in place, all in
accordance with the requirements of the Contract Documents.
1.04 PAYMENT AND PERFORMANCE BOND
A. Payment of performance bond and payment bond and for consideration for
indemnification of Owner and Engineer as stated under the General
Conditions and Supplementary Conditions shall be included in the Grand
Total Bid.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01025-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01030
SPECIAL PROJECT PROCEDURES
PART 1 - GENERAL
1.01 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 lines so as to avoid damage to the
existing lines. Should damage occur to an existing line, The Contractor
shall repair the line at the no cost to the Owner, except as outlined under
paragraph 4.3.2 of Section 00700 - General Conditions.
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 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 Owner and if so shall be excavated, if necessary, and delivered
to the Owner by a location directed by the Owner. Any equipment or
material not worthy of salvaging, as directed by the Owner, shall be
disposed of by the Contractor at a suitable location.
1.04 MAINTENANCE OF EXISTING WATER AND WASTEWATER FACILITIES
OPERATION
A. The Contractor shall take notice that existing water and wastewater facilities
are operated in the construction area. It is the responsibility of the
Contractor to contact the Owner's utility operator and ascertain the extent of
any specific service area.
B.
The Contractor shall fully cooperate at all times with the Owner in order to
maintain the operation of the existing facilities with the least amount of
interference and interruption possible. Continuous service, public health
and safety considerations shall exceed all others and the Contractor's
schedule, plans and work shall at all times be subject to alteration and
revision if necessary for above considerations.
01030-1 06-5723
04/08
I
I
I
I
I
I
I
I~
II
I
II
II
II
II
I
I
I
I
I
I
C. The Engineer and Owner reserve the right to require the Contractor to work
24 hours per day in all cases where, in their opinion, interference with
operation of the system may result.
D. In no case will the Contractor be permitted to interfere with the existing
system until all materials, supplies, equipment, tools and incidentals
necessary to complete the interfering portion of the work are on the site. All
existing utilities shall be pothole located prior to construction of conflicting
yard piping.
1.05 UTILITY CROSSINGS
A. It is intended that wherever existing utilities such as water, chemical,
electrical or other service lines must be crossed, deflection of the pipe
within recommended limits and cover shall be used to satisfactorily clear the
obstruction unless otherwise indicated on the Drawings. However, when in
the opinion of the Owner or Engineer this procedure is not feasible he may
direct the use of fittings for a utility crossing as detailed on the Drawings. All
existing utilities shall be pothole located prior to construction of conflicting
yard piping.
1.06 CONNECTIONS TO EXISTING SYSTEMS
A. The Contractor shall perform all work necessary to locate, excavate and
prepare for connections to the terminus of the existing mains all as shown
on the Drawings or where directed by the Owner. The cost of this work and
for the actual connection of the existing mains shall be included in the bid
price for the pipe installation and shall not result in any additional cost to the
Owner.
1.07 RELOCATIONS
A. The Contractor shall be responsible for the relocation of structures,
including but not limited to light poles, signs, sign poles, fences, piping,
irrigation 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.
1.08 WARRANTIES
A. All equipment supplied under these Specifications shall be warranted by the
Contractor and the equipment manufacturers for a period of one (1) year,
unless otherwise specified. Warranty period shall commence on the date of
Owner acceptance.
04/08
01030-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.09
1.10
04/08
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. The Contractor shall be responsible for obtaining
equipment warranties in accordance with Section 01740 from each of the
respective suppliers or manufacturers for all the equipment specified under
Divisions 11 through 16.
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 commencing at
the time of equipment delivery at the job site.
HURRICANE PREPAREDNESS PLAN
A. Within thirty 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.
The plan shall detail these measures with specific action items defining
responsible personnel.
B. In the event of inclement weather, or whenever Engineer shall direct;
Contractor will cause Subcontractors to protect carefully the Work and
materials against damage or injury from the weather. If, in the opinion of
the 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.
DISINFECTION
A. The Contractor shall clean, disinfect and bacteriologically test and clear, in
accordance with Chapter 17.22 of the Florida Administrative Code (FAC)
and Section 01721, all water supply facilities affected by this project which
shall come into contact with water being treated or treated water prior to
placing the facility in operation. The above statement shall apply to both
new facilities installed, and existing facilities which are to be modified.
B. The Contractor shall employ a disinfection method approved by the
Engineer and Owner, and shall fully satisfy the Owner that adequate
disinfection has been achieved prior to placing a facility on line.
01030-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.11 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
04/08
01030-4
06-5723
D
U
I
I
I
I
I
I
I
g
I
I
I
I
I
I
I
I
I
SECTION 01050
FIELD ENGINEERING
PART 1 - GENERAL
,t..01 WORK INCLUDED
A. Provide and pay for field englneenng services required for Project as
follows:
1. Land Surveying work required to layout the work and for execution
of the structures.
2. Civil, structural or other professional engineering services specified,
or required to execute the Contractor's construction methods.
B. The Contractor shall retain the services of a registered land surveyor
licensed in the State of Florida to identify existing control points and
property line corner stakes indicated on the Drawings, as required. Verify
all existing structure locations and all proposed building corner locations,
tank locations and equipment locations. Provide as-built location and
elevation of pipes, valves, and connectors.
1.02 RELATED WORK
A.
Section 01010:
Summary of Work.
B.
Project Record Documents.
Section 01720:
C.
Application for Payment
Section 01152:
1.03 QUALIFICATIONS OF PROFESSIONAL
A. Qualified Registered Land Surveyor, acceptable to the Owner 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 SURVEY REFERENCE POINTS
A. Horizontal atld vertical control points for the Project are to be established
by the Contractor.
B. Locate and protect control points prior to starting work, and preserve all
permanent reference points during construction.
04/08
01050-1
06-5723
I
I
I
I
n
B
g
I
m
I
I
I
I
I
I
I
I
I
I
1. Make no changes or relocations without prior written notice to the
Engineer.
2. Report to the Engineer when any reference point is lost or
destroyed, or requires relocation because of necessary changes in
grades or locations.
3. Require surveyor to replace project control points which may be
lost or destroyed.
a. Establish replacements based on original survey control.
1.05 PROJECT SURVEY REQUIREMENTS
A. Establish a minimum of two temporary bench marks on site, referenced to
data by survey control points.
1. Record locations, with horizontal and vertical data, on Project
Record Documents.
B. Establish lines and levels, locate and layout, by instrumentation and
similar appropriate means:
1. Site Improvements
a. Stakes for grading, fill and topsoil placement.
b. Utility slopes and invert elevations.
2. Batter boards for structures
3. Building foundation, column locations and floor levels.
4. Controlling lines and levels required for mechanical and electrical
trades.
C. From time to time, verify layouts by same methods.
1.06 RECORDS
A. Maintain a complete, accurate log of all control and survey work as it
progresses.
B. At the end of each pay period and at the end of the job, submit certified
as-built information on mylars of Engineer's line drawings indicating
building and tank locations, elevations and stations of all underground
piping at 50 foot increments, at rapid changes in grade and at all fittings,
valves, conflicts, or any distinctive feature locations.
C. At the end of the project, submit a certified site survey at 1 "=50' scale on a
reproducible tracing sheet 24" x 36", indicating the building corners and
location of all structures.
1.07 SUBMITTALS
A. Submit name and address of registered land surveyor to the Engineer.
04/08
01050-2
06-5723
D
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
B. On request of the Engineer, submit documentation to verify accuracy of
field engineering work.
C. Submit certificate signed by registered surveyor certifying that elevations
and locations of improvements are in conformance or non-conformance,
with Contract Documents.
D. Submit drawings showing locations of all structures constructed. This
drawing shall be included with the project record documents
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01050-3
06-5723
D
I
D
I
I
D
I
I
I
I
I
m
I
I
m
I
I
I
I
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 21 days after the effective date of the
Agreement.
B. Upon request of the Engineer, support the values with data which 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. Document 00700: Conditions of the Contract
B. 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
earthwork/foundation, reinforced concrete, masonry, hollow core roof,
roofing material, painting/coatings, 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.
04/08
01370-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
D. The sum of all values listed in the schedule shall equal the total Contract
Sum.
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
04/08
01370-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01410
TESTING AND TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor will employ and pay for the services of an Independent Testing
LaboratorY, to be Nutting Engineers Inc., Florida Testing Inc., or equal, to
perform testing specifically indicated in the Contract Documents and may
at any other time elect to have materials and equipment tested for
conformity with the Contract Documents. The cost of all testing performed
for the purpose of compliance with the Contract Documents shall be
borne by the Contractor and shall be included in the Bid Amount.
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. Section 02100: Site Preparation
2. Section 02513: Asphaltic Concrete Paving
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
3. Perform any duties of the Contractor
04/08
01410-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.04 CONTRACTOR'S RESPONSIBILITIES
A. Cooperate with laboratory personnel, and provide access to Work and to
Manufacturer's operations.
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.
1. When tests or inspections cannot be performed after such notice,
reimburse Owner for laboratory personnel and travel expenses
incurred due to Contractor's negligence.
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.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01410-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01505
CONTROL OF WORK
PART 1 - GENERAL
1.01 QUALITY OF WORK
A. The Contractor shall furnish personnel and equipment which will be
efficient, appropriate and a quantity 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 PRIVATE LAND
A. The Contractor shall not enter or occupy private land outside of
easements, except by written permission of the Owner.
1.03 PIPE LOCATIONS
A. Pipeline shall be located substantially as indicated on the Drawings, but
the Engineer reserves the right to make such modifications in locations as
may be found desirable to avoid interference with existing structures or for
other reasons.
1.04 OPEN EXCAVATIONS
A. All open excavations shall be adequately safeguarded by providing
temporary barricades, caution signs, lights and other means to prevent
accidents to persons, and damage to property. The Contractor shall, at
his own expense, provide suitable and save bridges and other crossings
for accommodating travel by pedestrians and workmen. Bridges provided
for access to private property during construction shall be removed when
no longer required. The length of open trench will be controlled by the
particular surrounding conditions, but shall always be confined to the limits
prescribed by the Engineer. If the excavation becomes a hazard, or if it
excessively restricts traffic at any point, the Engineer may require special
construction procedures such a limiting the length of open trench,
04/08
01505-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
B
I
I
I
prohibiting stacking excavated material in the street, and requiring that the
trench shall not remain open overnight.
B. The Contractor shall take precautions to prevent injury to the public due to
open trenches. All trenches, excavated material, equipment, or other
obstacles which could be dangerous to the public shall be well lighted at
night.
1.05 TEST PITS
A. Test pits for the purpose of locating underground pipeline or structures in
advance of the construction shall be excavated and backfilled by the
Contractor at his cost at the direction of the Engineer. Test pits shall be
backfilled immediately after their purpose has been satisfied and the
surface restored and maintained in a manner satisfactory to the
Engineers.
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.
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.
B. All structures shall be protected in a manner approved by the Engineer.
Should any of the floors or other parts of the structures become heaved,
cracked or otherwise damaged, all such damaged portions of the work
shall be completely repaired and made good by the Contractor at his own
expense and to the satisfaction of the Engineer. Special attention is
directed to substructure bracing requirements described in Section 02220.
If, in the final inspection of the work, any defects, faults or omissions are
04/08
01505-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
found, the Contractor shall cause the same to be repaired or removed and
replaced by proper materials and workmanship without extra
compensation for the materials and labor required. Further, the
Contractor shall be fully responsible for the satisfactory maintenance and
repair of the construction and other '.^fork undertaken herein, for at least
the guarantee period described in the contract.
c.
Further, the Contractor shall take all necessary precaution to prevent
damage to any structure due to water pressure during and after
construction and until such structure is accepted and taken over by the
Owner.
END OF SECTION
01505-3
06-5723
D
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
B. Section 01590: Field Offices
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.
04/08
01510-1
06-5723
I
I
I
I
I
I
D
I
I
R
I
I
I
I
I
I
I
I
I
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.
2.03 TEMPORARY \^1A TER
A. Arrange with the Owner, as described in the Supplemental Conditions 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 and pay for 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
04/08
01510-2
06-5723
B
I
I
I
I
a
I
I
I
I
I
I
I
I
I
I
I
o
I
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 Broward
County.
2. One direct line instrument in Field Office of Engineer with local
access from Broward County.
3. One direct line facsimile (FAX) machine in Contractor's Field Office.
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
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
04/08
01510-3
06-5723
I
I
I
I
I
I
I
I
I
SECTION 01532
TREE AND PLANT PROTECTION
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
I
I
B
I
I
I
I
I
I
a
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 designated to be saved are damaged and
replacement is required, a 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. 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 of the project.
04/08
01532-1
06-5723
D
I
I
I
I
I
I
D
I
I
I
I
I
I
I
-
I
I
I
PART 2 - PRODUCTS
2.01 TREE PROTECTION FENCING
A. Tree protection fencing shall be:
-1 M h + 6 U h' h .. 'th A" 4" D' ~ ~ d
I. eS11 .ence It. I 19 I minimUm, WI II "'t X xo piessuie lie8le
wood posts.
B. Posts shall be spaced 10ft. o.c. 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.
END OF SECTION
04/08
01532-2
06-5723
B
I
I
I
I
R
I
I
I
D
I
D
I
D
I
I
I
I
I
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.
04/08
01540-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.05 PERSONNEL IDENTIFICATION
A. Become familiar with Owner and Engineer representatives.
8. Restrict access to job site to these representatives.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01540-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 TEMPORARY CROSSINGS
A. Temporary restoration shall be completed within five days of pipe
installation. Temporary restoration shall include all driveways, sidewalks
and roadways. They shall be swept clean and be maintained free of dirt
and dust. All areas disturbed by the construction activities shall be restored
to proper grade, cleaned up, including the removal of debris, trash, and
deleterious materials. All construction materials, supplies, or equipment,
including piles of debris shall be removed from the area. All temporarily
restored areas shall be maintained by the Contractor. These areas shall be
kept clean and neat, free of dust and dirt, until final restoration operations
are completed. The Contractor is responsible to utilize dust abatement
operations in the temporarily restored areas as required, to the satisfaction
of the Engineer.
B. Final restoration shall be completed within thirty days of pipe acceptance.
Final restoration shall include the completion of all required pavement
replacement of roadways, driveways, curbs, gutters, sidewalks and other
existing improvements disturbed by the construction; final grading,
placement of sod, pavement marking, etc., all complete and finished,
acceptable to the Engineer.
In order to obtain a satisfactory junction with adjacent surfaces, the
Contractor shall saw cut back and trim the edge so as to provide a clean,
sound, vertical joint before permanent replacement of an excavated or
damaged portion of pavement. Damaged edges of pavement along
excavations and elsewhere shall be trimmed back by saw cutting in straight
lines. All pavement restoration and other facilities restoration shall be
constructed to finish grades compatible with the adjacent undisturbed
pavement.
04/08
01550-1
06-5723
I
I
I
D
I
I
I
I
g
I
I
I
I
I
I
I
I
I
I
1.03 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
04/08
01550-2
06-5723
I
I
D
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
04/08
01570-1
06-5723
I
U
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.02
3.03
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.
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
04/08
01570-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 qualify 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. Document 00700: Conditions of the Contract
B. Section 01010: Summary of Work
C. Section 01030: Special Project Procedures
D. Section 01340: Shop Drawings, Working Drawings and Samples
E. Section 01720: Project Record Documents
F. Section 01730: Operating & Maintenance Data
G. Section 01740: Warranties and Bonds
04/08
01600-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 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. Except as otherwise noted, the Owner will make arrangements
for and pay for the tests.
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.
04/08
01600-2
06-5723
I
I
I
I
I
I
I
I
I
g
I
I
I
I
I
I
I
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.
2. Immediately on de/ivery, 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, noncorrosive 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.
I
I
B. Store Products in accord 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
04/08
01600-3
06-5723
I
I
I
C.
I
I D.
I
I
I E.
I
I F.
I
G.
I
I H.
I
I I.
I
I
I
I 04/08
ventilation to avoid condensation.
4. Store loose granular materials in a well drained area on solid
surfaces to prevent mixing with foreign matter.
All materials anrl en,.inmont t^ bo inf"^rn^raterl in tho \A1^rk shall be handlorl
I III II I \,A '1\AlfJ 11"'-'1 H V '"' II \..IV t-Iv L \,A II LI '- VVVI '\. I I I I I '-'\".I
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.
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.
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.
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.
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.
Protection After Installation:
1. Provide substantial coverings as necessary to protect installed
products from damage from traffic and subsequent construction
operations. Remove
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.
01600-4
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J. 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 deduct 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:
1. For Products specified only by reference standard, select any
product meeting that standard.
2. For Products specified by naming several products or
manufacturers, select anyone of the products or manufacturers
named, which complies with the specifications, subject to the base
bid procedures outlined under Document 00400 - Supplemental Bid
Form.
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.
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
04/08
01600-5
06-5723
D
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 writhing, of the decision to accept or
reject the requested substitution.
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 STORAGE AND HANDLING OF EQUIPMENT ON SITE
A. Because of the long period allowed for construction, special attention shall
be given to the storage and handling of equipment on site. As a minimum,
the procedure outlined below shall be followed:
1. Equipment shall not be shipped until approved by the Engineer. The
intent of this requirement is to reduce on-site storage time prior to
installation and/or operation. Under no circumstances shall
equipment be delivered to the site more than one month prior to
installation without written authorization from the Engineer unless it is
to be stored as specified in Paragraph 1.06 herein upon arrival.
Operation and maintenance data as described in Paragraph 1.08 of
Section 01730 shall be submitted to the Engineer for review prior to
shipment of equipment.
04/08
01600-6
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2. All equipment having moving parts such as gears, electric motors,
etc. and/or instruments shall be stored in a temperature and humidity
controlled building approved by the Engineer, until such time as the
equipment is to be installed.
3. All equipment shall be stored fully lubricated with oil, grease, etc.
unless otherwise instructed by the manufacturer.
4. Manufacturer's storage instructions shall be carefully studied by the
Contractor and reviewed with the Engineer by him. These
instructions shall be carefully followed and a written record of this
kept by the Contractor.
5. Moving parts shall be rotated a minimum of once weekly to insure
proper lubrication 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.
6. Lubricants shall be changed upon completion of installation and as
frequently as required thereafter during the period between
installation and acceptance. Mechanical equipment to be used in
the work, if stored for longer than ninety (90) days, shall have the
bearings cleaned, flushed and lubricated prior to testing and start up,
at no extra cost to the Owner.
7. Prior to acceptance of the equipment, the Contractor shall have the
manufacturer inspect the equipment and certify that its condition has
not been detrimentally affected by the long storage period. Such
certifications by the manufacturer shall be deemed to mean that the
equipment is judged by the manufacturer to be in a condition equal
to that of equipment that has been shipped, installed, tested and
accepted in a minimum time period. As such, the manufacturer will
guarantee the equipment equally in both instances. If such a
certification is not given, the equipment shall be judged to be
defective. It shall be removed and replaced at the Contractor's
expense.
1.10 WARRANTY
A. For all major pieces of equipment, submit a warranty from the equipment
manufacturer as specified in Section 01740.
1.11 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
04/08
01600-7
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
1.12 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
04/08
01600-8
06-5723
I
I
I
I
I
m
I
I
I
I
I
m
I
I
I
I
I
I
I
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.
04/08
01701-1
06-5723
I
I
I
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
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.
04/08
01701-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 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.
04/08
01701-3
06-5723
o
I
I
I
I
g
I
I
I
I
I
I
I
I
I
I
I
I
I
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 VVork
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 trans-
mitted to the Owner for record purposes. Comply with delivery to the
Owner's Sample storage area.
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.
04/08
01701-4
06-5723
I
I
B.
I
I
C.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I 04/08
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.
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
01701-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DOCUMENT 01720
PROJECT RECORD DOCUMENTS
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 and other Modifications to the Contract
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 01050: Field Engineering
B. Section 01340: Shop Drawings, Working Drawings and Samples
C. Section 01700: Contract Closeout
D. Section 01152: Applications for Payment
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.
04/08
01720-1
06-5723
U
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 first
floor datum.
2. All underground piping with elevations and dimensions. Changes
to piping location. Horizontal and vertical locations of underground
utilities and appurtenances, referenced to permanent surface
improvements. Actual installed pipe material, class, etc.
3. Location of internal utilities and appurtenances concealed in the
construction, referenced to visible and accessible features of the
structure.
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.
8. Building and tank locations.
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.
F. Certified site survey and line elevations, and stationing at increments per
Section 01050, by registered surveyor.
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
5. Signature of Contractor or his Authorized Representative
04/08
01720-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
C. Submittal of Record Drawings shall be in accordance with Section 01050,
1.06.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
04/08
01720-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 01740
WARRANTIES AND BONDS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile specified warranties and bonds, as in Articles 5 and 13 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 01700
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
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
04/08
01740-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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, unless otherwise specified. 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 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
04/08
01740-2
06-5723
I
I
I
I
I
I
I
D
I
I
I
I
I
I
I
I
I
I
I
SECTION 02100
SITE PREPARATION
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Section covers clearing, grubbing, stripping and demucking of the
construction site, complete as specified herein.
B. Clear and demuck the area within the limits of construction as required,
including drainage easements. The width of the area to be cleared and
demucked shall be established by the Engineer prior to the beginning of
any work.
1.02 RELATED WORK
A. Section 02060: Building Demolition
B. Section 02220: Structural Excavation, Backfill & Compaction
C. Section 02221 : Trenching, Bedding & Backfill for Pipe
D. Section 02510: Walkways
E. Section 02513: Asphaltic Concrete Paving
F. Section 02444: Fencing
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 of all timber, brush, stumps, roots, grass, weeds,
rubbish and all other objectionable obstructions resting on or protruding
through the surface of the ground. However, those trees which are
designated by the Engineer 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 and vegetation removal. Clearing for
pipelines shall consist of vegetation removal.
04/08
02100-1
06-5723
I
I
I
I
I
I
I
I
I
I
m
I
I
I
I
I
I
I
I
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.
3.03 STRIPPING
A. 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.
3.04 DEMUCKING
A. When encountered, organic material (muck) shall be excavated and
removed. This material may be stockpiled temporarily, but must be
disposed of as directed by the Engineer or the Owner.
3.05 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 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.
3.06 PRESERVATION OF TREES
A. Those trees which are designated by the Engineer or as shown on the
drawings for preservation shall be carefully protected from damage. The
Contractor shall erect such barricades, guards, and enclosures as may be
considered necessary by him for the protection of the trees during all
construction operations.
3.07 PRESERVATION OF DEVELOPED PRIVATE PROPERTY
A. The Contractor shall exercise extreme care to avoid necessary
disturbance of developed private property as applicable. Trees,
shrubbery, gardens, lawn and other landscaping, which in the opinion of
the Engineer must be removed, shall be replaced and replanted to restore
the construction easement to the condition existing prior to construction.
04/08
02100-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
B. All soil preparation procedures and replanting operations shall be under
the supervision of nurseryman experienced in such operations.
C. Improvements to the land such as fences, walls, outbuildings, etc., which
of necessity must be removed shall be replaced with equal quality
materials and workmanship.
D. The Contractor shall clean up the construction site across developed
private property directly after construction is complete upon approval of
the Engineer.
3.08 PRESERVATION OF PUBLIC PROPERTY
A. The appropriate paragraphs of Articles 3.06 and 3.07, of these
specifications shall apply to the preservation and restoration of all
damaged areas of public lands, rights-of-way, easements, etc.
END OF SECTION
04/08
02100-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 02200
EARTHWORK
PART 1 - GENERAL
1.01 RELATED SECTIONS
A. Section 01015: General Requirements
1.02 SECTION INCLUDES
A. Preparation of subgrade for building slabs, walks, and pavements.
B. Excavation, fill, and backfill.
1.03 QUALITY ASSURANCE
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.
04/08
02200-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PART 2 - PRODUCTS
2.01 SOIL MATERIALS
Po,. Satisfactory Soil Materia!s: ASTM 02487 soil classification groups G\^J,
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.
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
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.
04/08
02200-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
F.
E.
3. Maintain sides and slopes of excavations In safe condition until
completion of backfilling.
Shoring and Bracing:
1. Establish requirements for trench shoring and bracing to comply
\Nith loca! 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.
Dewatering:
1. Prevent surface water and subsurface or ground water from flowing
into 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.
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.
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.
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.
02200-3
06-5723
o
I
I
I
I
I
I
I
I
I
I
I
I
I
I
m
I
I
I
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.
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.
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.
04/08
02200-4
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 10ft. of buried walls and soil
supported structures shall not exceed 2000 Ibs.
3.04 GRADING
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.
04/08
02200-5
06-5723
I
I 3.06 CLEANING AND PROTECTION
0 A. Protect newly graded areas from traffic and erosion. Keep free of trash
and debris.
I B. Repair and re-establish grades In settled, eroded, and rutted areas to
specified tolerances.
I C. Remove excess excavated and waste materials, including unacceptable
excavated material, trash and debris, and legally dispose of it off Owner's
I property.
I END OF SECTION
I
I
I
I
I
I
I
I
I
I
I
I 04/08 02200-6 06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
m
I
I
I
I
I
SECTION 02276
TEMPORARY EROSION AND SEDIMENTATION CONTROL
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Designing, providing, maintaining and removing temporary erosion and
sedimentation controls as necessary.
B. Temporary erosion controls may include, but are not limited to, mulching,
netting, and watering, on site surfaces and spoil and borrow area surfaces
and providing interceptor ditches at ends of berms and at those locations
which will ensure that erosion during construction will be either eliminated
or maintained within acceptable limits as established by the Owner.
C. Temporary sedimentation controls include, but are not limited to, silt
dams, traps, barriers, and appurtenances at the foot of sloped surfaces
which will ensure that sedimentation pollution will be either eliminated or
maintained within acceptable limits as established by the Owner.
D. Contractor is responsible for providing effective temporary erosion and
sediment control measures during construction or until final controls
become effective.
1.02 SUBMITTALS
A. Submit schedule for temporary erosion and sedimentation control.
PART 2 - PRODUCTS
2.01 EROSION CONTROL
A. Mulch:FDOT type per Section 981-3.2, Green Mulch
B.
Netting:
fabricated of material acceptable to the Owner.
2.02 SEDIMENTATION CONTROL
A. Bales: clean, seed free cereal hay type
B.
Netting:
fabricated of material acceptable to the Owner
C. Filter stone: crushed stone conforming to Florida Department of
Transportation specifications.
04/08
02276-1
06-5723
I
I
I
I
U
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PART 3 - EXECUTION
3.01 EROSION CONTROL
A. Minimum procedures for mulching and netting are:
1. Apply mulch loosely and to a thickness of between 3/4 inch and 1
1/2 inches.
2. Apply netting over mulched areas on sloped surfaces.
3.02 SEDIMENTATION CONTROL
A. Install and maintain silt dams, traps and barriers as shown on the
approved schedule. Hay bales which deteriorate and filter stone which is
dislodged shall be replaced as required.
3.03 PERFORMANCE
A. Should any of the temporary erosion and sediment control measures
employed by the Contractor fail to produce results which comply with the
requirements of the Owner, Contractor shall immediately take whatever
steps are necessary to correct the deficiency at his own expense.
END OF SECTION
04/08
02276-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 02484
SOIL PREPARATION AND SOIL MIXES
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to
complete the soil preparation and soil mixes work, as indicated on the
drawings, as specified herein or both, except as for items specifically
indicated as "NIC ITEMS".
B. Including, but not limited to:
1. Topsoil
2. Soil Conditioners
3. Planting Soil Mixes
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02481 - Shrub and Tree Relocation
C. Section 02487 - Sodding
D. Section 02490 - Trees, Plants, and Groundcover
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.
C. Reference standards.
1.04 SUBMITTALS:
A. Test Reports: Test reports shall consist of pH range, major and minor
element analysis, soluble salt concentrations, and recommendations.
Reports shall be identified by project name, date, and soil mix type.
1. Results of topsoil (on-site existing soil) analysis.
2. Results of planting soil mix(es) analysis: One test required per
each type of soil mix (note: pH ranges for plant type).
B. Certificates:
1. The Contractor must submit certificates from suppliers stating that
the topsoil mix, sod and other landscape material used comply with
requi'rements specified.
04/08
02484-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2. Manufacturer's certificate of fertilizer's chemical composition
including but not limited to percentage and derivation of nitrogen,
phosphorus, potassium, and micro-nutrients.
3. Manufacturer's certification and/or testing laboratory certification
that content of soil conditioners meet specification requirements.
C. Soil Samples:
1. Submit a one-pound sample of each soil mix specified.
1.05 JOB CONDITIONS
A. Contractor shall become familiar with the site and the required work to
complete this section in accordance with the drawings and what is
specified herein.
B. Responsibility for fine gradiflg shall occur under a separate contract. Any
changes, modifications, or disturbances to the fine grading shall be
corrected by the responsible contractor.
C. PROTECTION: Protect and avoid any damage whatsoever to existing
walks, pavement, curbs, utilities, plant material, and any other existing
work.
PART 2 - PRODUCTS
2.01 TOP SOIL
A. Topsoil shall be a 80-20 mix, 80% fresh water sand (medium to coarse
grade) and 20% inland glades muck thoroughly mixed with a commercial
shredder/blender or equivalent., It shall be suitable for ornamental plant
growth and free from hard clods, stiff clay, hardpan, gravel, subsoil, brush,
large roots, refuse or other deleterious material, and of reasonably
uniform quality. No site mixing will be acceptable. 6 inches of topsoil
depth shall be required throughout.
B. Mechanical analysis: Topsoil and soil mixture(s) shall meet these
specifications and the following mechanical analysis, and shall be
proportioned by volume rather than by weight.
Sieve Size
% Passing By Dry Weight
1 inch
1/4 inch
No. 100
99-100
97 -99
40-60
Materials larger than one-half inch shall be disposed of off the site or as
directed by the architect. Existing leaf litter and plant material shall be
excluded from topsoil and soil mix.
C. Maximum Soluble Salts: 300 ppm.
04/08
02484-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
D. Sterilize topsoil to be used in soil mixture(s) to make free of all viable nut
grass, and other undesirable weed seeds.
E. A sample of the sand and a sample of the 80-20 sand and muck mixture
shall be submitted to the Owner for approval prior to installation.
F. The Owner has the right to reject topsoil utilized at anytime during the
execution of work that does not meet specifications. Topsoil and planting
soil will be tested at Owners request for suitability of horticultural use.
2.02 SOIL CONDITIONERS
A. Dolomitic Limestone: Approved product, designated for agriculture use.
B. Aluminum Sulfate: Manufacturer's standard commercial grade.
C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous
plant growth, and specifically pulverized for agricultural use. Florida peat
shall be free of deleterious materials that would be harmful to plant
growth, shall be free of nematodes, shall be of uniform quality, and shall
have a pH value between 5.5 and 6.5 (as determined in accordance with
ASTM E70). Florida peat shall be sterilized to make free of all viable nut
grass and other undesirable weeds.
D. Pesticides: As recommended by applicable Agricultural Public Agencies.
E. Herbicides: As recommended by applicable Agricultural Public Agencies.
F. Soil Fumigants: As recommended by applicable Agricultural Public
Agencies.
G. Fertilizer:
1. Commercial grade fertilizer to comply with State of Florida Fertilizer
laws. Chemical designation shall be as specified with at least 50%
of the nitrogen derived from a non-water soluble organic source
and all potash to be derived from sulfate forms for all plantings
excluding sod and plantings on the lake edges.
Chemical designation shall be as specified with at least 80% of the
nitrogen derived from a non-water-soluble organic source and all
potash to be derived from sulfate forms for all sod and plantings on
lake edges.
The following minor elements shall be included:
2.2% ZnO
4.0% MgO
0.5% MnO
0.25% CuO
0.005% Fe203
0.1% B203
a. Federal Specifications O-F0241 Type 1, Grade A or B.
b. The chemical designation for granular fertilizer for all
plantings shall be 12-8-8.
04/08
02484-3
06-5723
o
I
I
I
I
I
I
I
I
I
I
m
I
I
I
I
I
I
I
H. Water: Free or substances harmful to growth of plants. Water shall also
be free of staining agents as well as elements causing odors.
I. Soil Sterilizers: As recommended by State and Local Agriculture
agencies.
J. Sand: Clean, white, coarse-grained builders sand, free of substances
harmful to growth of plants.
K. Supply complete information on all analysis/test methodologies and
results; laboratory certifications, manufacturer's specifications, and
agency approvals to Landscape Architect prior to placement of soil
conditioners. Landscape contractor shall make all modifications and
improvements to soil and soil mixes deemed necessary by Landscape
Architect to meet requirements herein, and to ensure proper growing
medium for all plant material without cost to Owner, prior to planting.
2.03 PLANTING SOIL MIXES
A. Planting soil shall be an evenly blended mixture of 50% "muck", 25%
coarse sand, 15% spaghnum peat moss and 10% sterilized cow manure.
Add 2 pounds of fertilizer, specified to each cubic yard of soil and
thoroughly mix. Mix shall be suitable for plant growth and free from hard
clods, stiff clay, hardpan, gravel, brush, large roots, nematodes, weeds,
refuse, or other deleterious material, and of reasonably uniform quality.
B. Palms: Planting soil mixture to be placed as backfill around the root balls
of all Palms shall consist of a mixture as specified above.
Note: Bottom 1/4 of planting pit shall be backfilled with clean,
coarse-grained builders sand.
C. Trees, Shrubs, and Groundcovers: Planting soil mixture to be placed as
backfill around the root balls of all trees, shrubs, and groundcovers shall
consist of a mixture of:
2/3 clean soil (existing soil from site)
1/3 approved Florida Peat
D. Sterilize planting soil mixtures to make free of all viable nut grass, and
other undesirable weed seeds.
E. All planting soil mixes shall be thoroughly blended to form a uniform
planting medium suitable for exceptional plant growth.
F. Test PH of existing soil and planting soil mixtures by method acceptable
to current industry standards. If pH is not between 6.0 and 7.0 add
approved soil conditioner/additive to bring PH within that range.
G. Supply complete information on all analysis/test methodologies and
results; laboratory certifications, manufacturer's specifications, and
agency approvals to Landscape Architect prior to placement of soil
mixtures. In addition, provide Landscape Architect with thoroughly mixed
sample of all soil mixes for approval prior to placement (note PH ranges).
04/08
02484-4
06-5723
I
I
I
I
I
I
I
I
g
I
I
I
I
I
I
I
I
I
I
Landscape Contractor shall make all modification and improvement to soil
mixes deemed necessary by Landscape Architect to meet requirements
herein, and to ensure proper growing medium for all plant material without
cost to Owner, prior to planting.
PART 3 - EXECUTION
3.01 INSPECTIONS
A. Examine areas to receive soil preparation to assure work of other trades
has been completed.
B. Verify that plants to remain undisturbed have been clearly identified and
protected from injury during construction. If not, identify and protect plants
to remain according to procedures set forth in Section 02490 - Trees,
Plants and Groundcover. Refer to Protective Fencing on plans.
C. Remove all construction materials and debris from all areas to be
landscaped, without additional expense to Owner, prior to subsoil
preparation.
D. Do not proceed with soil preparation until all unsatisfactory conditions are
corrected.
3.02 SITE PREPARATION
A. General: Within the entire area to be landscaped as shown on the
drawings, the contractor shall complete the following site topsoil
preparation items to eradicate all existing weed and/or natural
groundcover. Initiate site topsoil preparation as stated herein and
coordinate all work with the existing underground sprinkler system and
electrical lines.
B. Post Emergence Herbicide: Apply "Roundup" as manufactured by
Monsanto Corp. according to manufacturer's recommended rate and
specification within the limits of all areas to be landscaped not specified
as existing, to be relocated, or to be removed. Protect existing plants
from overspray.
C. Pre-Emergence Herbicide: Apply "Ron-Star" or approved equal to all
areas to be landscaped according to the manufacturer's recommended
rate and specification. Contractor shall be responsible to re-apply
appropriate herbicide to eradicate all remaining weeds and maintain a
weed-free condition in all areas throughout all landscape planting
operations.
3.03 PERFORMANCE
A. Subsoil: Remove all debris, gravel, rocks and other deleterious material
over 2 inches in diameter, within 12 inches of surface in areas to receive
topsoil mixture, from the project site. Fine grade subsoil to assure finish
grades are achieved by adding the specified depth of topsoil mixture.
B. Soil mixtures:
04/08
02484-5
06-5723
I
I
I
I
I
I
o
g
I
I
I
I
I
I
I
I
I
I
I
1. Remove rocks and other objects over 1 inch diameter.
2. Smooth soil mixtures to four (4) inches below top of surrounding
paving, wherever planting beds abut paved surfaces.
3. Do not compact planting soil mixture, but do wet-soak planting
areas to assure proper settlement. Replace topsoil/planting soil
mixture to specified grade after watering, where necessary.
4. Smooth topsoil to two inches (2") below finish grade in areas to be
sodded. Remove plant material not indicated as existing or be
relocated in order to adhere to sod lines.
5. Prior to installing planting soil, test tree pits and planting areas for
percolation. If areas do not drain, it is the contractor's responsibility
to assure percolation by approved means.
6. Remove limerock or soil cement in tree planter islands within paved
parking areas. Do not damage sub-base material for paved
surfaces. Assure percolation and then backfill with approved
planting soil mix.
3.04 CLEAN-UP
A. Immediately clean up spills, soil and conditioners on paved and finished
surface areas.
B. Remove debris and excess materials from project site immediately.
END OF SECTION
04/08
02484-6
06-5723
I
I
I
U
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 02487
SODDING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to
complete the Sodding work, as indicated on the drawings, as specified
herein or both, except as for items specifically indicated as "NIC ITEMS".
1. 02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02481 - Shrub and Tree Relocation
C. Section 02484 - Soil Preparation and Soil Mixes
D. Section 02490 - Trees, Shrubs, and Groundcover
1.03 QUALITY ASSURANCE
A. Standards: Federal Specifications (FS) O-F-24Ic (1), Fertilizers, Mixed,
Commercial.
B. Testing Agency: Independent Testing Laboratory.
C. Requirements or Regulatory Agencies: Conform to the requirements of
the State Department of Agriculture.
1.04 SUBMITTALS
A. Certificates:
1. Growers Certification:
(a) Grass species, and location of field from which sod is cut.
(b) Compliance with state and federal quarantine restrictions.
Manufacturer's certification of fertilizer and herbicide
composition.
B. Maintenance Instruction:
Prior to the end of the maintenance period, furnish three copies of written
maintenance instructions to the Owner's Representative and Landscape
Architect for maintenance and care of all sodding throughout the full
growing season.
04/08
02487 -1
06-5723
I
I
I
o
I
I
I
I
I
I
I
I
g
I
I
g
I
I
I
1.05 DELIVERY, STORAGE AND HANDLING
A. Deliver sod on pallets.
B. Protect root system from exposure to wind or sun.
C. Protect sod against dehydration, contamination, and heating during
transportation and delivery.
D. Do not deliver more sod than can be installed within 24 hours.
E. Keep stored sod moist and under shade, or covered with moistened
burlap.
F. Do not pile sod more than 2 feet deep.
G. Do not tear, stretch, or drop sod.
1.06 JOB CONDITIONS
A. Begin installation of sod after preceding related work is accepted.
B. Environmental Requirements:
1. Install sod during months acceptable to the Architect.
2. Do not install sod on saturated soil.
C. Protection: Erect signs and barriers against vehicular traffic.
1.07 GUARANTEE
A. Guarantee sod for period of twelve months after date of Substantial
Completion.
B. Replacement sod under this guarantee shall be guaranteed for twelve
months from the date of installation.
C. Repair damage to other plants during sod replacement at no cost to the
Owner.
PART 2 - PRODUCTS
2.01 SOD
A. Grass Species: Stenotaphrum secundatum "Floratam", St. Augustine
"Floratam" Grass.
1. American Sod Producers Association (ASPA) Grade: Nursery
Grown or Approved. Field grown sod is not acceptable.
B. All sod shall conform to the following requirements:
1. Furnish in pads that are not stretched, broken, or torn.
04/08
02487 -2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
2. Sizes:
a. St. Augustine Sod pads shall be 18x24 inches in size (plus
or minus 5%) with a 1-1/2 inch thickness (excluding top
growth and thatch).
3. Uniformly mowed height when harvested:
a. St. Augustine Sod - 2 inches in height.
4. Thatch: Maximum 1/2 inch uncompressed.
5. Inspected and found free of diseases, nematodes, pests, and pest
larvae, by entomologist of State Department of Agriculture.
6. Weeds:
a. Free of horse grass, nut grass or other objectionable weeds
or weed seeds.
7. Uniform in color, leaf texture, and density.
2.02 WATER
A. Free of substances harmful to plant growth, objectionable odor or staining
agents.
2.03 FERTILIZER
A. FS O-F-24Ic(1), Grade A or B.
B. The Chemical designation for granular fertilizer shall be 12-8-8, with at
least 50% of the nitrogen form a non-water-soluble organic source for all
plantings except on lake banks, and at least 80% of the nitrogen form a
non-water-soluble organic source for all plantings on the lake banks.
Refer to Section 02484 for complete fertilizer requirements.
C. Apply and distribute by methods and rates as recommended by
manufacturer.
2.04 HERBICIDES
A. As recommended by the State Department of Agriculture.
2.05 STAKES
A. Softwood, 3/4 inch diameter, 8 inch length.
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that soil to depth of 12 inches in compacted areas has been tilled to
produce a loose, friable soil conducive to exceptional sod growth.
B. Water dry soil to depth of 6 inches 48 hours before sodding.
04/08
02487 -3
06-5723
I
I
n
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.02 INSTALLATION
A. Transplant sod within 48 hours after harvesting.
B. Begin sodding at bottom of slopes.
C. Lay first row of sod in straight line with long dimension of pads parallel to
slope contours.
D. Butt side and end joints. Ensure that joints are tight, thereby eliminating
the need to patch and/or topdress to eliminate gaps.
E. Stagger end joints in adjacent rows.
F. Do not stretch or overlap rows.
G. Peg sod on slope ratio of 1 in 3 or greater with minimum of two stakes per
square yard.
H. Sprinkle sod immediately after transplanting.
I. Roll sod, except on pegged areas, with roller weighing no more than 150
Ibs. per foot of roller width.
J. Water sod and soil to depth of 6 inches within four hours after rolling.
K. Top dressing for sodded areas shall be clean sand, mined from fresh
water sources. Sand mined from salt water is unacceptable.
3.03 LAWN ESTABLISHMENT
A. Watering:
1. Keep sod moist during first week after planting.
2. After first week, supplement rainfall to produce a total of 2 inches
per day.
3. It is the contractors responsibility to water all plant material.
B. Mowing:
1. Maintain St. Augustine grass between 2 inches and 2-1/2 inches in
height. When grass reaches 3 inches in height, mow to 2 inches in
height.
2. Do not cut off more than 40% of grass leaf in single mowing.
3. Remove all grass clippings throughout.
C. Resod spots larger than 1 square foot not having uniform stand of grass.
D. Weed Eradication: Between second and third mowing, apply herbicide
specifically recommended for grass type uniformly at manufacturer's
recommended rate.
E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate
two days after sodding and at three-month intervals thereafter. Water in
to avoid "burning" or damaging grass.
04/08
02487 -4
06-5723
I
I
I
I
I
D
I
I
I
I
I
I
I
I
I
I
I
m
I
F. Establishment period shall extend until final acceptance by the Owner
according to the conditions of the Contract.
3.04 CLEANING
A. Immediately clean spills from paved and finished surface areas.
B. Remove debris and excess materials from project site.
C. Dispose of protective barricades and warning signs at termination of lawn
establishments.
END OF SECTION
04/08
02487 -5
06-5723
I
I
o
I
I
o
I
I
I
I
I
m
I
I
I
I
I
I
I
SECTION 02510
WALKWAYS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish all labor, materials and equipment necessary to complete all
walkways and related items shown in the drawings and specified herein.
1.02 REFERENCES
A. All materials and methods of construction shall conform to the
requirements of the "Florida Department of Transportation, Standard
Specifications for Road and Bridge Construction".
1.03 SUBMITTALS
A. Submit to the Engineer, as provided in the General Conditions, shop
drawings showing dimensions and layouts of sidewalks and reinforcement
for concrete work.
1.04 RELATED WORK
A. Site preparation is specified in Section 02100.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Concrete Materials:
1. Concrete for work under this section shall be no less than 3000 psi
at 28 days.
2. Reinforcing bars shall be deformed type bars conforming to
AASHTO M31 Grade 40 or 60. All reinforcing steel shall be shop
fabricated, of size, cross-section and arrangement as described on
approved shop drawings.
3. Welded wire fabric shall be as shown on the drawings and shall
conform to all requirements of AASHTO M55.
4. Expansion joint material shall be 1/2 inch or 3/4 inch thickness
where shown, bituminous type meeting AASHTO spec. M-213-65.
5. Joint sealant shall be hot poured rubber confirming to Fed. Spec.
SS-S-164.
04/08
02510-1
06-5723
I
o
I
I
I
g
I
I
I
I
I
m
I
I
I
I
I
I
I
B. Base Course Material:
1. Base course material shall be graded aggregate conforming to the
FDOT.
PART 3 - EXECUT!ON
3.01 INSTALLATION
A. Sub-grade shall be thoroughly compacted as specified in Division 2.
B. Forms shall conform to the shapes, lines and dimensions of the members
as called for on the plans and shall be substantial and sufficiently tight to
prevent leakage of mortar. They shall be properly braced or tied together
so as to maintain position and shape.
C. Finishing:
1. Float concrete until 1/4-inch cement gel is brought to surface; steel
trowel until dense surface is obtained.
2. Finish with broom at right angles to alignment of work, then round
all exterior edges with 3/4-inch radius after brooming.
D. Curing:
1. Cover walks with sand, sawdust or shavings and keep wet for three
(3) days.
2. Cover walks until final clean-up to prevent damages.
3. Other methods of curing may be used subject to approval of the
Engineer prior to implementation.
E. Concrete walks shall be constructed to lines, widths, grades and thickness
as shown on the Drawings, but sloped not less than 1/8-inch per foot in
direction of water flow. Concrete shall be placed on thoroughly
compacted subgrade, having smooth surface and kept moist until time
concrete is placed.
1. Isolation joints shall be installed at all intersections with other
walks, at head and bottom of steps, curbs and maximum 12-foot
O.C. in runs. Expansion material shall be 1/2-inch thick, but not
less than 1/4-inch, by depth of concrete; 3/4-inch thick were
abutting curbs and gutters, and at parking bays. Expansion
material shall extend from bottom of walk slab to within 1/2-inch of
top, to be filled with poured joint filler.
2. Dummy groves shall be 1/2-inch x 1/2-inch having 1/2-inch aprons.
F. Local conditions, codes and practices shall govern all drive cuts and
aprons.
04/08
02510-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.02 CLEANUP
A. At the completion of the work, Contractor shall clean up all scraps, rubbish
and surplus materials caused by this work and haul them away from the
site and leave job in a neat, clean and orderly condition.
END OF SECTION
04/08
02510-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 02817
CLEARING AND GRUBBING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Work specified in this Section consists of Clearing and Grubbing within
areas specified in the Contract Documents or as directed by the Owner's
representative. Work under this Section includes removal and disposal of
all designated trees, palms, brush, stumps, grass, roots, and other such
protruding objects. Also included is the removal and disposal of fencing,
existing pavement, and debris not required to remain or to be salvaged
that is necessary to prepare the area for the proposed improvements.
Contractor shall notify all utility companies or utility owners (both public or
private) of their intent to perform such work and shall coordinate field
location of utility lines prior to commencement of construction.
B. Other miscellaneous work considered necessary for the complete
preparation of the overall project site is also included under this Section.
Work includes, but is not limited to, the following:
1. Leveling and restoration of terrain outside the limits of construction
for purposes of facilitating maintenance and other post-
construction operations.
2. Trimming of certain trees and shrubs within project limits for
utilization in subsequent landscaping of the project.
3. Plugging or sealing of culvert pipes or other structures to prevent
erosion or collapse of adjacent soils.
1.02 SPECIFICATIONS AND STANDARDS REFERENCE
A. Where supplementary specifications or standards such as ASTM, AWWA,
AASHTO, etc.are referenced, such references shall be latest edition.
PART 2 - PRODUCTS - Not Used.
PART 3
EXECUTION
3.01 CLEARING AND GRUBBING
A. Clearing and Grubbing shall consist of complete removal and disposal of
all items stated in Article 1.01 which are not specified for removal under
other items of the contract.
04/08
02817-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
B.
Unless otherwise shown in the Plans or Contract Documents, Standard
Clearing and Grubbing shall be done within the following areas:
1. All areas where any type of excavation is to be done.
2. All areas where any type of embankment will be constructed.
3. AI! areas where any type of pavement will be constructed.
4. Other areas designated in the Plans or by the Specifications.
c.
Depths of Removal
1. In the areas listed below all roots and other debris shall be
removed to a depth of at least one foot below ground surface. The
surface shall then be plowed to a depth of at least six inches and
all roots exposed shall be removed to a depth of at least one foot.
All stumps including subsurface roots shall be completely removed
to the satisfaction of the Landscape Architect.
Trees shall be removed so roots are pulled out rather than broken
or sawed off. Areas requiring the removal methods stated in this
paragraph are as follows:
a) Excavation areas where roots or similar vegetation in the top
one foot would interfere with disking, harrowing, or finish
grading operations prior to landscaping.
D.
2. In all other embankment areas not listed above where Clearing and
Grubbing is to be done, all roots, stumps, and debris protruding
through or appearing on the surface shall be removed to a depth of
at least one foot below the surface but no plowing or harrowing will
be required in these areas.
Trees to Remain: As an exception to the above provisions, where so
directed by the Existing Conditions Plan, desirable trees within the
clearing limits shall be protected and left standing. No equipment shall
stand, stop, or travel across or inside the drip line of any trees or
vegetation designated to be saved or protected.
E.
Boulders: Any boulders laying on the top of the existing surface or
otherwise encountered during the Clearing and Grubbing shall be
removed and disposed of by the Contractor in areas provided by the
Contractor. As an alternate to off-site disposal and at the Contractor's
expense, he may elect to utilize these boulders in embankments provided
the conditions of Article 3.04 in Section 02820 are satisfied. Any breaking
or splitting of boulders that may be necessary to comply with size
requirements for embankment shall be incidental to the cost of Clearing
and Grubbing. No boulders or rock shall be left or placed on-site.
02817-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.02 SELECTIVE CLEARING AND GRUBBING
A. Selective Clearing and Grubbing shall consist of removing and disposing
of all vegetation, obstructions, etc. as provided above except that in non-
structural areas where the Contractor so elects, roots may be cut off flush
with the ground surface. Stumps shall be completely removed.
Undergrowth shall be completely removed except in areas designated by
the Landscape Architect for aesthetic purposes.
B. Desirable trees, that are designated by the Landscape Architect to
remain, shall be protected and trimmed in such a way to avoid damage to
limbs during construction.
3.04 ERADICATION OF EXOTIC VEGETATION
A. Where listed as a separate pay item, Eradication of Exotic Vegetation
shall consist of removal and disposal of Australian Pine, Melaleucca,
Brazilian Pepper, Florida Holly and other species specifically stated on the
Plans or specified herein. Also included shall be the removal of the
subsurface root system for each exotics.
B. In areas where removal is modified to permit cutting off flush with in the
ground surface, stump and root system shall be treated with an agency
approved chemical herbicide that will ensure the eradication of the root
system.
C. Within the limits established for the Eradication of Exotic Vegetation, all
other trees, brush, etc. not classified as exotic shall be removed, unless
designated in the field by the Owner's representative to remain. The
removal and disposal of non-exotic vegetation shall conform to the
provisions of Article 3.01.
3.06 REMOVAL OF EXISTING STRUCTURES
A. Work specified in this Article shall include removal and disposal of existing
fencing, footers, pipes, and structures of whatever type as specifically
shown in the plans to be removed or as otherwise specified for removal in
the Contract Documents. Also included are structures of whatever type or
portions thereof which are encountered during construction operations.
Where partial removal of a structure is approved by the Engineer,
or Landscape Architect. The portion of the existing structure shall be
backfilled, plugged, or filled in such a way that will prevent the settlement,
movement, erosion or collapse of the adjacent soils.
04/08
02817-3
06-5723
I
I
I
I
D
I
I
I
m
I
m
I
I
-
I
I
D
I
-
3 . 8 DISPOSAL OF MATERIALS
A. Timber, stump, roots, brush, boulders, rubbish, and other objectionable
material resulting from work specified in this Section shall be disposed of
off-site in locations provided by the Contractor.
3.09 OWNERSHIP OF MATERIALS
A. Except as may be otherwise stated in the Contract Documents, all
buildings, structures, appurtenances and other materials removed by the
Contractor shall become the property of the Contractor, to be disposed of
in areas provided by him.
3.10 METHOD OF MEASUREMENT
A. General: For the various items of work specified in this Section when
listed as a separate pay item, payment shall be made by the unit price or
the lump sum amount as established in the Contract Documents. Where
no separate pay item is established, the cost of all such work shall be
included in the various scheduled items of work specified in the Contract
Documents, except as provided below.
B. Clearing and Grubbing: Measurement of Clearing and Grubbing shall
include only the areas specified in the Contract Documents that are
required to be cleared to permit the construction of the various items or
work. Areas that area cleared for convenience, access, or other purposes
that are not a requirement of construction will not be measured for
payment.
C. Selective Clearing and Grubbing: Measurement of Selective Clearing and
Grubbing shall include all areas shown in the plans or designated in the
field by the Owner's representative. This measurement shall include the
total area within the limits of Selective Clearing and Grubbing and no
deduction shall be made for areas in which desirable trees and brush are
designated to remain. Where the limits of Selective Clearing and
Grubbing are shown on the Plans or otherwise established in the Contract
Documents but no separate pay item established, the measurement of
such work shall be included in the quantity or lump sum amount of
"Clearing and Grubbing".
D. Special Clearing and Grubbing: Measurement of Special Clearing and
Grubbing shall include all areas shown in the plans or designated in the
field by the Owner's representative. This measurement shall include only
actual areas cleared by the hand method and shall not include areas
cleared by other methods or areas that remain in their original condition.
04/08
02817-4
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.11
04/08
Where the limits of Special Clearing and Grubbing are shown on the
Plans or otherwise established in the Contract Documents but no
separate pay item established, the measurement of such work shall be
included in the quantity or lump sum amount of "Clearingand Grubbing".
E. Eradication of Exotic Vegetation: Measurement of Eradication of Exotic
Vegetation shall include areas shown on the Plans or designated in the
field by the Owner's representative.
This measurement shall include the total area within the limits established
for Eradication of Exotic Vegetation and include the areas within these
limits where non-exotic vegetation is removed. Where the Owner's
representative has designated desirable vegetation to remain within these
limits, no deduction of area shall be made for the "saved" areas.
Where limits of Eradication of Exotic Vegetation area shown on the Plans
or otherwise established in the Contract Documents but no separate pay
item established, the measurement of such work shall be included in the
quantity or lump sum amount of "Clearing and Grubbing".
F. Removal of Existing Pavement: When a separate pay item is established
for the Removal of Existing Pavement, the quantity to be paid shall be by
the square yard for the actual quantity removed and disposed of off-site.
BASIS FOR PAYMENT
A. General: Prices and payments for the various work items included in this
Section shall constitute full compensation for all work described herein
and shall include all removal, disposal, protecting, trimming, breaking,
plugging, eradication, or any other items specified in this Section.
B. Pay Items: For all work specified in this Section, payment shall be made
in. accordance with the list of pay items established or as otherwise
defined in the Contract Documents. The description of a pay item in the
proposal section may vary from the descriptions stated in this Section.
END OF SECTION
02817-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 03251
JOINTS
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish all materials, labor, equipment and incidentals required to make
all joints tight in the concrete as detailed on the Drawings and as specified
herein.
1.02 SUBMITTALS
A. Submit shop drawings showing placement of forms, form joints major
inserts and blockouts in accordance with Section 01340.
1.03 RELATED WORK
A. Section 03300: Cast-In-Place Concrete
B. Section 03350: Concrete Finishes
PART 2 - PRODUCTS
2.01 EXPANSION JOINTS - FLOOR
A. Floor expansion joints shall be types UX-FIOO and UX-JIOO 1-inch joint
systems as manufactured by Metraflex, Mercer, EBAA Iron or approved
substitution.
B. Retainers shall be extruded aluminum alloy 6063-T5. Aluminum retainers
shall be chemically treated to prepare surfaces for complete adhesion of
the sealant.
C. Sealant shall be an elastomeric material capable of allowing
multi-directional movement while maintaining cohesion and adhesion
capabilities. The sealant shall have a maximum hardness of Shore A25
with tensile strength and elongation to meet ASTM D412. The sealant
shall perform between temperatures of -20AF and 150AF. Moisture vapor
transmission shall meet ASTM C355.
D. The joint assembly shall be capable of a minimum of 50 percent
movement in any direction from the normal position.
E. All aluminum surfaces in contact with concrete or masonry shall receive
one sprayed-on, factory applied coat of baked-on epoxy primer.
04/08
03251-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
F. Sealant color shall be selected by the Engineer.
2.02 EXPANSION JOINTS - OTHER
A.
Pre:>mnlrle:>rl J'o"nt fil!e:>r cha!' be:> 3/Ll.-"n"h th,'''k or ~c chnw'n nn the:> Dr~W"lnnc
1""-' ..vu_..... I.. II''''' vi I "'" I' 'OJ I ....,'" '-"_....,....., I ...., I.. '-" ."'" II~"'"
and shall be a self-expanding cork, Servicised Products, W.R. Grace and
Company, Code No. 4324 equal by W.R. Meadows, Inc., or approved
substitution.
B.
Joint sealant shall be a two component synthetic rubber compound based
on Thiokol liquid polysulphide polymer by W.R. Grade and Company,
Toch Bros., Tremco Co., or equal. Sealant shall develop a Shore
Hardness of at least 30 after seven days curing. Back-up material where
required shall be approved closed cell polyethylene foam rods of
diameters to suit joint conditions.
C.
Primer shall be as recommended by sealant manufacturer.
2.03 WATERSTOPS
A. Waterstops for construction joints, where indicated, shall be 8 or 12
inches x 1/8-inch steel and be hot-dipped galvanized.
PART 3 - EXECUTION
3.01 INSTALLATION
A. Steel waterstops shall have all joints fully welded and shall be carefully set
and held in place so that 4-inches extends straight into concrete
placement at each side of joint.
B. Premolded joint fillers shall be installed at all locations shown on the
Drawings.
C. Joint sealant for all joints indicated on the Drawings shall be placed to the
depths shown. Preparation of surfaces, priming, and the handling and
preparation of materials shall be in complete compliance with the
manufacturer's instructions as approved.
D. Flex-Seal systems shall be installed in accordance with the
manufacturer's recommendations.
END OF SECTION
04/08
03251-2
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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. Testing is specified in Section 01410.
B. Concrete reinforcement is specified in Section 03200.
C. Precast Concrete Hollow Core Plank is specified in Section 03415.
D. Joints are specified in Section 03251.
E. Walkways are specified in Section 02510.
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
04/08
03300-1
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
J. ASTM C-494 Concrete Ad Mixtures
K. ACI 304 Truck Mixers
L. ,L\STM 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.
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
Owner. Cost of such work, except as specifically stated otherwise, will be
paid for by the Owner. 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.
04/08
03300-2
06-5723
I
I B.
I
I c.
I
I
I
I
I
I
I
I D.
I
E.
I
I
I F.
I
I
I 04/08
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
t,.., tho boginning I"'\f plac'lng f"onf"reto
LV Lt'''''' '"' 1111111 VI V I _I """.
The limiting strengths, water-cement ratios and cement factors as shown
on Table A shall apply. Maximum water-cement (#1#) for structures shall
be 0.53 by weight.
TABLE A
Minimum
Compo Str.
psi at 28 days
Maximum Net
Water Content
gals/100 Ibs*
Minimum
Cement Factor
100 Ibslcu yd**
2500
3000
3500
4000
7.4
7.0
6.4
5.85
4.3
4.8
5.64
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.
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.
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.
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.
03300-3
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
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
Max.*
(inches)
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. No
additional water shall be added by drivers of transit-mix trucks except that
established for the design. Failure to comply with this requirement shall
be justification for rejecting the concrete.
J. The entrained air, as measured by the Pressure Method, ASTM C231, shall
be as shown in Table C.
TABLE C
Nominal Maximum Size
of Coarse Aqqregate(in)
Total Air Measured at
Discharqe from truck (%)
2"
1"
3/4"
2.5 - 5.5
6.5
4.0 - 8.0
03300-4
06-5723
I
I
I
g
I
I
g
I
I
I
I
I
I
I
I
I
I
I
I
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 fl., 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
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.
TABLE "D"
Design
Strength
Min. Lab.
7 Days*
Strength
28 Days**
3000
3500
4000
2500
3000
3500
3500
4100
4600
*
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.
04/08
03300-5
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials shall conform to these Specifications and any state or loca!
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 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
16
50
100
95-100%
60-75
13-30
3-8
Fineness Modulus
Organics
Silt
Mortar Strength
2.4-2.6
Organic Plate 2, per ASTM
C-40
2.0% maximum
95% minimum as per ASTM
C87, Section 10
8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
Soundness
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
Silt
Soundness
Organic Plate 1, per ASTM
C-40
1.0% maximum
8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
04/08
03300-6
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
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.
03300-7 06-5723
04/08
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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
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' Bureau of the National Ready-Mixed Concrete
Association, as well as ACI Standard 304 and ASTM Specification C94.
D. The retempering 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.
04/08
03300-8
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 tota! number of specimens taken on the project may
average one set per 150 cu yds, and in general not less than one set of
specimens will be taken on anyone 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
A. Concrete for every part of the work shall be homogeneous structure
which, when hardened, will have the required strength, durability and
appearance.
04/08
03300-9
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
~ ng
.....,.vv
04/08
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.
FORMS
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 nonstaining oil or liquid form coating having a
non-paraffin base.
03300-10
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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.
I. 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.
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 rehandling. Partially
hardened concrete is not to be used.
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 its-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 surface. Vertical lifts shall not exceed 24-inches and preferably
18-inches.
04/08
03300-11
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
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 dE?posit 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 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.
J.
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.
03300-12
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I'
I
3.08 CURING AND PROTECTION
04/08
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.
03300-13
06-5723
I
I
D
o
I
I
I
I
I
I
I
I
m
I
I
I
I
I
I
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
Dav-Deqree*
Beams and slabs
Walls and vertical surfaces (non-
water retaining)
Walls and vertical surfaces (water
retaining)
500
100
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 suoh 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.
04/08
03300-14
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
II
3.11
04/08
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 anyone 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 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.
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 Oust short of "balling").
03300-15 06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
04/08
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 if they 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
(nontrowelable) mixtures and to avoid sagging. Thick repairs will require
build-up in successive I 1/2 inch layers on successive days, each layer
being applied (with slurry, etc.) as described above. To aid strength and
bonding of the multiple layer repairs, the Engineer may order the use of
Embeco non-shrink, metallic aggregate by the Master Builders Company,
Cleveland, OH or lronite by Fox Industries, Madison IL as an additive as
follows:
Material
Volumes
Weiqhts
Cement
Embeco
Sand
1.0
0.15
1.5
1.0
0.25
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.
03300-16
06-5723
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
3.12 INSTALLATION SCHEDULE
A. Concrete for all structures shall have minimum compressive strength at 28
r1a"s Of 4000 nsi un10cs nthonA/iso inrl'lf"atorl on tho dr~'^'I'n"s
UJ 1- t"'1 ........."" vl_iVw,_......v __ 111- I..........I.~.
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
04/08
03300-17
06-5723