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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