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CITY OF SUNNY ISLES BEACH
SUNNY ISLES BEACH ENTRANCE SIGNS
(ELECTRICAL)
FOR BIDDING PURPOSES ONLY
Prepared by: _S. ET # 0 3
Calvin, Giordano & Associates, Inc.
. $ Engineers • Surveyors • Planners
r
g 1800 Eller Drive, Suite 600
s Fort Lauderdale, Florida 33316
s Phone: 954 9217781 Fax: 954 9218807
CGA Project No. 03- 4138.A
City of Sunny Isles Beach Bid No. 03 -07 -01
July 2003
CITY OF SUNNY ISLES BEACH
SUNNY ISLES BEACH ENTRANCE SIGNS
(ELECTRICAL)
Contract Documents
and
Specifications
Calvin, Giordano & Associates, Inc.
Engineers • Surveyors • Planners
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
Phone: 954 921 7781 Fax: 954 921 8807
CGA Project No. 03- 4138.A
City of Sunny Isles Beach Bid No. 03 -07 -01
July 2003
'
DIVISION 1
TABLE OF CONTENTS
SUNNY ISLES BEACH ENTRANCE SIGNS (ELECTRICAL)
CGA Project No. 03- 4138.A
City of Sunny Isles Beach Bid No. 03 -07 -01
01010
Summary of Work
BIDDING
REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
'
CONTRACT
Measurement and Payment
DOCUMENTS
01030
Special Project Procedures
01050
00020
Notice to Bidders
01340
00100
Instructions to Bidders
01410
00300
Bid Form
01570
00401
Bid Bond
01600
00402
Public Entity Crimes Affidavit
01701
01720
00403
Trench Safety Act
01740
00420
Information Required from Bidders
00500
EJCDC Standard Form of Agreement
'
00600
Payment Bond
00601
Performance Bond
'
00650
Acknowledgment of Conformance with O.S.H.A. Standards
00700
General Conditions
00800
Supplementary Conditions
'
00900
Addenda
ISPECIFICATIONS
'
DIVISION 1
- GENERAL REQUIREMENTS
01010
Summary of Work
01021
Cash Allowances
'
01025
Measurement and Payment
01030
Special Project Procedures
01050
Field Engineering
01340
Shop Drawings, Working Drawings and Samples
01410
Testing and Testing Laboratory Services
'
01570
Traffic Regulation
01600
Material and Equipment
01701
01720
Project Closeout
Project Record Documents
01740
Warranties and Bonds
1 07103 1 03- 4138.A
DIVISION 2 - SITEWORK
02200
Earthwork
02221
Trenching, Bedding and Backfill for Pipe
02481
Shrub and Tree Relocation
02487
Sodding
02490
Trees, Plants and Groundcover
02513
Asphaltic Concrete Paving
02580
Pavement Markings and Signing
DIVISION 3 - CONCRETE
03251 Joints
03300 Cast -In -Place Concrete
DIVISION 4 - 15
DIVISION 16
16050
16200
Electrical
Jack and Bore
07/03 ii 03- 4138.A
t
[l
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.
Sunny Isles Beach Entrance Signs (Electrical)
CGA Project No. 03- 4138.A
City of Sunny Isles Beach Bid No. 03 -07 -01
Sealed bids for the construction of the Sunny Isles Beach Entrance Signs consisting
(Project Description) will be received by the Owner, City of Sunny Isles Beach.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed
bids will be received by the City Clerk until 10:00 a.m., on Thursday, August 7,
2003 at the City of Sunny Isles Beach, City Hall located at 17070 Collins Avenue,
Suite 250, Sunny Isles Beach, Florida, 33160. Bids received after this time will be
returned unopened. Bids submitted will be opened publicly and read aloud at this
time.
A mandatory Pre -Bid Conference is scheduled for 10:00 a.m., Monday, July 21,
2003 at the City of Sunny Isles Beach, City Hall located at 17070 Collins Avenue,
Suite 250, Sunny Isles Beach, Florida, 33160 (305) 947 -0606. All contractors
planning to submit a bid are required to attend this meeting. Contractors should
allow sufficient time to insure arrival prior to the indicated time. Bids from those
who have failed to attend will not be accepted. Contractors arriving past the
indicated time will not be eligible to submit a bid.
Bidders may obtain complete sets of Bidding Documents from the City Clerk Office
located at the City of Sunny Isles Beach, City Hall located at 17070 Collins
Avenue, Suite 250, Sunny Isles Beach, Florida, 33160, at no charge. Partial sets
of Bidding Documents will not be available.
Bid security in the amount of five percent (5 %) of the Total Bid must accompany
the Bid in accordance with the Instructions to Bidders.
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.
07/03 00020 -1 03- 4138.A
For further information, contact the office of the Engineer c/o Calvin, Giordano &
Associates, Inc. at (954) 921 -7781.
Jane Hines
Deputy City Clerk
City of Sunny Isles Beach
Publish Dates: July 6, 2003
END OF DOCUMENT
07/03 00020 -2 03- 4138.A
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.
2. BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of the
Engineer as stated in the Advertisement for Bid.
2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation
of Bids; neither the Owner nor the Engineer assume any responsibility for
errors or misinterpretations resulting from the use of incomplete sets.
2.3 Bidding documents consist of this project manual along with the following
construction plans titled:
a. Sunny Isles Beach Entrance Signs (Electrical)
CGA Project No. 03- 4138.A
City of Sunny Isles Beach Bid No. 03 -07 -01
3. EXAMINATION OF DOCUMENTS AND SITE
3.1 Bidders shall visit the site of the proposed work and become familiar with the
nature and extent of work to be performed and local conditions that may
affect the work.
3.2 The Bidding Documents were prepared to present an essentially accurate
representation of existing conditions, interpreted from available information
on the site. The Bidder is not relieved, however, of the responsibility of
becoming fully informed as to existing conditions at the site.
07/03 00100 -1 03- 4138.A
1
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. (954)
921-7781.
6.2 If requested by the Owner, the Bidder shall submit a certified financial
statement, prepared within the past 30 days, indicating current financial
resources, liabilities, capital equipment, and past history performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a. Reason to believe that collusion exists among Bidders.
' b. Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records, or
other questionnaires.
' 07/03 00100 -2 03- 4138.A
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.
i5.
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.
6.3 Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a. Reason to believe that collusion exists among Bidders.
' b. Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records, or
other questionnaires.
' 07/03 00100 -2 03- 4138.A
C. The Bidder's uncompleted work load which in the judgement of the
Owner, may cause detrimental impact on prompt completion of this
project.
d. The Bidder is involved in any litigation against the Owner.
e. The Bidder has defaulted on any previous contract or is in arrears on
' any existing contract.
f. The submittal of more than one proposal from an individual, firm,
partnership, corporation or association under the same or different
' names.
6.4 It shall be a requirement of this bid that there are no related party
' transactions between the bidder and any employee, agent or contractor of
the City of Sunny Isles Beach. Any bidder who is a related party, as noted
herein, will be considered nonresponsive 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:
' 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.
' 8. BID PREPARATION
' 8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid
Form filled in by typewriter or written in ink.
' 8.2 State total base bid amount in both words and figures. In case of a
discrepancy between the two, the amount written in words shall govern.
' 8.3 Bids shall include the legal name and address of the Bidder and indicate
whether the Bidder is a sole proprietor, a partnership, a corporation, or other
legal entity.
' a. Individual - provide name and post office address.
b. Partnership - provide name and post office address of each member of
' the partnership.
C. Corporation - provide name and post office address of person signing
the form and legal evidence of his authority to do so; names and
' addresses of the corporation president, secretary and treasurer; name
of state where chartered; and affixed with the seal of the corporation,
attested by the secretary.
07/03 00100 -3 03- 4138.A
1
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.
' 9. BID SUBMITTAL
9.1 Submit one copy of the Bid Form, the bid security, the list of
Subcontractors, and other requested attachments, enclosed in a sealed
opaque envelope, addressed to the entity receiving the bids as stated in the
Advertisement for Bids. The envelope shall be further identified with the
Project name, the Bidder's name and address, and the words "BID
ENCLOSED ".
' 9.2 Deposit Bids at the designated location on or before the time and date for
receipt of Bids indicated in the Advertisement for Bids. Bids received after
the time and date indicated for receipt of Bids will be returned unopened.
10. BID SECURITY
' 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or
National Bank in Florida, or an acceptable Bidders Bond, payable
' unconditionally to the Owner, in an amount of five percent (5 %) of the
amount of the total Bid.
' 10.2 Failure of the successful Bidder to enter into the Contract in accordance with
his Bid, or failure to furnish the required bonds will be just cause for an
annulment of the award with the amount of the bid security being forfeited
to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable Surety companies shall be
determined from the latest United States Treasury Department's list of
companies holding certificates of authority as acceptable Sureties on Federal
Bonds. Requirements for Acceptable Surety Companies are outlined in Item
15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award
may be considered until successful execution of the Contract and bonds; or
the specified time for holding bids has elapsed; or all Bids have been
rejected.
' 1 1 . MODIFICATION AND WITHDRAWAL OF BID
I
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.
1 07/03 00100 -4 03- 4138.A
I
1
11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a
period of 90 days after the time and date designated for the receipt of bids.
12. OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and place
stated in the Advertisement for Bids.
13. GOVERNING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration
excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project.
In compliance with current State of Florida statutes, the Bidder shall provide
documentation required by the Florida Trench Safety statute to the Owner,
in conjunction with the Bid Form.
14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially complete
by the date set forth in the Agreement. The Contractor (and his Surety)
shall be liable for liquidated damages in accordance with the Supplementary
Conditions and the Agreement.
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:
a. Performance Bond guaranteeing full and faithful execution of the
Work in an amount equal to 100 percent of the Contract Sum, and
including guaranteed repair and maintenance of all defects due to
faulty materials and workmanship that appear within one year after
completion of contract.
b. Labor and Material Payment Bond guaranteeing full and proper
protection of all claimants supplying labor and materials in the Work
in an amount equal to 100 percent of the Contract Sum.
15.2 Bonds shall be executed by Surety authorized to do business in the State of
Florida and listed on the latest U.S. Treasury Department list of companies
holding certificates of authority as acceptable sureties on Federal Bonds.
15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have
affixed thereto a certified and current copy of Power of Attorney, indicating
the monetary limit of such power.
' 15.4 Qualifications: As to companies being rated acceptable:
1 07/03 00100 -5 03- 4138.A
16
17
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.
a. 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.
b. The Surety Company shall have at least the following minimum
ratings:
Amount of Bond Policyholder's Rating Financial Size
Category
100,000 to 1,000,000 B+ + Class V or higher
1,000,001 to 2,000,000 A- Class VI or higher
2,000,001 to 5,000,000 A Class VII or higher
C. All Surety Companies are subject to review and approval by the
Owner and may be rejected without cause. All bonds signed by an
Agency must be accompanied by a certificate of authority to act.
15.5 The Surety Company shall submit verification from the Department of
Insurance Office of the Treasurer stating the surety company's license and
certificate of authorization to do business in the State of Florida.
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
07/03 00100 -6 03- 4138.A
17.1 A notice of intent to award a contract (" Notice of Intent to Consider Award ")
shall be posted in the City Hall lobby not less than seven calendar days prior
to award of the contract by the City Commission.
17.2 After a Notice of Intent is posted, any actual bidder who is aggrieved in
connection with the pending award of the contract, or any element of the
process leading to the award of the contract, may protest to the City Manager
or his /her designee. A complete protest must be filed within five business
1 days after posting or any right to protest is forfeited. The protest must be in
writing on forms provided by the City, must identify the name and address of
the protester, and must include a factual summary of, and the basis for, the
protest. Filing shall be considered complete when a completed protest form is
received by the City Manager or his /her designee and the required protest
deposit (see paragraph (F) below) has been paid.
17.3 A protest committee shall have the authority to review the protest and
recommend to the City Commission whether to sustain or reject the protest.
The protest committee shall be comprised of the Director of Financial Services
(the " Director "), the City Manager or his /her designee, and the director or
designee of the department or office for which the contract is to be awarded
(" affected director "). The committee's review shall be informal. The
Director, or the affected director, shall serve as the chairperson of the
committee. The City Attorney or designee shall be counsel to the committee.
' 17.4 If the protest committee determines that the pending award of a contract, or
any element of the process leading to the award, involved a significant
violation of law or applicable rule or regulation, it shall recommend to the
City Commission that the protest be sustained. If the committee determines
that the protest is without merit, the City Manager or his /her designee shall
issue a decision in writing stating the reason for the decision and furnish a
copy to the protester and any other interested party. Thereafter the process
leading to the award shall proceed forthwith.
17.5 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
city.
17.6 The city shall require a deposit from a protester to compensate the City for
the expenses of administering the protest. If the protest is decided in the
1 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 city. 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 5500 and a maximum deposit of $10,000.
' 18. CONTRACT AWARD AND EXECUTION
1 07/03 00100 -7 03- 4138.A
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
Total Base Bidder whose Bid is in conformance with the Bidding Documents
and does not exceed the funds available.
18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder
shall deliver the executed Contract, along with required bonds and any other
items requested, to the Owner within 10 days. Failure to do so will be
1 deemed as a breach of agreement by the Bidder and result in forfeiture of bid
security as described in the Instructions to Bidders.
18.4 The Owner reserves the right to hold all proposals and bid guarantees for a
period not to exceed 90 days after the date of bid opening stated in the
Advertisement for Bids.
18.5 The award of the contract, if it is awarded, will be to the lowest responsible
total base bidder whose qualifications indicate the award will be to the best
interest of the Owner and whose proposal shall comply with the
requirements of the Contract Documents. Time is of the essence for this
project and the time limits set in the proposal, if set by the bidder, will be
accorded weight by the Owner in the determination of the best proposal. In
no case will the award be made until all necessary investigations have been
made into the responsibility of the low bidder and the Owner is satisfied that
the bidder is qualified to do the Work and have the necessary organization,
capital and equipment to carry out the provisions of the contract to the
satisfaction of the Owner within the time specified.
18.7 If the Contractor feels that a problem exists either prior to, or during the bid
opening, he shall contact the City (within 24 hours of the bid opening) and
follow the Citys' current policy for bid protests.
18.8 The Owner reserves the right to award as a total contract any combination
1 of the Unit Price Bid Schedule Items that would be in the best interest of the
Owner.
19. CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document
00300, for this purpose only. The Contractor shall not proceed on any
additional work to be covered by allowances until authorized in writing by
the Engineer. Such work shall be approved by the Owner, shall be within
the scope of work defined by this Contract and shall not exceed the amount
indicated in the Bid Form. Any amount remaining in the Cash Allowance will
be retained by the Owner.
END OF DOCUMENT
07/03 00100 -8 03- 4138.A
SECTION 00300
BID FORM
Bid of
Address
Phone
to furnish all materials, equipment and labor and to perform all work in accordance
1 with the Contract Documents for construction of: SUNNY ISLES BEACH
ENTRANCE SIGNS (ELECTRICAL) located in CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site
of the proposed work and is familiar with the nature and extent of the work and
( any local conditions that may in any manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for
by the Bidding Documents, in the manner prescribed therein and to the standards
of quality and performance established by the Engineer for the unit price amounts
' stated in the spaces herein provided, for each of the items or combination of items
stipulated. Unit price line items shall include cost of implementing all applicable
safety requirements. Bidder acknowledges that estimated quantities scheduled are
approximated for the sole purpose of obtaining comparative bids for determination
of the lowest responsible bidder and actual quantities required may increase or
decrease. Bidder further agrees that payments will be made on the basis of actual
quantities placed and accepted in the construction.
t
1
07/03 00300 -1 03- 4138.A
SUNNY ISLES BEACH ENTRANCE SIGNS (ELECTRICAL)
UNIT PRICE BID SCHEDULE
Item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. GENERAL
1 Mobilization and Demobilization of all
equipment and personnel (10% of total bid) 1 LS $
$
2 Maintenance of Traffic
1 LS $
$
SUBTOTAL GENERAL
$
II. ELECTRICAL
3 Electrical work, complete as per plan, including
but not limited to conduits, trenching, backfill,
restoration) 1 LS $
$
TOTAL BASE BID (ITEMS 1 - 3) $
(Written)
(Authorized Signature)
07/03 00300 -2 03- 4138.A
BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount
of $ 5% (not less than 5% of the bid) made payable to the Owner which may be
forfeited as liquidated damages if, in the event this proposal is accepted, the
undersigned fails to execute the Agreement and furnish and pay for the required
performance and payment bonds for the Owner within 10 days after acceptance of
the Bid; otherwise said certified or cashier's check or bid bond will be returned to
the undersigned.
The undersigned Bidder agrees to commence work within 10 days after the date of
written Notice to Proceed, and further agrees to substantially complete the work
within 20 consecutive calendar days after the date of written Notice to Proceed,
subject to such extensions of time allowed by the Conditions of the Contract.
1 The undersigned Bidder also agrees to complete the entire work within 30 days
after the Contract time commences to run.
1
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The undersigned Bidder agrees that this Bid shall be good and may not be
withdrawn for a period of 90 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.
07/03 00300 -3 03- 4138.A
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1.
Dated this
SEAL
2. ,3. ,4. ,5.
day of
(month) (year)
Contractor:
Address:
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
07/03 00300 -4 03- 4138.A
DOCUMENT 00401
BID BOND
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach Florida 33160
BID
BID DUE DATE:
PROJECT (Brief Description including Location):
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
BIDDER SURETY
Bidder's Name and Corporate Seal
By:
Signature and Title
Attest:
(Seal) (Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond 00401 -1 03- 4138.A
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1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of
Bidder's bid and the total amount of the bid of the next
lowest, responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1.1. If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents and Contract
Documents.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding
Documents and any performance and
payment bonds required by the Bidding
Documents and Contract Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed
to in writing by Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
IBid Bond
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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
required in paragraph 4 above is received by Bidder and
Surety and in no case later than one year after Bid Due
Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal delivery, commercial courier or by
United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be
effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable provision of this Bond conflicts with any
applicable provision of any applicable statute, then the
provision of said statute shall govern and the remainder
of this Bond that is not in conflict therewith shall
continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer
or proposal as applicable.
00401 -2
03- 4138.A
J
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
IOTHER 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
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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)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
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.
Form PUR 7068 (Rev. 06/11/92) 00402 -1 03- 4138.A
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6. Based on information and belief, the statement which I have marked below is true in relation to the entity
1 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.
1 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
1 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]
ISworn to and subscribed before me this day of 12003.
jPersonally known
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OR Produced identification
(Type of identification)
Notary Public - State of
My commission expires
(Printed typed or stamped
commissioned name of notary public)
IForm PUR 7068 (Rev. 06/11/92) 00402 -2 03- 4138.A
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 Unit of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (LFSF)
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
07/03 00403 -1 03- 4138.A
DOCUMENT 00420
INFORMATION REQUIRED FROM BIDDERS
GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to comply with this requirement may cause
its rejection. Additional sheets shall be attached as required.
1. Contractor's Name /Address:
2
3
4
Contractor's Telephone Number:
Cnntrartnr's License:
Primary Classification:
Number of years as a Contractor in construction work of the type involved in this Contract:
5. List the names and titles of all officers of Contractor's firm:
6. Name of person who inspected site or proposed work for your firm:
Name.
7.
Date of Inspection:
What is the last project of this nature you have completed?
8. Have you ever failed to complete work awarded to you; if so, where and why?
07/03 00420 -1 03- 4138.A
9. Name three individuals or corporations for which you have performed work and to which you
refer:
10. List the following information concerning all contracts on hand as of the date of submission of
this proposal. (In case of co- venture, list the information for all co-ventures).
NAME TOTAL CONTRACTED %
OF CONTRACT DATE OF COMPLETION
PROJECT CITY VALUE COMPLETION TO DATE
(Continue list on inset sheet, if necessary)
11. What equipment do you own that is available for the work?
12. What equipment will you purchase for the proposed work?
NOTE: Attach additional sheets if required.
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
07/03 00420 -2 03- 4138.A
LIST OF SUBCONTRACTORS
The Bidder SHALL list below the name and address of each Subcontractor who will perform work
under this Contract in excess of one -half percent of the total bid price, and shall also list the portion of
the work which will be done by such Subcontractor. After the opening of Proposals, changes or
substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors
must be properly licensed.
Work to be Performed Subcontractor's Name /Address
1.
M
3.
4,
5.
A
7.
91
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10.
NOTE: Attach additional sheets if required.
07/03 00420 -3 03- 4138.A
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' 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 2003 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:
Sunny Isles Beach Entrance Signs (Electrical)
' Article 2. ENGINEER.
' The Project has been designed by: CALVIN, GIORDANO & ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
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 20 days after the date when the
Contract Times commence to run as provided in paragraph 2.3 of the General Conditions,
and completed and ready for final payment in accordance with paragraph 14.07 of the
General Conditions within 30 days after the date when the Contract Times commence to run.
3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
' essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize the
delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the
Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER
and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER Five Hundred and 00/100 dollars ($500.00) for each day
that expires after the time specified in paragraph 3.1 for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work 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 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.
07/03 00500 -1 03- 4138.A
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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 and 4.2 below:
4.1, for all Work other than Unit Price Work, a Lump Sum of: N/A
(use words)
IS )
figures
All specific cash allowances are included in the above price and have been computed in
accordance with paragraph 11 .02 of the General Conditions;
plus
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in this paragraph 4.2:
UNIT PRICE WORK
ESTIMATED
NO. ITEM UNIT QUANTITY
Refer to Exhibit "A" ( -)
TOTAL OF ALL UNIT PRICES
UNIT TOTAL
PRICE ESTIMATED
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in
paragraph 11 .03.13 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account
of the contract Price on the basis of CONTRACTOR's Applications for Payment as
recommended by ENGINEER, on or about the last day of each month during construction as
provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the
schedule of values established in paragraph 2.07 of the General Conditions (and in the case
of Unit Price Work based on the number of units completed) or, in the event there is no
schedule of values, as provided in the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER shall
07103 00500 -2
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03- 4138.A
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determine, or OWNER may withhold, in accordance with paragraph 14.02 of the
General Conditions.
90 1 % 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.
90 % (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.02 of
the General Conditions and within Section 9 -6.5 partial payments as
provided in FDOT Standard Specifications for Road and Bridge Construction.
5.1.2. When circumstances beyond the CONTRACTORS control arise (as
determined by the OWNER) the OWNER may allow the total payment to the
CONTRACTOR to increase to 98% of the contract price (with the balance being
retainage), less such amounts as ENGINEER shall determine, only after receipt of the
final as- builts and upon substantial completion of the project and in accordance with
Paragraph 14.02 of the General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including
the Addenda listed in paragraph 8) and the other related data identified in the Bidding
Documents including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of
the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.2.1. 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
07/03 00500 -3
03- 4138.A
1
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.
1
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.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1. This Agreement (pages 1 to10 inclusive).
8.2. Exhibits to this Agreement (page) A -1 inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601
and consisting of 4 pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 1 to 42 , inclusive).
8.6. Supplementary Conditions (pages 0800 -1 to 00800 -7 , inclusive).
8.7. Specifications bearing the title Sunny Isles Beach Entrance Signs (Electrical) and
consisting of 3 divisions and 109 pages, as listed in Table of Contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered EE =1 through EE =5,
inclusive with each sheet bearing the following general title: SEE ARTICLE 9
8.9. Addenda , inclusive.
07103 00500 -4 03- 4138.A
1
' 8.10. CONTRACTOR's Bid (pages , inclusive).
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A
' to _ 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.
iThe 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.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that
may become due and moneys that are due may not be assigned without such
' consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an
assignment no assignment will release or discharge the assignor from any duty or
' responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
' representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provisions or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
' 9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
SUNNY ISLES BEACH ENTRANCE SIGNS
CGA Project No. 03- 4138.A
DESCRIPTION SHEET NO.
Electrical Site Plan E -1
Electrical Site Pan E -2
LC Details E -3
07103 00500 -5 03- 4138.A
II
Electrical Site Plan E -4
Electrical Site Plan E -5
' MOT - General Notes
MOT — Multilane Divided — Rural
MOT — Multilane Divided - Urban
' 9.5.2. The CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY
ISLES BEACH, AND CALVIN GIORDANO & ASSOCIATES, INC., Civil Engineers-Planners-
Surveyors, 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 these roadway improvements; or by or in consequence of
any negligence in connection with the same; or by use of any improper materials or by or on
' account of any act or omission of the said Contractor, subcontractor, agents, servants, or
employees; and
' 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than
$1,000,000 for injuries, including willful death, to any one person and subject to those same
limits for each person, in an amount not less that $1,000,000 for damages as a result of each
occurrence and property damage insurance and in an amount not less than $1,000,000 for
damages on any one occurrence. Such policy shall specifically protect the CITY OF SUNNY
' ISLES BEACH, AND CALVIN, GIORDANO & ASSOCIATES, INC., Civil Engineers-Planners-
Surveyors, their agents and employees, by making them an additional insured, and shall not
be modified or canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES
BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together
with any modification or additions be delayed beyond the time herein set because of 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.
FJ
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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
Agreement).
ATTEST:
[CORPORATE SEAL]
, 2003 (which is the Effective Date of the
By
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
07/03 00500 -7 03- 4138.A
SIGNATURE PAGE FOR CONTRACTS /AGREEMENTS
CITY EXECUTIONS
IN WITNESS WHEREOF, the parties hereto have made and executed this
(Agreement or Contract) on the respective dates under each signature: City of Sunny Isles
Beach through its City Commission, signing by and through its Mayor, authorized to
execute same by Commission action on the day of and
CONTRACTOR authorized to execute same.
ATTEST:
Jane Hines, Acting, City Clerk
Approved as to form and legality by
Office of the City Attorney
By:
Lynn M. Dannheisser, City Attorney
day of ,2003
CITY OF SUNNY ISLES BEACH, through its
City Commission
By:
David Samson, Mayor
day of ,2003
By:
Christopher J. Russo, City Manager
day of ,2003
(CITY SEAL)
07/03 00500 -8 03- 4138.A
CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
Miami -Dade
is
behalf of the Corporation.
Signed and sealed this day of
(SEAL)
certify that I am the of
and that
, who signed the Bid with City of Sunny Isles,
County Florida for
, CGA Project No. ,
of said Corporation with full authority to sign said Bid on
2003.
Signature
Typed w /Title
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me this _ day of , 2003.
My Commission Expires:
Notary Public
07/03 00500 -9 03- 4138.A
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, certify that I am the of
, who
signed the Bid with City of Sunny Isles Beach, Miami -Dade County Florida for the project titled
, Calvin, Giordano & Associates, Inc.
Project No. , and that the following persons have the authority to sign
payment requests on behalf of the Corporation:
(Signature)
(Signature)
(Signature)
Signed and sealed this day of , 2003.
(SEAL)
(Typed Name w /Title)
(Typed Name w /Title)
(Typed Name w /Title)
Signature
Typed w /Title
STATE OF FLORIDA
COUNTY OF
SWORN TO AND SUBSCRIBED before me this _ day of , 2003.
My Commission Expires:
Notary Public
07/03 00500 -10 03- 4138.A
' Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
1 CONTRACTOR (Name and Address):
1
OWNER (Name and Address):
I
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
n
SURETY (Name and Principal Place of Business):
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
SUNNY ISLES BEACH ENTRANCE SIGNS (ELECTRICAL)
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
' Company
Signature:
Name and Title:
Signature:
Name and Title:
SURETY
(Corp. Seal) Company
Signature:
Name and Title:
(Corp. Seal)
(Corp. Seal)
t00600 -1 03- 4138.A
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.
0
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1. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all claims,
demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the
Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered defense of
such claims, demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described
in Paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom
the labor was done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
paragraph 12) and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within
45 days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Contractor in the performance of the Construction Contract
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of
the work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to relate subcontracts, purchase orders
and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the work
or part of the work is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by Subparagraph 4.1 or
Clause 4.2 (iii), or (2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished by anyone under the
construction Contract, whichever of (1) or (2) first occurs. If the provisions of
this Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice
by Surety, the Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the
signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory
or other legal requirement shall be deemed incorporated herein. The intent is,
that this Bond shall be construed as a statutory bond and not as a common law
bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
00600 -2
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.
03- 4138.A
' Construction Performance Bond
1
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
' OWNER (Name and Address):
' CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
SURETY (Name and Principal Place of Business):
' CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
SUNNY ISLES BEACH ENTRANCE SIGNS (ELECTRICAL)
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
r
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Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
Signature:
Name and Title:
SURETY
(Corp. Seal) Company
Signature:
Name and Title:
SURETY
(Corp. Seal) Company
Signature:
Name and Title:
(Corp. Seal)
(Corp. Seal)
1 00601 -1 03- 4138.A
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.
f
1
1
1
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. The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below, that the Owner is
considering declaring a Contractor Default and has requested and
attempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety agree, the
Contractor shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor
Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract, and
pay to the Owner the amount of damages as described in
Paragraph 6 in excess of the Balance of the Contract Price
incurred by the Owner resulting from the Contractor's default:
or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner: or
2. Deny liability in whole or in part and notify the Owner
citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part,
without further notice the Owner shall be entitled to enforce any remedy
available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract, and
the responsibilities of the Owner to the Surety shall not be greater than those of
the Owner under the Construction Contract. To the limit of the amount of this
Bond, but subject to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract, and the Balance
of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any
person or entity other than the Owner or its heirs, executors, administrators, or
successors.
8. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase orders
and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory
or other legal requirement shall be deemed incorporated herein. The intent is
that this Bond shall be construed as a statutory bond and not as a common law
bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of the Contractor under the
Construction Contract.
12.2. Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply
with the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
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.
03- 4138.A
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 "SUNNY ISLES BEACH ENTRANCE SIGNS
(ELECTRICAL) ", 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, Florida 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
ATTEST
By:
Title:
fi1q
END OF DOCUMENT
CONTRACTOR
07/03 00650 -1 03- 4138.A
Ll
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
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AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Vie- Contractors of America _
Construction Specifications Institute
�
.(C—t —t-
, Vb
& «rw,w oy
These General Conditions have been prepared for use with the Owner- Contractor Agreements (No. 1910 -8 -A -1 or 1910 -
8-A-2) (1996 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 EICDC User's Guide (No. 1910 -50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17)
(1996 Edition). r
EJCDC No. 1910 -8 (1996 Edition)
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
All Issued and Published Jointly By
` National Society of
AIIIIIIIIIIIII
AM
Professional Engineers
AMERICAN CONSULTING Professional Engineers in Private Practice
AMERICAN SOCIETY OF
ENGINEERS COUNCIL
CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
t
11
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AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Vie- Contractors of America _
Construction Specifications Institute
�
.(C—t —t-
, Vb
& «rw,w oy
These General Conditions have been prepared for use with the Owner- Contractor Agreements (No. 1910 -8 -A -1 or 1910 -
8-A-2) (1996 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 EICDC User's Guide (No. 1910 -50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910 -17)
(1996 Edition). r
EJCDC No. 1910 -8 (1996 Edition)
C
1
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Copyright °1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
TABLE OF CONTENTS
I' P�Pg
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ...... ............................... 00700-6
1.01 Defined Terms .................... ............................... 00700-6
1.02
Terminology ...................... ............................... 00700-8
ARTICLE 2-
2.01
PRELIMINARY MATTERS .................................................
Delivery of Bonds
. 00700 - 9
00700-9
2.02
Copies of Documents ................ ...............................
00700-9
2.03
Commencement of Contract Times; Notice to Proceed ..........................
00700-9
2.04
Starting the Work ..................
00700-9
2.05
...............................
Before Starting Construction ..
00700-9
2.06
Preconstruction Conference ........... ...............................
00700- 10
2.07
ARTICLE 3 -
Initial Acceptance of Schedules ......... ...............................
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................
00700- 10
00700-10
3.01
Intent ......................... ...............................
00700-10
I
3.02
3.03
Reference Standards ............
Reporting and Resolving Discrepancies . ... ...............................
00700-10
00700-11
3.04
Amending and Supplementing Contract Documents ...........................
00700-11
3.05
Reuse of Documents ................ ...............................
00700-11
'
ARTICLE 4 -
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS ............... ...............................
00700- 11
4.01
Availability of Lands ............... ...............................
00700-11
4.02
4.03
Subsurface and Physical Conditions ...... ...............................
Differing Subsurface or Physical Conditions . ...............................
00700- 12
00700-12
4.04
Underground Facilities .............. ...............................
00700- 13
1
4.05
4.06
Reference Points .................. ...............................
Hazardous Environmental Condition at Site . ...............................
00700- 13
00700- 14
ARTICLE 5 -
BONDS AND INSURANCE ............ ...............................
00700-15
5.01
Performance, Payment, and Other Bonds .. ...............................
00700- 15
5.02
Licensed Sureties and Insurers ......... ...............................
00700-15
5.03
Certificates of Insurance
00700-15
5.04
CONTRACTOR's Liability Insurance ..... ...............................
00700-15
5.05
5.06
OWNER's Liability Insurance .......... ...............................
Property Insurance
00700-16
00700-16
5.07
Waiver of Rights .................. ...............................
00700-17
5.08
Receipt and Application of Insurance Proceeds ..............................
00700-18
5.09
Acceptance of Bonds and Insurance; Option to Replace
00700 - 18
5.10
Partial Utilization, Acknowledgment of Property Insurer . • ..... • • . • . • • . • • • .. • • • •
00700-18
ARTICLE 6 -
CONTRACTOR'S RESPONSIBILITIES .... ...............................
00700-18
'
6.01
6.02
Supervision and Superintendence ............................. ....
Labor; Working Hours
00700-18
00700-19
6.03
Services, Materials, and Equipment ...... ...............................
00700-19
6.04
6.05
Progress Schedule ...................... ..........................00700-19
Substitutes and -Or- Equals "
00700-19
6.06
Concerning Subcontractors, Suppliers, and Others ............................
00700- 20
6.07
Patent Fees and Royalties ............ ...............................
00700-21
6.08
Permits .............................
6.09
Laws and Regulations . ..........................00700-21
00700 -22
6.10
Tara ......................... ...............................
00700 -22
6.11
6.12
Use of Site and Other Areas ........... ...............................
Record Documents . •t
00700 - 22
00700 -22
6.13
Safety and Protection ............... ...............................
00700- 23
6.14
Safety Representative ........................................ *......
00700 -23
'
6.15
Hazard Communication Programs ......................................
00700 -23
00700-3
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6.16
Emergencies ..................... ............................... 00700 - 23
6.17
Shop Drawings and Samples ........... ............................... 00700 -23
6.18
Continuing the Work ................ ...............................
00700
6.19
CONTRACTOR's General Warranty and Guarantee
-24
6.20
...........................
Indemnification
00700 -25
ARTICLE 7 -OTHER
................... ...............................
WORK
00700 -25
...................................................
00700 -26
7.01
Related Work at Site ................
7.02
...............................
Coordination
00700 -26
ARTICLE 8 -
.................... ...............................
OWNER'S RESPONSIBILITIES
00700 -26
8.01
......... ...............................
Communications to Contractor
00700 -26
8.02
........................................ ..........
Replacement of ENGINEER
00700 -26
8.03
........... ...............................
Furnish Data
00700 -26
................... ...............................
00700 -26
8.04
Pay Promptly When Due ............. ...............................
00700 -26
8.05
Lands and Easements, Reports and Tests ... ...............................
00700 -26
8.06
Insurance
...................... ...............................
00700 -27
8.07
8.08
Change Orders ................... ...............................
Inspections, Tests, and Approvals
00700 -27
8.09
....... ...............................
Limitations on OWNER's Responsibilities
00700 -27
8.10
.. ...............................
Undisclosed Hazardous Environmental Condition
00700 -27
8.11
............................
Evidence of Financial Arrangements
00700 -27
ARTICLE 9 -
...... ...............................
ENGINEER'S STATUS DURING CONSTRUCTION
00700 -27
...........................
00700- 27
9.01
OWNER'S Representative ............ ...............................
00700 -27
9.02
Visits to Site ..................... ...............................
00700 -27
9.03
Project Representative
9.04
.............. ...............................
Clarifications and Interpretations
00700 -27
9.05
....... ...............................
Authorized Variations in Work
00700 -28
9.06
......... ...............................
Rejecting Defective Work
00700 -28
9.07
............. ...............................
Shop Drawings, Change Orders Payments
00700 -28
and ..............................
00700 -28
9.08
Determinations for Unit Price Work ...... ...............................
00700 -28
9.09
Decisions on Requirements of Contract Documents and Acceptability of Work ..........
00700 -28
9.10
Limitations on ENGINEERSs Authority and Responsibilities ......................
00700 -28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .... ...............................
00700- 29
10.01
Authorized Changes in the Work
........ ...............................
00700 -29
10.02
Unauthorized Changes in the Work ...... ...............................
00700 -29
10.03
Execution of Change Orders
........... ...............................
00700 -29
10.04
Notification to Surety ............... ...............................
00700 - 29
10.05
Claims and Disputes ............... ...............................
00700 -30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK ..............
00700 -30
11.01
Cost of the Work .................. ...............................
00700 -30
11.02
Cash Allowances
11.03
.................. ...............................
Unit Price Work
00700 -32
............ ...............................
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE
00700 -32
OF CONTRACT TIMES .............
00700 -33
12.01
Change of Contract Price ............ ...............................
00700 -33
12.02
Change of Contract Times
12.03
............ ...............................
Delays Beyond CONTRACTOR's Control
00700 -33
12.04
.. ...............................
Delays Within CONTRA CTOR's Control
00700 -33
12.05
........................
Delays Beyond OWNER's and CONTRACTOR's Control .................. ......
00700 -34
00700 -34
12.06
Delay Damages ........ ...............................
00700 -34
ARTICLE 13 -
..... ......
TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
13.01
DEFECTIVE WORK ...............................................
Notice of Defects ...................................................
00700 -34
13.02
.............00700
Access to Wont
- 34
.......... ..............
00700 - 34
13.03
Tests and Inspections ..............................................
-34
13.04
Uncovering Work
13.05
... ............................... . . . . . . ... . .
OWNER May Stop the Work
00700 -35
13.06
........... ....................
Correction or Removal of Defective Work
00700 -35
.. ...............................
00700 -35
'
13.07
13.08
Correction Period ........
Acceptance of Defective Work . ......... ...............................
00700-35
00700 -36
13.09
OWNER May Correct Defective Work ..... ...............................
00700 -36
ARTICLE 14 -
PAYMENTS TO CONTRACTOR AND COMPLETION ........................
00700 -36
14.01
Schedule of Values .....•..•....••..
00700 -36
14.02
Progress Payments . .•.•..•....•..••..••.••........
00700 -37
14.03
CONTRACTOR's Warranty of 7Ytle ...... ...............................
()0700-38
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14.04
14.05
Substantial Completion .............. ...............................
Partial Utilization
00700 - 38
00700 -39
14.06
Final Inspection .................. ...............................
00700 -39
'
14.07
14.08
Final Payment ................... ...............................
Final Completion Delayed ............ ...............................
00700 -39
()0700-40
14.09
Waiver of Claims .................. ...............................
00700 -40
ARTICLE 15 -
SUSPENSION OF WORK AND TERMINATION ............................
00700 -40
15.01
OWNER May Suspend Work ........... ...............................
00700 -40
15.02
OWNER May Terminate for Cause ....... ...............................
00700 -40
15.03
OWNER May Terminate For Convenience .. ...............................
00700-41
15.04
ARTICLE 16 -
CONTRACTOR May Stop Work or Terminate ...............................
DISPUTE RESOLUTION ............. ...............................
00700-41
00700-41
16.01
Methods and Procedures ............. ...............................
00700-41
'
ARTICLE 17 -
17.01
MISCELLANEOUS ................. ...............................
Giving Notice .....
00700 -42
007()0-42
17.02
Computation of Times ............... ...............................
00700-42
17.03
Cumulative Remedies ............... ...............................
00700 -42
' 17.04 Survival of Obligations ....... • ...... • . • • ....... • • ..... • ....... • .. • . 00700 -42
17.05 Controlling Law . 00700 -42
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GENERAL CONDITIONS
IARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1 1.01 Defined Terms
Ll
J
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda -- Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement —The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment —The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos - -Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents —The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements- -The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds— Performance and payment bonds and
other instruments of security.
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
11 11
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim - -A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents- -The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR 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 Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
rrecommendation of final payment.
15. CONTRACTOR --The individual or entity with
whom OWNER has entered into the Agreement.
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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. ENGINEER's Consultant —An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order - -A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements— Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition —The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste —The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations, Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens -- Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
27. Milestone - -A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award - -The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed - -A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on which
CONTRACTOR shall start to perform the Work under
the Contract Documents.
30. OWNER —The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization- -Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs -- Polychlorinated biphenyls.
33. 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.
G:�YZ� �IIf1
34. Project—The total construction of which the
Work to be performed under the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual —The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material— Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
P
37. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
n
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. Shop Drawings - -All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. 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.
41. Specifications- -That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. 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.
43. Substantial Completion- -The time at which the
Work (or a specified part thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions- -That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier - -A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. 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.
47. Unit Price Work - -Work to be paid for on the
basis of unit prices.
48. Work - -The entire completed 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.
49. Work Change Directive - -A written statement to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently issued
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Contract
Times.
50. Written Amendment —A written statement
modifying the Contract Documents, signed by OWNER
and CONTRACTOR on or after the Effective Date of the
Agreement and normally dealing with the nonengineering
or nontechnical rather than strictly construction - related
aspects of the Contract Documents.
1.02 Terminology
00700-8
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or 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 action or determination will be solely
to evaluate, in general, the completed Work for
compliance with the requirements of and information in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
Ii I i
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred
to in the Contract Documents, or 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 accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
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.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract mimes; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starring Construction
A. CON RACTOR's Review of Contract Documents:
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; however, CONTRACTOR -shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity, or discrepancy in the Contract
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
r
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
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in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; 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.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by 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 2.05.13, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have =additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
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.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications. and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
00700-10
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
1
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except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents
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, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. 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 report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known-thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instrtction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
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 in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not 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 Consultant, including
electronic media editions; and (ii) shall not 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. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
00700-11
1
I
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; 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 CON7RACTOR 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, ENGINEER, or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
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 connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
00700-12
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a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
r 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 9.08
and 11.03.
F1
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2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the submission of a Bid
or becoming bound tinder a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, exploration,
test, or study of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants 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.
1 4.04 Underground Facilities
F1
t
A. Shown or Indicated. The information and data shown
or indicated in the Contract Documents with respect . to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is .otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such 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
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and before
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give written
notice to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the existence or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or -indicated or not shown or indicated
with reasonable .accuracy in the Contract Documents and
that CONTRACTOR did not know of and could not
reasonably have been expected to be -aware of or to have
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
- A. OWNER shall provide engineering surveys to
establish reference points for construction which in
EN61MEER's judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700-13
I ,
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for die identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR 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 immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); 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, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other 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 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
00700-14
L
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in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
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 4.06.17 shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as 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 such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
of paragraph 5.01.13, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.13 and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary 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. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's. other- obligations under . the Contract
Documents, whether it is to be performed. by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
00700-15
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
r 3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
J
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and 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 Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
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 additional insured;
2. be written on a Builder's Risk "all -risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
�tpplementary Conditions;
00700-16
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
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4, cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
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 or
Written Amendment. 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, ENGINEER,
ENGINEER's Consultants, 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, and other 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 CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, partners, employees, agents, and other
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, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents, and
other 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, ENGINEER,-ENGINEER's Consultants, and
the officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them for:
00700-17
r
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWNER's property or the Work
caused by, arising out of, or resulting from fire or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
ot)',�er 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
I�
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1
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pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.13 shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.13.
OWNER shall deposit in a separate account any money so
received and shall distribute it in accordance with such agree-
ment 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 or Written Amendment.
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 endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If A. CONTRACTOR shall supervise, inspect, and direct
such objection be made, OWNER as fiduciary shall make the Work competently and efficiently, devoting such attention
settlement with the insurers in accordance with such thereto and applying such skills and expertise as may be
agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance with the
agreement among the parties in interest is reached, OWNER Contract Documents. CONTRACTOR shall be solely
as fiduciary shall adjust and settle the toss with the insurers responsible for the means, methods, techniques, sequences,
and, if required in writing by any party in interest, OWNER .and procedures of construction, but CONTRACTOR shall
as fiduciary shall give bond for the proper performance of not be responsible � for the negligence of . OWNER or
such duties. ENGINEER in the .design or. specification of a specific
means, method, technique, sequence, or procedure of
5.09 Acceptance of Bonds and Insurance; Option to construction which is shown or indicated in and expressly
Replace required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5 on
the basis of non-conformance with the Contract Documents,
the objecting party shall so notify the other party in writing
within 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. 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 1equjred
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
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6.02 Labor, Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for 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, Idnd,
and quality of materials and equipment. 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 Docu-
ments.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
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
he submitted to ENGINEER for review under the circum-
stances described below.
1. "Or-Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by ENGINEER as an
"or-equal" item, in which case review and approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
1 00700-19
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
r 2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qua::_`y as an "or- equal" item under
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paragraph 6.05.A.1, 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 procedure 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 first 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 shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
o►' construction is shown or indicated in and expressly
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. 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 proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 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 6.05.13.
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 CON-
TRACTOR 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 time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.13
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed
substitute.
F. COA R,4CTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or- equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
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
indidtdual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents 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 shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing -or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, 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, and other 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, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention, design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design, process, product, or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or 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. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, - directors, partners,_employees or agents, and other
consultants of each and any of them from and against all
claims, costs, losses, and damages •(includbig but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product, or device not specified in the Contract Documents.
6.08 Permits
A." Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all
construction permits and licenses. OWNER shall assist
CONTRACTOR, when necessary, in obtaining such permits
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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. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
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 may 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 CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
employees, agents, and other consultants 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 Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con -
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall -clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
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A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
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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
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. 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 CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, 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). 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 14.07.13 that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 Hazard Communication Programs
A. CONTRACTOR shall be responsible for coordinating
any exchange of material-safety -data sheets or other hazard
communication information required to be made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6:17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
J,
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
00700 -23
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
1 for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.07, 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.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. 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 means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
' thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop- Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample 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 Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and 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 of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.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 approval; nor will any approval
by ENGINEER relieve CONTRACTOR from
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed
pending resolution of any disputes or disagreements, except
00700 -24
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as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
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
2. normal wear and tear under normal usage
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
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:
1. 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; and
2. is caused in whole or in part 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,
regardless of _whether or. not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification-,obligations of CONTRACTOR
under paragraph 6.20.A,shall not extend to the liability of
ENGINEER and ENGINEER'$ Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1 00700- 25
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that it the primary cause of the injury or
Mriage.
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ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let 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:
1. written notice thereof will be given to CON-
TRACTOR 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 and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
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.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR 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.
CONTRACI'OR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority.and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lands and Easements, Reports and Tests
Ar 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
1 00700 -26
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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 pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.13.
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 CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary . in order to observe as an
experienced and qualified- design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and 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 performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENC;INEER in providing more extensive observation of the
Work. The responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700- 27
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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 Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR 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, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR 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 a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
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.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
final and binding .(except as. modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or 'CONTRACTOR nd will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The Tendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
r
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
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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 Regulations applicable to the performance of the
Work. ENGINEER will not be responsible 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 mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement 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 Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.13.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering: -
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.0l.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in . tcordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the .provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A. -
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter 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. Notice of the amount or extent
of the Claim, dispute, or other matter 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, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.13. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.13. Each Claim shall be
accompanied by claimant's written statement that the.adjust-
ment 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).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date ofsuch
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.13, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
' the claimant or the last submittal of the opposing party, if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11.01.B.
1 00700 -30
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, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The .expenses .of_ performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
Aiscounts 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.
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3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing 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 facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in 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 equipment, ma-
chinery, or parts shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.1)),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall . include . settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost -plus, the. costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded. The term Cost oT the Work shall
not include any of the following items:
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1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CQNTRACTOR'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 11.0l.A.1 or specifically
covered by paragraph 11.0 LA A, all of which are to be
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considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to,. the
correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property.
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs I LOLA and 11.01.13.
C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost -plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.0I.A and 11.01.13, 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 Cash 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 as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, °vd other expenses contemplated for the allow-
ances have been included in the Contract Price and not
in the allowances, and no demand for additional payment
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the.sum of the unit price for each
separately identified item of .Unit Price Work times the
estimated quantity of each _item as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. 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.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
00700 -32
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly : from_- the ==mated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the parties are unable to agree as
to the amount of any such increase or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Mange of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
notice submitted by the party making the Claim to the
1 ENGINEER and the other parry to the Contract in accor-
dance 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
1 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 12.0l.C.2); or
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.13.2, on the basis of the Cost of the Work
i (determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined 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
' 11.0l.A.1 and 11.0l.A.2, the CONTRACTOR's
fee shall be 15 percent;
C!
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of paragraph
12.0l.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.0l.A.1 and
11.0l.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under paragraphs I1.0l.A.4, 11.0l.A.5,
and 11.01.13;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.0l.C.2.a through 12.0i.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or M jestones) will be
determined in accordance with 'the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) 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 a:, contemplated by
1 00700 -33
F�
�l
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to 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.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR; or
' 2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR. shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections,
tests, or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.0 and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.13
shall be paid as provided in said paragraph 13.04.B; 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
desfgns, 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.
00700 -34
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 CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such 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. If, however, such
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 Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
.all court . or. arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
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 Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11. A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project-and
replace it with Work that is not defective, and (iii) sadsfac-
- ..torily correct or.repair.or remove .-and replace any damage to
other. -Work, to the . work -of. others or other land or areas
resulting therefrom. -If. does not promptly
comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or
damage, OWNER may have the defective Work corrected or
repaired or may have the rejected Work removed and
replaced, and 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. -
B. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial
Completion of all the Work, the correct::. n period for that
00700 -35
1
1
rj
� 1,
1I
F
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. 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.
D. 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 and remedy any such deficiency.
B. In exercising the rights and remedies under this
paragraph. OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or part of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate 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 CON-
TRACTOR, 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 (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
r
r
I
'I
U
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established 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 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 docu-
mentation 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 pro-
gress 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 profession-
al 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:
1 00700 -37
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under paragraph 9.08, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to
CONTRACTOR's being entitled to such payment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents; or (ii) 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 recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences,-or procedures of-construction, or the safety
precautions and programs.incident thereto, or for CON-
TRACTOR's failure to- comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, onto determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
S. 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 representa-
tion to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent ;spections or tests,
'
revise or revoke any such payment recommendation
OWNER shall promptly pay CONTRACTOR the
full amount recommended by ENGINEER because:
previously made, to such extent as may be necessary in
amount so withheld, or any adjustment thereto agreed to
ENGINEER's opinion to protect OWNER from loss
by OWNER and CONTRACTOR, when CONTRAC-
b. Liens have been filed in connection with the
because:
TOR corrects to OWNER's satisfaction the reasons for
a specific Bond satisfactory to OWNER to secure
such action.
the satisfaction and discharge of such Liens;
a. the Work is defective, or completed Work
c. there are other items entitling OWNER to
'
has been damaged, requiring correction or replace-
ment;
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the
amount
rence of any of the events enumerated in paragraphs
wrongfully withheld shall be treated as an amount due as
14.02.B.5.a through 14.02.B.5.c or paragraph
b. the Contract Price has been reduced by
determined by paragraph 14.02.C.1.
'
Written Amendment or Change Orders;
give CONTRACTOR immediate written notice (with a
14.03 CON77ZACTOR's Warranty of 7i11e
c. OWNER has been required to correct
'
remaining a&-r deduction of the amount so withheld.
defective Work or complete Work in accordance
A. CONTRACTOR warrants and guarantees that title
with paragraph 13.09; or
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
or not, will pass to OWNER no later than the time of
payment free and-clear of all Liens.
graph 15.02.A.
14.04 Substantial Completion
C. Payment Becomes Due
A. When CONTRACTOR considers the entire Work
1. Ten days after presentation of the Application ready for its intended use CONTRACTOR shall notify
for Payment to OWNER with ENGINEER's recom- OWNER and ENGINEER in writing that the entire Work is
mendation, the amount recommended will (subject to the substantially complete (except for items specifically listed by
provisions of paragraph 14.02.13) become due, and when CONTRACTOR as incomplete) and request that ENGINEER
due will be paid by OWNER to CONTRACTOR. issue a certificate of Substantial Completion. Promptly
thereafter, OWNER, CONTRACTOR, and ENGINEER
D. Reduction in Payment 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. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and 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-paymentz 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 corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
1 00700- 38
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work,
'
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
'
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set -off against the amount recommended; or
d. OWNER has actual knowledge of the occur -
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
'
15.02.A.
'
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
'
remaining a&-r deduction of the amount so withheld.
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and 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-paymentz 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 corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
1 00700- 38
ties 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.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct items on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of 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, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
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. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. 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.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
insurance.
14.06 Final Inspection
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
necessary to complete such Work or remedy such
deficiencies.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked -up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5:04.B.7; (ii) consent of the
surety, . if any, to -final payment; and (iii) complete And
-legally effective releases -or waivers (satisfactory to
OWNER) of all Lien rights-arising out of or Liens filed
in connection with the Work. _
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way-be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in full, CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
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1 00700 -40
B. Review of Application and Acceptance
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
1. If, on the basis of ENGINEER's observation of
Liens, from defective Work appearing after final
the Work during construction and final inspection, and
inspection pursuant to paragraph 14.06, from failure to
ENGINEER's review of the final Application for
comply with the Contract Documents or the terms of any
Payment and accompanying documentation as required
special guarantees specified therein, or from
'
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
CONTRACTOR's continuing obligations under the
Contract Documents; and
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
2. a waiver of all Claims by CONTRACTOR
receipt of the final Application for Payment, indicate in
against OWNER other than those previously made in
writing ENGINEER's recommendation of payment and
writing which are stilt unsettled.
present the Application for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
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written notice to OWNER and CONTRACTOR that the
ARTICLE 15 - SUSPENSION OF WORK AND
Work is acceptable subject to the provisions of
TERMINATION
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
15.01 OWNER May Suspend Work
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
A. At any time and without cause, OWNER may
resubmit the Application for Payment.
suspend the Work or any. portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
C. Payment Becomes Due
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resume the
1. Thirty days after the presentation to OWNER of
Work on the date so fixed. CONTRACTOR shall be allowed
the Application for Payment and accompanying docu-
an adjustment in the Contract Price or an extension of the
mentation, the amount recommended by ENGINEER
Contract Times, or both, directly attributable to any such
will become due and, when due, will be paid by OWN-
suspension if CONTRACTOR makes a Claim therefor as
ER to CONTRACTOR.
provided in paragraph 10.05.
14.08 Final Completion Delayed
15.02 OWNER May Terminate for Cause
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
A. The occurrence of any one or more of the following
events will justify termination for cause:
ENGINEER so confums, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
.1. CONTRACTOR's persistent failure to perform
recommendation of ENGINEER, and without terminating the
-the -Work in accordance -with the Contrail Documents
Agreement, make payment of the balance due for that portion
_ . (including, but.not limited to, failure to supply sufficient
of the Work fully completed and accepted. If the remaining
skilled. workers or: suitable materials or .equipment or
balance to be held by OWNER for Work not fully completed
failure to adhere to the progress schedule established
or corrected is less than the retainage stipulated in the
under paragraph 2.07 as adjusted from time to time
Agreement, and if Bonds have been furnished as required in
pursuant to paragraph 6.04);
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
2. CONTRACTOR's disregard of Laws or
completed and accepted shall be submitted by CON-
Regulations of any public body having jurisdiction;
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
3. CONTRACTOR's disregard of the authority of
conditions governing final payment, except that it shall not
ENGINEER; or
constitute a waiver of Claims.
_
4. CONTRACTOR's violation in any substantial
1
14.09 Waiver of Claims
r way of any provisions of the Contract Documents.
A. The making and acceptance of final payment will
B. If one or more of the events identified in paragraph
constitute:
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
1 00700 -40
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the services of CONTRACTOR, 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), 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 finish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. 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.
C. 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.
15.03 OWNER May Temunate 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, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. for expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contraci Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for moreAhan .90.- consecutive days by
OWNER or-under-an order of court or-other-public-authority,
or ENGINEER fails to, act. on any Application for Payment
within 30 days after it is submitted; -or 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. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
NEER 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 attrbutable to .CONTRACTOR's' stopping .the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either thay otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700-41
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ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if 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 if 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.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations , indemnifications, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
00700 -42
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SECTION 00800
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 1.28 Notice of Award: "When requested by OWNER, the
Notice of Award may be issued by the ENGINEER."
Add the following sentence to 1.29 Notice to Proceed: "When requested by OWNER, the
Notice to Proceed may be issued by ENGINEER."
Add the following terms after Paragraph 1.50:
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.
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."
In the first line of Paragraph 2.02., change the term "...ten..." to read "...six...".
Delete Paragraph 2.03. and replace with the following:
2.03. The date of commencement of the Work is the date established in a Notice to
Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER -
CONTRACTOR Agreement or such other date as may be established therein.
06/03 00800 -1 03- 4138.A
1 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.
1 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.B., change the term "Supplementary Conditions..." to read "...bidding
requirements... ...
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain... ", insert the words,
"...in a company or companies licensed to do business in the State of Florida,... ".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle. ", insert the
words...1 ...., or arising out of operation of laws and regulations for damages because of
bodily injury or death of any person or for damage to property."
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis including:
i. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
V. Contractual Liability.
vi. Owned, non -owned and hired motor vehicles.
vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a. Workers' Compensation, etc. under paragraphs 5.4.1
and 5.4.2:
1 06/03 00800 -2 03- 4138.A
1. State
2. Applicable Federal
(e.g. Longshoreman's)
and /or Maritime)
3. Employer's Liability
b. Contractor's Liability Insurance
under Article 5.4, which shall
also include completed operations
and product liability coverages
and eliminate the exclusion with
respect to property under the care,
custody and control of Contractor:
1 . General Aggregate
(Except Products -
Completed Operations)
2. Products - Completed
Operations Aggregate
3. Personal and Advertising
Injury (Per Person/
Organization)
4. Each Occurrence
(Bodily Injury and
Statutory
Statutory
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
Property Damage) $ 1,000,000.00
5. Property Damage liability insurance will provide
Explosion, Collapse and Underground coverages
where applicable.
6. Excess Liability
General Aggregate $ 1,000,000.00
Each Occurrence $ 1,000,000.00
C. Automobile Liability under paragraph 5.4.6:
1. Bodily Injury:
Each Person
$
1,000,000.00
Each Accident
$
1,000,000.00
06/03 00800 -3 03- 4138.A
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Property Damage:
Each Occurrence $ 1,000,000.00
..
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 insureds on Contractor's General Liability Policy.
Add the following names:
OWNER - City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
ENGINEER - Calvin, Giordano & Associates, Inc.
Engineers, Planners & Surveyors
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
OTHER -
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.
In conformance with the requirements of Section 725.06, Florida Statutes, the specific
considerations for CONTRACTOR's promises are:
a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's
employees to CONTRACTOR, receipt whereof is hereby acknowledged and
the adequacy of which CONTRACTOR accepts as completely fulfilling the
obligations of OWNER, ENGINEER, and ENGINEER's employees under the
requirements of Section 725.06, Florida Statutes, and;
b. The entry of OWNER and CONTRACTOR into the construction contract
because, but for CONTRACTOR's promises as contained in the General
Conditions, OWNER would not have entered into the construction contract
with CONTRACTOR.
Add the following after Paragraph 5.06.E:
F. The form of policy for this coverage shall be Completed Value.
06/03
00800 -4
03- 4138.A
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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.
IAdd the following after Paragraph 6.08:
' 6.08.A. The OWNER will secure and pay for only the following governmental charges and
inspection fees:
a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook -up fees, and
f. impact fees.
6.08.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.
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 6.13.13, 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."
1 06/03 00800 -5 03- 4138.A
IARTICLE 10 - CHANGES IN THE WORK; CLAIMS
Add the following:
10.06. Without invalidating the agreement, Owner may, at any time execute appropriate
Change Orders for additions and /or deletions in the work of up to 25% of the total
contract amount, without a change in the contract unit prices bid.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.03. TEST AND INSPECTIONS:
Replace 13.03.B. with "All testing shall be paid for by the Contractor."
' Add the following sentence to Paragraph 13.07.A.: "Specific and special warranties
specified in the Contract Documents are in addition to, and not in lieu of, the contractors
general warranty. CONTRACTOR shall not be relieved of general warranty obligations by
the specification of specific products or procedures."
13.09. OWNER MAY CORRECT DEFECTIVE WORK:
Change the first line from:
' If Contractor fails within a reasonable time after written notice of Engineer...
To read:
If Contractor fails within ten (10) calendar days after written notice of Engineer...
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days
before each progress payment is scheduled (but not more often than once a month) , ..." to
read "By no later than the first day of the month, ... ...
Add 14.02.A.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".
In Paragraph 14.02.B., change the beginning of the sentence from "Ten days..." to read
"Forty -five days... ".
In the first sentence of Paragraph 14.05.A.2., following the word "...Work ...' °, insert the
words "...or to place and install equipment... ".
At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the
Owners and governing agencies.
' 06/03 00800 -6 03- 4138.A
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.6., insert the following after the words —such
excess...; "...(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 in its entirety.
ARTICLE 17 – MISCELLANEOUS
Add 17.05.6: "The venue for any cause of action shall be Miami -Dade County."
END OF DOCUMENT
06/03 00800 -7 03- 4138.A
SECTION 00900
ADDENDA
ADDENDA TO BE PLACED HERE
06/03 900 -1 03- 4138.A
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EXHIBIT A
SUNNY ISLES BEACH ENTRANCE SIGNS (ELECTRICAL)
UNIT PRICE BID SCHEDULE
Item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. GENERAL
1 Mobilization and Demobilization of all
equipment and personnel (10% of total bid) 1
2 Maintenance of Traffic
1
SUBTOTAL GENERAL
II. ELECTRICAL
3 Electrical work, complete as per plan, including
but not limited to conduits, trenching, backfill,
restoration) 1
07/03
TOTAL BASE BID (ITEMS 1 - 3)
(Written)
LS $
LS $
LS $
( Signature)
A -1
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03- 4138.A
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. The work is located at both entrance to City limits and south on
Collins Avenue in 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, drainage facilities.
B. Electrical: Conduits, Jack and Bore and Restoration.
C. Roadways: Base and finished surface, resurfacing, asphalt removal,
and signing and striping, if necessary for restoration.
07/03 01010 -1 03- 4138.A
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.
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
07/03 01010 -2 03- 4138.A
SECTION 01021
CASH ALLOWANCES
PART 1 -GENERAL
1.01 REQUIREMENTS INCLUDED
A. Schedule of monetary amounts of allowances in Contract Sum for
purchase products.
B. Costs in Contact Sum other than in Allowance.
C. Procedures for administration of Allowances.
1.02 RELATED REQUIREMENTS
A. Document 00700: General Conditions.
B. Section 01410: Testing and Testing Laboratory Services.
1.03 SCHEDULE OF ALLOWANCES
A. Section 01410 — Up to $5,000.00 for testing and testing laboratory
services.
1.04 COSTS INCLUDED IN ALLOWANCES
A. Cost of product to Contractor, less applicable trade discounts.
B. Delivery to site.
C. Applicable taxes.
D. Products handling at site, including unloading, uncrating, and storage.
E. Protection of products from elements and from damage.
F. Labor and installation and finishing, except when installation is specified
as part of allowance.
G. Other expenses required to complete installation.
H. Contractor overhead and profit.
07/03 01021 -1 03- 4138.A
1.05 CONTRACTOR RESPONSIBILITIES
A. Promptly notify Engineer of any reasonable objections from supplier.
B. On notification of selection, execute purchase agreement with
designated supplier.
C. Arrange for process shop drawings, product data, and samples.
D. Arrange for delivery. Promptly inspect products upon delivery for
completeness, damage, and defects. Submit claims for transportation
damage.
E. Install, adjust, and finish products.
F. Provide warranties for products and installation.
1.06 CORRELATION WITH CONTRACTOR SUBMITTALS
A. Schedule shop drawings, product data, samples, and delivery dates, in
Progress Schedule for products selected under allowances.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
END OF SECTION
07/03 01021 -2 03- 4138.A
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SECTION 01025
MEASUREMENT AND PAYMENT
PART 1 -GENERAL
1.01 RELATED REQUIREMENTS
A. General provisions of Contract, including General and Supplementary
Conditions.
B. Other Division -1 Specification Sections.
1.02 SECTION INCLUDES
A. Administrative and procedural requirements for determining Work
completed under unit price contract.
t1.03 GENERAL REQUIREMENTS
A. Lump Sum and unit prices shall include providing all costs required for
the complete construction of the specified unit of work including cost
of materials and delivery; cost of installation; labor including social
security, insurance, and other required fringe benefits; workman's
compensation insurance; bond premiums; rental of equipment and
machinery; taxes; testing; surveys; incidental expenses; and
Isupervision.
B. The Owner reserves the right to reject the Contractor's measurement
1 of completed work that involves use of established unit prices, and to
have this Work measured by an independent surveyor acceptable to
the Contractor at the Owner's expense.
' it Chan
C. Contract Sum adjustments will be by a Order on basis of net g
' accumulative change for each unit price category.
1. Except as otherwise specified, unit prices shall apply to both
deductive and additive variations of quantities.
2. Lump sum and unit prices in the Agreement shall remain in
effect until date of final completion of the entire Work.
D. Partial payment for material and equipment properly stored and
protected will be made in accordance with requirements of the General
Conditions.
1 0"03 01025 -1 03- 3148.A
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E. Payment will be made at the respective contract unit and lump sum
price for each item shown in the Agreement, installed and accepted,
which price and payment shall constitute full compensation for
furnishing all materials and performing all Work in connection
therewith and incidental thereto.
1 . No separate payment will be made for:
a. Record Drawings
b. Construction of haul roads as may be required.
C. Testing
F. Unit Price Abbreviations:
1 .
Lineal Feet - LF
2.
Acre - AC
3.
Cubic Yard - CY
4.
Square Yard - SY
5.
Each - EA
6.
Lump Sum - LS
7.
Ton - TN
8.
Net Mile - NM
9.
Gross Mile - GM
10.
Gallons - GA
1 1 .
Thousand Gallons - MG
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 MEASUREMENT AND PAYMENT
A. Electrical
1 . Lump Sum
2. Maintenance of traffic shall include the cost of barricades,
construction signs, flashing arrow boards, and any other
miscellaneous devices required to conform with the Manual of
Uniform Traffic Control Devices and the current Florida
Department of Transportation Roadway and Traffic Design
Standards ( "600" Series). Also includes the cost of providing
temporary pavement markings indicating lane line and storage
areas for turning movements, throughout the project, at the end
of each day's operation.
B. Contingency: See Specification Section 01021, "Cash Allowances."
1 07/03 01025 -2 03- 3148.A
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C. The Project Mobilization
1. The project mobilization item shall be administered in
accordance with the Florida Department of Transportation,
Standard Specifications for Road & Bridge Construction (latest
edition); MOBILIZATION.
2. The maximum amount allowed for the mobilization and
demobilization item shall be five (5) percent of the total contract
amount.
3. Mobilization includes, but is not limited to, mobilization of
equipment, all surveying, all supervision, cost of all bonds and
warranties, all permit fees, all insurance and demobilization.
3.02 PROTECTION
A. Where pavement, trees, shrubbery, fences or other property or surface
structures not designated as pay items, have been damaged, removed
or disturbed by the Contractor, whether deliberately or through failure
to carry out the requirements of the Contract Documents, state laws,
municipal ordinances or the specific direction of the Engineer, or
through failure to employ usual and reasonable safeguards, such
property and surface structures shall be replaced or repaired at the
expense of the Contractor to a condition equal to that before work
began within a time frame approved by the Engineer.
END OF SECTION
07/03 01025 -3 03- 3148.A
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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 materia 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
1 07/03
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
01030 -1 03- 4138.A
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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.
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 conduit
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 WARRANTIES
' 07/03
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.
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.
01030 -2 03- 4138.A
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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.
' 1.07 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
i 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
I so protect the Work, such Work and materials shall be removed and
replaced at the expense of the Contractor.
i 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)
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END OF SECTION
07/03 01030 -3
03- 4138.x4
SECTION 01050
FIELD ENGINEERING
PART 1 -GENERAL
1.01 WORK INCLUDED
A. Provide and pay for field engineering services required for Project as
follows:
1. Land Surveying work required to lay out 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.
1.02 RELATED WORK
A. Section 0 10 10: Summary of Work.
B. Section 01720: Project Record Documents.
C. Section 01152: Application for Payment
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.
07/03 01050 -1 03- 4138.A
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
07/03 01050-2 03- 4138.A
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SECTION 01340
SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES
PART 1 -GENERAL
1.01 REQUIREMENTS INCLUDED
A. The Contractor shall submit to the Engineer for review, such working
drawings, shop drawings, test reports and data on materials and
equipment (hereinafter in this article called data), and material samples
(hereinafter in this article called samples) as are required for the proper
control of work, including but not limited to those working drawings,
shop drawings, data and samples for materials and equipment
specified elsewhere in the Specifications and in the Contract
Drawings.
B. Within fifteen (15) calendar days after the effective date of the Agree-
ment, the Contractor shall submit to the Engineer a complete list of
preliminary data for which Shop Drawings are to be submitted.
Included in this list shall be the names of all proposed manufacturers
furnishing specific items. Review of this list by the Engineer shall in
no way expressed or implied relieve the Contractor from submitting
complete Shop Drawings and providing materials, equipment, etc.,
fully in accordance with the Specifications. This procedure is required
in order to expedite final review of Shop Drawings.
C. The contractor is to maintain an accurate updated submittal log and
will bring this log to each scheduled progress meeting with the Owner
and Engineer. This log should include the following items:
1 . Submittal- Description and Number assigned.
2. Date to Engineer.
3. Date returned to Contractor (from Engineer).
4. Status of Submittal (Approved /Resubmit /Rejected).
5. Date of Resubmittal and Return (as applicable).
6. Date material released (for fabrication).
7. Projected date of fabrication.
8. Projected date of delivery to site.
1.02 RELATED REQUIREMENTS
A. Section 01600:
B. Section 01720:
Material and Equipment
Project Record Documents
1 07/03 01340 -1 03- 4138.A
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C. Designate in the construction schedule, or in a separate coordinated
schedule, the dates for submission and the dates that reviewed Shop
Drawings, Working Drawings and Samples will be needed.
1.03 CONTRACTOR'S RESPONSIBILITY
A. It is the duty of the Contractor to check all drawings, data and
samples prepared by or for him before submitting them to the Engineer
for review. Each and every copy of the Drawings and data shall bear
Contractor's stamp or will be returned to the Contractor for confor-
mance with this requirement. Shop drawings shall indicate any
deviations in the submittal from requirements of the Contract Docu-
ments.
B. Determine and verify:
1. Field measurements
2. Field construction criteria
3. Catalog numbers and similar data
4. Conformance and Specifications
C. The Contractor shall furnish the Engineer a schedule of Shop Drawing
submittals fixing the respective dates for the submission of shop and
working drawings, the beginning of manufacture, testing and
installation of materials, supplies and equipment. This schedule shall
indicate those that are critical to the progress schedule.
D. The Contractor shall not begin any of the work covered by a drawing,
data, or a sample returned for correction until a revision or correction
thereof has been reviewed and returned to him, by the Engineer
approved.
E. The Contractor shall submit to the Engineer all drawings and schedules
sufficiently in advance of construction requirements to provide no less
than twenty -one (21) calendar days for checking and appropriate
action from the time the Engineer receives them.
F. The Contractor shall submit three (3) copies of descriptive or product
data submittals to complement shop drawings for the Engineer plus
1 the number of copies which the Contractor requires. The Engineer will
retain three (3) sets. All blueprint shop drawings shall be submitted
with one (1) set of reproducible and four (4) sets of print. The
Engineer will review the drawings and return to the Contractor the set
of marked -up drawings with appropriate review comments.
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1 07/03 01340 -2 03- 4138.A
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G. The Contractor shall be responsible for and bear all cost of damages
which may result from the ordering of any material or from proceeding
with any part of work prior to the review by Engineer of the necessary
Shop Drawings.
1.04 ENGINEER'S REVIEW OF SHOP DRAWINGS
1 07,03
A. The Engineer's review of drawings, data and samples submitted by the
Contractor will cover only general conformity to the Specifications,
external connections, and dimensions which affect the installation.
The Engineer's review and exceptions if any, will not constitute an
approval of dimensions, quantities, and details of the material,
equipment, device, or item shown.
B. The review of drawings and schedules will be general, and shall not be
construed:
1 . as permitting any departure from the Contract requirements;
2. as relieving the Contractor of responsibility for any errors,
including details, dimensions, and materials;
3. as approving departures from details furnished by the Engineer,
except as otherwise provided herein.
C. If the drawings or schedule as submitted describe variations per
subparagraph (1.05.C), and show a departure from the Contract
requirements which Engineers finds to be in the interest of the Owner
and to be minor as not to involve a change in the Contract Price or
time for performance, the Engineer may return the reviewed drawings
without noting an exception.
D. When reviewed by the Engineer, each of the Shop Drawings will be
identified as having received such review being so stamped and dated.
Shop Drawings stamped "REJECTED" and with required corrections
shown will be returned to the Contractor for correction and
resubmittal.
E. Resubmittals
will be handled in the same
manner as
the first
submittals.
On resubmittals, the Contractor shall direct
specific
attention, in
writing or on resubmitted Shop
Drawings, to
revisions
other than the corrections requested by the
Engineer on
previous
submissions.
The Contractor shall make any
corrections required by
the Engineer.
F. If the Contractor considers any correction indicated on the drawings to
constitute a change to the Contract Drawings or Specifications, the
Contractor shall give written notice thereof to the Engineer.
01340 -3 03- 4138.A
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G. The Engineer will review a submittal /resubmittal a maximum of three
(3) times after which cost of review will be borne by the Contractor.
The cost of engineering shall be equal to the Engineer's charges to the
Owner under the terms of the Engineer's agreement with the Owner.
H. When the Shop Drawings have been completed to the satisfaction of
the Engineer, the Contractor shall carry out the construction in
accordance therewith and shall make no further changes therein
except upon written instructions from the Engineer.
I. No partial submittals will be reviewed. Submittals not complete will
be returned to the Contractor, and will not be considered "Rejected"
until resubmitted.
1.05 SHOP DRAWINGS
1 07/03
A. When used in the Contract Documents, the term "Shop Drawings"
shall be considered to mean Contractor's plans for material and
equipment which become an integral part of the Project. These
drawings shall be complete and detailed. Shop Drawings shall consist
of fabrication, erection and setting drawings and schedule drawings,
manufacturer's scale drawings, and wiring and control diagrams.
Cuts, catalogs, pamphlets, descriptive literature, and performance and
test data, shall be considered only as supportive to required Shop
Drawings as defined above.
B. Drawings and schedules shall be checked and coordinated with work
of all trades involved, before they are submitted for review by the
Engineer and shall bear the Contractor's stamp of approval as evidence
of such checking and coordination. Drawings or schedules submitted
without this stamp of approval shall be returned to the Contractor for
resubmission.
C. Each Shop Drawing, shall have a blank area 3 1/2 inches by 3 1/2
inches, located adjacent to the title block. The title block shall display
the following:
1 . Number and title of the drawing.
2. Date of drawing or revision.
3. Name of project building or facility.
4. Name of contractor and subcontractor submitting drawing.
5. Clear identification of contents and location of work.
6. Specification title and number.
D. If drawings show variations from Contract requirements because of
standard shop practice or for other reasons, the Contractor shall
describe such variations in his letter of transmittal. If acceptable,
01340 -4 03- 4138.A
proper adjustment in the Contract shall be implemented where
appropriate. If the Contractor fails to describe such variations he shall
1 not be relieved of the responsibility for executing the work in
accordance with the Contract, even though such drawings have been
reviewed.
' E. Data on materials and equipment include, without limitation, materials
and equipment lists, catalog data sheets, cuts, performance curves,
' diagrams, materials of construction and similar descriptive material.
Materials and equipment lists shall give, for each item thereon, the
name and location of the supplier or manufacturer, trade name, catalog
reference, size, finish and all other pertinent data.
F. For all mechanical and electrical equipment furnished, the Contractor
shall provide a list including the equipment name, address and
telephone number of the manufacturer's representative and service
1 company so that service and spare parts can be readily obtained. In
addition, a maintenance and lubrication schedule for each piece of
equipment shall be submitted along with each shop drawing submittal.
G. All manufacturers or suppliers equipment pliers who propose to furnish
P
equipment or products under Divisions 11, 13, 15 and 16 shall submit
an installation list to the Engineer along with the required shop
drawings. The installation list shall include at least five installations
where identical equipment has been installed and has been in operation
for a period of at least one (1) year.
I H. Only the Engineer will utilize the color "red" in marking Shop Drawing
submittals.
' I. Before final payment is made, the Contractor shall furnish to Engineer
two (2) sets of record shop drawings all clearly revised, complete and
up to date showing the permanent construction as actually made for
all reinforcing and structural steel, miscellaneous metals, process and
mechanical equipment, yard piping, electrical system, instrumentation
system and irrigation.
1.06 WORKING DRAWINGS
A. When used in the Contract Documents, the term "working drawings"
shall be considered to mean the Contractor's plans for temporary
structures such as temporary bulkheads, support of open cut excava-
tion, support of utilities, ground water control systems, forming and
false -work; for underpinning; and for such other work as may be
required for construction, but does not become an integral part of the
project.
07/03 01340 -5 03- 4138.A
B. Copies of working drawings as noted in subparagraph 1.06A above,
shall be submitted to the Engineer where required by the Contract
Documents or requested by the Engineer, and shall be submitted at
least thirty (30) calendar days (unless otherwise specified by the
Engineer) in advance of their being required for work.
C. Working drawings shall be signed by a Registered Professional
Engineer, currently licensed to practice in the State of Florida and shall
convey, or be accompanied by, calculation or other sufficient
information to completely explain the structure, machine, or system
described and its intended manner of use. Prior to commencing such
work, working drawings must have been reviewed without specific
exceptions by the Engineer, which review will be for general
conformance and will not relieve the Contractor in any way from his
responsibility with regard to the fulfillment of the terms of the
Contract. All risks of error are assumed by the Contractor; the Owner
and Engineer shall have no responsibility therefore.
1.07 SAMPLES
A. The Contractor shall furnish, for the approval of the Engineer, samples
required by the Contract Documents or requested by the Engineer.
Samples shall be delivered to the Engineer as specified or directed.
The Contractor shall prepay all shipping charges on samples. Materials
or equipment for which samples are required shall not be used in work
until approved by the Engineer.
B. Samples shall be of sufficient size and quantity to clearly illustrate:
1 . Functional characteristics of the product, with integrally related
parts and attachment devices.
2. Full range of color, texture and pattern.
3. A minimum of two samples of each item shall be submitted.
C. Each sample shall have a label indicating
1 .
Name of Project
2.
Name of Contractor and Subcontractor
3.
Material or Equipment Represented
4.
Place of Origin
5.
Name of Producer and Brand (if any)
6.
Location in Project
(Samples of finished materials shall have additional marking that will
identify them under the finished schedules.)
07/03 01340 -6 03- 4138.A
D. The Contractor shall prepare a transmittal letter in triplicate for each
shipment of samples containing the information required in
subparagraph 1.07B above. He shall enclose a copy of this letter with
the shipment and send a copy of this letter to the Engineer. Approval
of a sample shall be only for the characteristics or use named in such
approval and shall not be construed to change or modify any Contract
requirements.
' E. Approved samples not destroyed in testing shall be sent to the
Engineer or stored at the site of the work. Approved samples of the
' hardware in good condition will be marked for identification and may
be used in the work. Materials and equipment incorporated in work
shall match the approved samples. Samples which failed testing or
were not approved samples will be returned to the Contractor at his
expense, if so requested at time of submission.
1 PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01410
TESTING AND TESTING LABORATORY SERVICES
PART 1 -GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall employ and pay for the services of an Independent
Testing Laboratory to perform testing as required by the Owner to
verify conformity with the Contract Documents.
1. Contractor shall cooperate with the laboratory to facilitate the
execution of its required services.
2. Employment of the laboratory shall in no way relieve
Contractor's obligations to perform the Work of the Contract.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Inspections and testing required by laws,
ordinances, rules, regulations, orders or approvals of public authorities.
B. Respective sections of specifications: Certification of products.
C. Each specification section listed: Laboratory tests required and
standards for testing.
D. Testing laboratory inspection, sampling and testing is required for, but
not limited to the following:
1. Section 02200: Earthwork
2. Section 02513: Asphaltic Concrete Paving
3. Section 03300: Cast -in -Place Concrete
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
07/03 01410 -1 03- 4138.A
1.04 CONTRACTOR'S RESPONSIBILITIES
A. Cooperate with laboratory personnel, and provide access to Work and
pay for testing.
' B. Secure and deliver to the laboratory adequate quantities of
representational samples of materials proposed to be used and which
require testing.
C. Provide to the laboratory the preliminary design mix proposed to be
' used for concrete, and other materials mixes which require control by
the testing laboratory.
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 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.
1 H. Provide the Engineer with a copy of all test and reports.
' 07/03 01410 -2 03- 4138.A
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
1
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
1
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
1
2. To obtain and handle samples at the Project site or at the
source of the product to be tested
1
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 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.
1 H. Provide the Engineer with a copy of all test and reports.
' 07/03 01410 -2 03- 4138.A
1 .05 TYPES OF TEST REQUIRED
A. Density tests for trench backfill at the rate of three tests per lift in 1,000
feet of trench.
B. Density tests for subgrade compaction at the rate of three tests in 1,000
feet of roadway.
C. Density tests for limerock base at the rate of three tests per day on each
course of completed compacted base.
D. Density tests for roadway crossings at the rate of one test per lane per lift of
compacted material, beginning one foot above the normal water table.
E. If in the opinion of the Engineer, suitable compaction has not been achieved
around structures, density tests may be required.
F. Concrete compressive strength at the rate of three cylinders per the lesser of
50 cubic yards or per day.
G. Should the above test results indicate deficiencies, the Engineer may order
additional tests at the Contractor's expense, and all reworked areas shall be
retested at the Contractor's expense.
H. Testing in the County right -of -way shall meet the requirements of Broward
County's "Minimum Standards ".
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
07/03 01410 -3 03-4138.A
ISECTION 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. 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 normal operations at least two days in advance of such work.
3.02 CONSTRUCTION IN STATE HIGHWAY RIGHT -OF -WAY: Construction within
all State highway right -of -way shall be made in full compliance with all
requirements and to the satisfaction of the Florida Department of
Transportation. All necessary barricades, detours, lights and other protective
measures shall be provided for the protection of both pedestrian and
vehicular traffic.
3.03 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT -OF -WAY:
Construction within right -of -way other than State highway shall be made in
full compliance with all requirements of the Florida Department of
Transportation and to the satisfaction of the local governing bodies. All
necessary barricades, detours, lights and other protective measures shall be
provided for the protection of both pedestrian and vehicular traffic.
1 0"03 01570 -1 03- 4138.A
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 0 10 10:
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
07/03 01600 -1 03- 4138.A
1 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
Iand to form an opinion as to its conformity to the specifications. The
data shall comply with Paragraph 1.07 of this Section.
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 07/03 01600 -2 03- 4138.A
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
Contractor shall submit samples of materials for such
of the work, the
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 07/03 01600 -2 03- 4138.A
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1.04 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION
A. When Contract Documents require that installation of work shall comply
with manufacturer's printed instruction, obtain and distribute copies of
such instructions to parties involved in the installation, including copies
to the Engineer.
1. Maintain one set of complete instructions at the job site during
installation and until completion.
B. Handle, install, connect, clean, condition and adjust products in strict
accord with such instructions and in conformity with specified
requirements.
1. Should job conditions or specified requirements conflict with
manufacturer's instructions, consult with Engineer for further
instructions.
2. Do not proceed with work without clear instructions.
C. Perform work in accord with manufacturer's instructions. Do not omit
any preparatory step or installation procedure unless specifically
modified or exempted by Contract Documents.
1.05 TRANSPORTATION AND HANDLING
A. Arrange deliveries of Products in accord with construction schedules,
coordinate to avoid conflict with work and conditions at the site.
1. Deliver Products in undamaged condition, in manufacturer's
original containers or packaging, with identifying labels intact and
legible.
2. Immediately on delivery, inspect shipments to assure compliance
with requirements of Contract Documents and approved
submittals, and that Products are properly protected and
undamaged.
B. Provide equipment and personnel to handle Products by methods to
prevent soiling or damage to Products or packaging.
1.06 STORAGE AND PROTECTION
' 07/03
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A. 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
01600 -3 03- 4138.A
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manufacturer's instructions.
3. Store fabricated products above the ground on blocking or skids,
' prevent soiling or staining. Cover products which are subject to
deterioration with impervious sheet coverings, provide adequate
ventilation to avoid condensation.
' 4. Store loose granular materials in a well drained area on solid
surfaces to prevent mixing with foreign matter.
' B. All materials and equipment to be incorporated in the work shall be
handled and stored by the Contractor before, during, and after shipment
in a manner to prevent warping, twisting, bending, breaking, chipping,
irusting, and any injury, theft or damage of any kind whatsoever to the
material or equipment.
' C. 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.
D. 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.
' E. 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.
F. 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.
G. Protection After Installation:
1. Provide substantial coverings as necessary to protect installed
products from damage from traffic and subsequent construction
operations. Remove
1 07/03 01600 -4 03- 4138.A
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H. 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.
I. 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
07/03
A. Products List:
1. Within 15 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 any one 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 15 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,
01600 -5 03- 4138.A
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.
07/03 01600 -6 03- 4138.A
including:
a. Comparison of the qualities of the proposed substitution
'
with that specified
b. Changes required in other elements of the work because of
the substitution
'
C. Effect on the construction schedule
d. Cost data comparing the proposed substitution with the
Product specified
'
e. Any required license fees or royalties
f. Availability of maintenance service, and source of
replacement materials
3. The Engineer shall be the judge of the acceptability of the
proposed substitution.
4. No substitutions will be considered by the Engineer after 30 days
from the Contract Date.
D. Contractor's Representation:
1. A request for a substitution constitutes a representation that
Contractor:
' a. Has investigated the proposed Product and determined that
it is equal to or superior in all respects to that specified
b. Will provide the same warranties or bonds for the
substitution as for the Product specified
C. Will coordinate the installation of an accepted substitution
into the Work, and make such other changes as may be
' required to make the Work complete in all respects
d. Waives all claims for additional costs, under his
responsibility, which may subsequently become apparent.
' E. The Engineer will review requests for substitutions with reasonable
promptness, and notify Contractor, in 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.
07/03 01600 -6 03- 4138.A
1 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.
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
1 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
1 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
1 07/03 01600 -7 03- 4138.A
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' 1.10 WARRANTY
7
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.
A. For all major pieces of equipment, submit a warranty from the
equipment manufacturer as specified in Section 01740.
1.1 1 SPARE PARTS
A. Spare parts for certain equipment provided under Division 11 through
16 have been specified in the pertinent sections of the Specifications.
The Contractor shall collect and store all spare parts so required in an
area to be designated by the Engineer. In addition, the Contractor shall
furnish to the Engineer an inventory listing all spare parts, the equipment
they are associated with, the name and address of the supplier, and the
delivered cost of each item. Copies of actual invoices for each item
shall be furnished with the inventory to substantiate the delivered cost.
1.12 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)
' 07/03
END OF SECTION
03- 4138.A
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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.
1 07/03 01701 -1 03- 4138.A
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B. When the Contractor considers the Work to be substantially complete,
he shall submit a written notice to the Engineer that the Work, or
designated portion of the Work, is complete and ready for inspection.
C. Within a reasonable time of receipt of a request for inspection, the
Engineer will either proceed with inspection or advise the Contractor of
unfulfilled requirements. When the Engineer and Owner concur that
the Work, or designated portion of the Work, is substantially complete,
the Engineer will prepare the Certificate of Substantial Completion
following inspection.
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
1 07/03
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
01701 -2 03- 4138.A
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
tbut are required for final acceptance.
2. If necessary, reinspection process will be repeated.
1.05 RECORD DOCUMENT SUBMITTALS
A. Maintain at the site one complete set of record documents; protect
from deterioration and loss in a secure, fire - resistive location.
1. Provide access to record documents for the Engineer's reference
during normal working hours.
2. Label each document "PROJECT RECORD" in 2 inch high
printed letters.
3. Do not use for construction purposes.
1 07/03 01701 -3 03- 4138.A
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
1
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
1
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 07/03 01701 -3 03- 4138.A
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1) Three sets of signed and sealed sets of prints.
C. Record Specifications: Maintain one complete copy of the Project
Manual, including addenda, and one copy of other written construction
documents such as Change Orders and modifications issued in printed
form during construction.
1. Mark these documents to show substantial variations in actual
Work performed in comparison with the text of the
Specifications and modifications.
2. Give particular attention to substitutions, selection of options
and similar information on elements that are concealed or
cannot otherwise be readily discerned later by direct
observation.
3. Note related record drawing information and Product Data.
D. Record Product Data: Maintain one copy of each Product Data
submittal.
1. Mark these documents to show significant variations in actual
Work performed in comparison with information submitted.
Include variations in products delivered to the site, and from the
manufacturer's installation instructions and recommendations.
2. Give particular attention to concealed products and portions of
the Work which cannot otherwise be readily discerned later by
direct observation.
3. Note related Change Orders and mark -up of record drawings and
Specifications.
E. Record Sample Submitted: Immediately prior to the date or dates of
Substantial Completion, the Contractor will meet at the site with the
Engineer and the Owner to determine which of the submitted Samples
that have been maintained during progress of the Work are to be 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.
01701 -4 03- 4138.A
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5. Signature of Contractor or his authorized representative.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 FINAL CLEANING
A. Remove temporary protection and facilities installed for protection of
the Work during construction.
B. Comply with regulations of authorities having jurisdiction and safety
standards for cleaning. Do not burn waste materials. Do not bury
debris or excess materials on the Owner's property. Do not discharge
volatile, harmful or dangerous materials into drainage systems.
Remove waste materials from the site and dispose of in a lawful
manner.
C. Where extra materials of value remaining after completion of
associated Work have become the Owner's property, arrange for
disposition of these materials as directed.
END OF SECTION
07/03 01701 -5 03- 4138.A
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.
07/03 01720 -1 03- 4138.A
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.
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
07/03 01720 -2 03- 4138.A
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
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
07/03 01720 -3 03- 4138.A
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
07/03 01740 -1 03-4138.A
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
1 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)
1 07/03 01740 -2 03- 4138.A
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
07/03 01740 -3 03- 4138.A
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.
07/03 02200 -1 03- 4138.A
1 PART 2 - PRODUCTS
2.01 SOIL MATERIALS
A. Satisfactory Soil Materials: ASTM D2487 soil classification groups
GW, GP, GM, SM, SW and SP.
B. Unsatisfactory Soil Materials: ASTM D2487 soil classification groups
' GC, SC, ML, MH, CL, CH, OL, OH and PT.
C. Subbase Material: Naturally or artificially graded mixture of natural or
crushed gravel, crushed stone, crushed slag, natural or crushed sand.
1 07/03 02200 -2 03- 4138.A
D.
Drainage Fill: Washed, evenly graded mixture of crushed stone, or
1
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.
1
1 07/03 02200 -2 03- 4138.A
1
' D. Stability of Excavations:
1. Slope sides of excavations to comply with local codes and
ordinances having jurisdiction.
2. Shore and brace where sloping is not possible because of space
restrictions or stability of material excavated.
3. Maintain sides and slopes of excavations in safe condition until
completion of backfilling.
E. Shoring and Bracing:
1 . Establish requirements for trench shoring and bracing to comply
' with local codes and authorities having jurisdiction.
2. Maintain shoring and bracing in excavations regardless of time
period excavations will be open. Carry down shoring and
1 bracing as excavation progresses.
F. Dewatering:
' 1. Prevent surface water and subsurface or ground water from
flowing into excavations.
2. Do not allow water to accumulate in excavations.
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.
07/03 02200 -3 03- 4138.A
' 5. Except as otherwise indicated, excavate for exterior
water - bearing piping so top of piping is minimum 3' -6" below
' finished grade.
6. Grade bottoms of trenches as indicated, notching under pipe
bells to provide solid bearing for entire body of pipe.
I. Do not backfill trenches until tests and inspections have been made
and backfilling authorized by Engineer.
3.02 COMPACTION
A. Areas to be compacted shall be moistened and compacted by either
rolling, tamping or any other approved method by the Engineer in order
to obtain the desired density. The Contractor shall inspect all
compacted areas prior to further construction operations to ensure that
satisfactory compaction has been obtained. All backfill adjacent to
structures and pipes, shall be compacted to a density of not less than
100 percent of the maximum density as determined by AASHTO T -99.
Density tests are required, such tests shall be made as directed by the
Engineer at the expense of the Contractor. The Contractor shall
instruct the testing laboratory to forward copies of all test reports to
the Engineer.
B. Remove and replace, or scarify and air dry, soil material that is too wet
to permit compaction to specified density.
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 07/03 02200 -4 03- 4138.A
I1
1. Acceptance of construction below
waterproofing and perimeter insulation.
2. Inspection, testing, approval, and
underground utilities.
3. Removal of shoring and bracing, and
satisfactory materials.
finish grade including
recording locations of
backfilling of voids with
C. Remove vegetation, debris, unsatisfactory soil materials, obstructions,
and deleterious materials from ground surface prior to placement of
fills. Plow strip, or break -up sloped surfaces steeper than 1 vertical to
4 horizontal so that fill material will bond with existing surface.
D. When existing ground surface has a density less than that specified for
' particular area classification, break up ground surface, pulverize,
moisture - condition to optimum moisture content, and compact to
required depth and percentage of maximum density.
E. Place backfill and fill materials in layers of 8 in. loose depth for
material compacted by heavy compaction equipment, and 4 in. in
loose depth for material compacted by hand operated tampers.
F. Before compaction, moisten or aerate each layer as necessary to
provide optimum moisture content. Do not place backfill or fill
material on surfaces that are muddy, frozen, or contain frost or ice.
G. Place backfill and fill materials evenly adjacent to structures, without
wedging against structures or displacement of piping or conduit.
Compaction equipment used within 10 ft. of buried walls and soil
supported structures shall not exceed 2000 lbs.
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.
1 07/03 02200 -5 03- 4138.A
t
B. Grading Surface of Fill under Building Slabs: Grade smooth and even,
free of voids, compacted as specified, and to 1/2 in. below required
elevation.
3.05 FIELD QUALITY CONTROL
A. Contractor will engage soil testing and inspection service for quality
control testing during earthwork operations.
B. Allow testing service to inspect and approve subgrades and fill layers
before further construction work is performed.
C. If in opinion of Engineer, based on testing service reports and
inspection, subgrade or fills which have been placed below specified
density, provide additional compaction and testing at no additional
expense to Owner.
3.06 CLEANING AND PROTECTION
A. Protect newly graded areas from traffic and erosion. Keep free of
trash and debris.
B. Repair and re- establish grades in settled, eroded, and rutted areas to
specified tolerances.
C. Remove excess excavated and waste materials, including unacceptable
excavated material, trash and debris, and legally dispose of it off
Owner's property.
END OF SECTION
07/03 02200 -6 03- 4138.A
ISECTION 02221
' TRENCHING, BEDDING, AND BACKFILL FOR PIPE
PART 1 -GENERAL
1.01 WORK INCLUDED
' A
A. F
Furnish labor, materials, equipment, and incidentals necessary to
perform all excavation, backfill, fill, grading and slope protection
required to complete the piping work shown on the Drawings and
specified herein. The work shall include, but not necessarily be limited
to: manholes, vaults, duct conduit, pipe, and roadways and paving;
all bedding, backfilling, fill and required borrow; grading and disposal
of surplus and unsuitable materials; and all related work such as
sheeting, bracing and water handling.
1.02 RELATED WORK
' A
A. S
Section 02100: Site Preparation
B. S
Section 02220: Structural Excavation, Backfill & Compaction
' C
C. S
Section 02513: Asphaltic Concrete Paving
1.03 TRENCH PROTECTION
A. The Contractor shall construct and maintain sheeting and bracing as
' required to support the sides of excavations, to prevent any movement
which could in any way diminish the width of the excavation below
that necessary for proper construction, and to protect adjacent
structures, existing piping and foundation material from disturbance,
undermining, or other damage. Care shall be taken to prevent voids
outside of the sheeting, but if voids are formed they shall be
Iimmediately filled and compacted.
B. For pipe trench sheeting, no sheeting is to be withdrawn if driven below
' mid- diameter of any pipe, and no wood sheeting shall be cut off at a level
lower than 1 foot above the top of any pipe unless otherwise directed by
the Engineer. If during the progress of the work the Engineer decides that
' additional wood sheeting should be left in place, he may direct the
Contractor in writing. If steel sheeting is used for trench sheeting,
removal shall be as specified above, unless written approval is given by
' the Engineer for an alternate method of removal.
1 07/03 02221 -1 03- 4138.A
' C. All sheeting and bracing, not left in place, shall be carefully removed in
such a manner as not to endanger the construction or other structures,
' utilities, existing piping, or property. All voids left or caused by
withdrawal of sheeting shall immediately be refilled with sand or ramming
with tools especially adapted to that purpose, by watering or otherwise as
' may be directed.
' D. The right of the Engineer to order sheeting and bracing left in place
shall not be construed as creating any obligation on his part to issue
such orders, and his failure to exercise his right to do so shall not
relieve the Contractor from liability for damages to persons or property
occurring from or upon the work occasioned by negligence or
otherwise, growing out of a failure on the part of the Contractor to
leave in place sufficient sheeting and bracing to prevent any caving or
moving of the ground.
! 1.04 JOB CONDITIONS
A. The Contractor shall examine the site and review the available test
' borings or undertake his own soil borings prior to submitting his bid,
taking into consideration all conditions that may affect his work. The
Owner and Engineer will not assume responsibility for variations of
sub -soil quality or conditions at locations other than places shown and
at the time the investigation was made. Boring log data is included in
the specifications in Document 00200.
B. Existing Utilities: Locate existing underground utilities in the areas of
' work. If utilities are to remain in place, provide adequate means of
protection during earthwork operations.
1. Should uncharted, or incorrectly charted, piping or other utilities
' be encountered during excavation, consult the Engineer and the
Owner of such piping or utility immediately for directions.
2. Cooperate with Owner and utility companies in keeping
respective services and facilities in operation. Repair damaged
utilities to satisfaction of utility owner.
3. Demolish and completely remove from site existing underground
utilities indicated on the drawings to be removed.
C. Protection of Persons and Property: Barricade open excavations
' occurring as part of this work and post with warning lights. Operate
warning lights as recommended by authorities having jurisdiction.
1. Protect structures, utilities, sidewalks, pavements, and other
' facilities from damage caused by settlement, lateral movement,
undermining, washout and other hazards created by earthwork
operations.
1 07/03 02221 -2 03- 4138.A
1.05 SUBMITTALS
A. The Contractor shall furnish the Engineer, for approval, a
representative sample of fill material obtained from on site sources
weighing approximately 50 pounds, at least ten calendar days prior to
the date of anticipated use of such material.
B. For each material obtained from other than on site sources, the
Contractor shall notify the Engineer of the source of the material and
shall furnish the Engineer, for approval, a representative sample
weighing approximately 50 pounds, at least ten calendar days prior to
the date of anticipated use of such material.
' PART 2 - PRODUCTS
' 2.01 MATERIALS
' A. General:
1. Materials for use as base, fill and backfill shall be described
below:
a. Satisfactory soil materials are defined as those complying
with American Association of State Highway and
Transportation Officials ( AASHTO) M -145, soil
classification Groups A -1, A -2 -4, A -2 -5, and A -3.
b. Unsatisfactory soil materials are those defined in
AASHTO M -145 soil classification Groups A -2 -6, A -2 -7,
A -4, A -5, A -6, and A -7 along with peat and other highly
organic soils.
1 07/03 02221-3 03- 4138.A
B. Structural Fill:
1. Structural fill material shall be a well graded, suitable soil
material consisting of a minimum of 60 percent clean medium
fine grain sized quartz sand, free of organic, deleterious and /or
compressible percent clean medium fine grain sized quartz sand,
free of organic, deleterious and /or compressed material. Rock in
excess of 2 1/2 inches in diameter shall not be used in the fill
material. Structural fill shall not contain hardpan, stones, rocks,
cobbles or other similar materials.
C. Common Fill:
1. Common fill material shall be satisfactory soil material
containing no more than 20 percent by weight finer than No.
200 mesh sieve. It shall be free from organic matter, muck,
marl, and rock exceeding 2 1/2 inches in diameter. Common fill
1 07/03 02221-3 03- 4138.A
' shall not contain broken concrete, masonry, rubble or other
similar materials.
2. Materials falling within the above specifications, encountered
during the excavation, may be stored in segregated stockpiles
for reuse. All material which, in the opinion of the Engineer, is
not suitable for reuse shall be spoiled as specified herein for
disposal of unsuitable materials.
' D. Rock Bedding:
1. Rock bedding shall be 3/8" to 3/4" washed and graded
limerock. This rock shall be graded so that 99% will pass a
3/4" screen and 80% will be retained on a No. 8 screen.
PART 3 - EXECUTION
3.01 GENERAL
A. All excavation, backfill and grading necessary to complete the work
shall be made by the Contractor and the cost thereof shall be included
in the Contract price.
B. Material shall be furnished as required from off site sources and hauled
to site.
C. The Contractor shall take all necessary precautions to maintain the
work area in a safe and workable condition.
iD. The Contractor shall protect his work at all times by flagging, marking,
lighting and barricading. It shall also be the Contractor's responsibility
' to preserve and protect all above and underground structures, pipe
lines, conduits, cables, drains, or utilities which are existing at the time
he encounters them. Failure of the Drawings to show the existence of
these obstructions shall not relieve the Contractor from this
responsibility. The cost of repair of damage which occurs to these
obstructions during or as a result of construction shall be borne by the
Contractor without additional cost to the Owners.
3.02 TRENCH EXCAVATION
1 A. Excavation for all trenches required for the installation of pipes shall be
made to the depths indicated on the Drawings. Excavate trench to
provide minimum of 30 -inch clear cover over the pipe bell unless
otherwise noted on the Drawings. Excavate in such manner and to
such widths as will give suitable room for laying the pipe within the
trenches, for bracing and supporting and for pumping and drainage
facilities. The trench width at the top of the pipe shall not exceed the
allowable as determined by the depth of cut and indicated on the
' Drawings.
1 07/03 02221-4 03- 4138.A
B. Rock shall be removed to a minimum 8- inches clearance around the
bottom and sides of all the pipe or ducts being laid.
C. Where pipe is to be laid in limerock bedding or encased in concrete,
the trench may be excavated by machinery to or just below the
designated subgrade provided that the material remaining in the
bottom of the trench remains undisturbed.
D. Where the pipes or ducts are to be laid directly on the trench bottom
the lower part of the trenches shall not be excavated to the trench
bottom by machinery. The last of the material being excavated shall
be done manually in such a manner that will give a flat bottom true to
grade so that pipe can evenly and uniformly supported along its entire
length on undisturbed material or bedding rock. Bell holes shall be
made as required manually so that there is no bearing surface on the
bells and pipes are supported along the barrel only.
E. The bottom of the excavations shall be firm and dry and in all respects
acceptable to the Engineer. Excavate any organic soil material from
the bottom of the trench and replace with rock bedding, at least 6
inches thick.
3.03 PIPE INTERFERENCES AND ENCASEMENT
A. The contractor shall abide by the following schedule of criteria concerning
interferences with other utilities.
1. In no case shall there be less than 0.3 feet between any two
pipe lines and structures.
2. Class I Concrete Encasement: Wherever there is more than 0.3
foot, but not less than 1.5 foot clearance between water mains
or water services, then a concrete encasement shall be provided
in accordance with the typical detail as shown on the Drawings.
3. Class II Concrete Encasement: Wherever there is more than 0.3
foot, but less than 1.0 foot clearance between any two pipe
lines, or between pipe lines and structures, then a concrete
encasement shall be provided in accordance with the typical
detail as shown on the Drawings.
B. The Engineer shall have full authority to direct the placement of the
various pipes and structures in order to facilitate construction,
expedite completion and to avoid conflicts.
' 3.04 BACKFILLING
1 07/03 02221 -5 03- 4138.A
1 F. The remainder of the trench above the compacted backfill, as just
described above, shall be filled and thoroughly compacted with
common fill by rolling, ramming, or puddling, as the Engineer may
direct. Compact common fill in 12 -inch layers to 95% maximum
density.
G. The bedding rock in muck areas shall consist of the at least 10 inches
of washed and grade limerock placed in the trench to the proposed
elevation of the centerline of the pipe prior to any pipe laying. This
bedding shall not be used under any circumstances as a drain for
ground water. The Contractor shall take all precautions necessary to
maintain the bedding in a compacted state and to prevent washing,
1 erosion or loosening of this bed.
H. In locations where pipes pass through building walls, the Contractor
shall take the following precautions to consolidate the refill up to an
elevation of at least 1 foot above the bottom of the pipes:
1 . Place structural fill in such areas for a distance of not less than
3 feet either side of the centerline of the pipe in level layers not
exceeding 6- inches in depth.
2. Wet each layer to the extent directed and thoroughly compact
' each layer with a power tamper to the satisfaction of the
Engineer.
3.05 GRADING
1 07/03 02221-6 03- 4138.A
A.
Backfilling over pipes shall begin as soon as practical after the pipe has
been laid, jointed, and inspected and the trench filled with suitable
1
compacted material to the mid - diameter of the pipe.
B.
Backfilling over ducts shall begin not less than three days after placing
concrete encasement.
C.
All backfilling shall be prosecuted expeditiously as detailed on the
Drawings.
D.
Any space remaining between the pipe and sides of the trench shall be
packed full by hand shovel with selected earth, from stones having a
diameter greater than 2- inches and thoroughly compacted with a
tamper as fast as placed, up to a level of one foot above the top of
pipe. Compact to 95% maximum density in layers not to exceed 4
inches up to the centerline of the pipe from the trench bottom and in
layers not to exceed 6 inches from the pipe centerline to 12 inches
above the pipe.
E.
The filling shall be carried up evenly on both sides with at least one
for into the trench.
man tamping each man shoveling material
1 F. The remainder of the trench above the compacted backfill, as just
described above, shall be filled and thoroughly compacted with
common fill by rolling, ramming, or puddling, as the Engineer may
direct. Compact common fill in 12 -inch layers to 95% maximum
density.
G. The bedding rock in muck areas shall consist of the at least 10 inches
of washed and grade limerock placed in the trench to the proposed
elevation of the centerline of the pipe prior to any pipe laying. This
bedding shall not be used under any circumstances as a drain for
ground water. The Contractor shall take all precautions necessary to
maintain the bedding in a compacted state and to prevent washing,
1 erosion or loosening of this bed.
H. In locations where pipes pass through building walls, the Contractor
shall take the following precautions to consolidate the refill up to an
elevation of at least 1 foot above the bottom of the pipes:
1 . Place structural fill in such areas for a distance of not less than
3 feet either side of the centerline of the pipe in level layers not
exceeding 6- inches in depth.
2. Wet each layer to the extent directed and thoroughly compact
' each layer with a power tamper to the satisfaction of the
Engineer.
3.05 GRADING
1 07/03 02221-6 03- 4138.A
A. Grading shall be performed at such places as are indicated on the
Drawings, to the lines, grades and elevations shown or as directed by
the Engineer and shall be made in such manner that the requirements
for formation of embankments can be followed. All unacceptable
' material encountered, of whatever nature within the limits indicated,
shall be removed and disposed of as directed. During the process of
excavation, the grade shall be maintained in such condition that it will
be well drained at all times. When directed, temporary drains and
drainage ditches shall be installed to intercept or divert surface water
which may affect the prosecution or condition of the work.
B. If at the time of excavation it is not possible to place any material in
its proper section of the permanent structure, it shall be stockpiled in
approved areas for later use. No extras will be considered for the
stockpiling or double handling of excavated material.
C. The right is reserved to make minute adjustments or revisions in lines
or grades if found necessary as the work progresses, due to
discrepancies on the Drawings or in order to obtain satisfactory
construction.
1 D. Stones or rock fragments larger than 2 1/2 inches in their greatest
dimensions will not be permitted in the top 6 inches of the subgrade
line of all fills or embankments.
E. All fill slopes shall be uniformly dressed to the slope, cross - section and
alignment shown on the Drawings, or as directed by the Engineer.
F. In cut, all loose or protruding rocks on the back slopes shall be barred
loose or otherwise removed to line or finished grade of slope. All cut
and fill slopes shall be uniformly dressed to the slope, cross - section
and alignment shown on the Drawings or as specified by the Engineer.
G. No grading is to be done in areas where there are existing pipe lines
that may be uncovered or damaged until such lines which must be
maintained are relocated, or where lines are to be abandoned, all
required valves are closed and drains plugged at manholes.
H. The Contractor shall replace all pavement cut or otherwise damaged
during the progress of the work as specified elsewhere herein or as
shown on the Drawings.
L�
1 07/03 02221-7 03- 4138.A
1 3.06 DISPOSAL OF UNSUITABLE AND SURPLUS MATERIAL
A. All surplus and unsuitable excavated material shall be disposed of at
the Contractor's cost in one of the following ways as directed by the
Engineer.
1 1 . Transport to soil storage area on Owner's property and stockpile
or spread as directed by the Engineer.
2. Transport from Owner's property and legally dispose of. Any
permit required for the hauling and disposing of this material
beyond Owner's property shall be obtained prior to commencing
hauling operations. Copies of all required permits shall be
provided to the Engineer.
B. Suitable excavated material may be used for fill if it meets the
specifications for common fill and is approved by the Engineer.
Excavated material so approved may be neatly stockpiled at the site
where designated by the Engineer provided there is an area available
where it will not interfere with the operation of the facility nor
inconvenience traffic or adjoining property owners.
END OF SECTION
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1 07/03 02221 -8 03- 4138.A
' SECTION 02481
1 SHRUB AND TREE RELOCATION
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to
complete the Fine Grading 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 02484 - Soil Preparation and Soil Mixes
C. Section 02487 - Sodding
D. Section 02490 - Trees, Plants, and Groundcover
1.03 DESCRIPTION
A. Plant materials to be relocated on site are designated on the drawings
or as directed by the Landscape Architect.
B. The Contractor's crew utilized for the relocation of existing trees and
shrubs shall have minimum five years experience in relocation of
existing plant materials and be recognized by the American Association
of Nurserymen.
C. Existing trees to remain shall be protected during all construction
phases as noted on demolition plan. Any trees or shrubs scarred or
destroyed designated to remain will be replaced at the Contractor's
expense, with similar species, size and quality.
D. Remove other trees, saplings, shrubs, bushes, vines and undergrowth
as necessary and as directed by the Landscape Architect to
accommodate new plantings. Prepare areas to be planted per
Specification Sections 02484, 02487, and 02490.
E. Resulting tree pits and shrub bed pits of relocated material shall be
backfilled with clean fill and brought back flush with surrounding grade
if required. It shall be the contractor's responsibility to correct
problems caused by erosion, wind, etc., in the reclaimed area where
he has dug.
In areas where new plant material will replace relocated plant material,
appropriate planting soil mix shall be used as backfill.
1 07/03 02481 -1 03- 4138.A
1.06 TAGGING
A. Trees and shrubs within the designated areas for relocation shall be
clearly marked by means of yellow plastic surveyor's ribbons and
coordinated with Landscape Architect and shall be inspected and
approved by the Owner's representative prior to root pruning and /or
digging.
1.07 ROOT PRUNING
A. Trees to be relocated shall be root pruned at least 45 days prior to
digging with clean, sharp equipment. No mechanical means (ie.
Backhoes) may be utilized for the root pruning only shovels or
jackhammer type shovels shall be permitted. A pneumatic excavating
tool may be utilized to expose the roots at locations within 5' from
existing trees to better route lines or pipes to preserve the root mass
of those trees noted to remain. The specific requirements for root ball
sizes shall be in accordance with the table below or to the drip line of
the tree. The root - pruned trees shall be watered 3 times a week by
Landscape Contractor as part of this contract.
B. Palms and shrubs to be relocated shall be root pruned at least 30 days
prior to digging, with clean, sharp equipment. Palms relocated by tree
spade may forego the root - pruning requirement, but shall adhere to
root ball size charts below.
1 07/03 02481-2 03- 4138.A
1.04 SUBMITTALS
A.
Contractor to submit a list of equipment, procedure, and labor force
anticipated for use of shrub and tree relocation.
B.
Contractor to submit a schedule by day as to how many units can be
dug and relocated to specified areas. Note for those materials that
may require root pruning, the relocation schedule to begin at the end
of the specified root pruning period.
C.
Contractor shall apply and secure any and all permits if required by any
city, state, or federal agency or governing body.
1
1.05 GUARANTEE
A.
Guarantee all plant material for a period of twelve months after date of
Substantial Completion.
B.
Replacement plants under this guarantee shall be replaced within two
weeks of rejection and guaranteed for twelve months from date of
installation.
C.
Repair damage to other plants, lawn or construction work during plant
replacement at no cost to the Owner (this includes, but is not limited
to, damage to curbs, walks, roads, fences, site furnishings, etc.).
1.06 TAGGING
A. Trees and shrubs within the designated areas for relocation shall be
clearly marked by means of yellow plastic surveyor's ribbons and
coordinated with Landscape Architect and shall be inspected and
approved by the Owner's representative prior to root pruning and /or
digging.
1.07 ROOT PRUNING
A. Trees to be relocated shall be root pruned at least 45 days prior to
digging with clean, sharp equipment. No mechanical means (ie.
Backhoes) may be utilized for the root pruning only shovels or
jackhammer type shovels shall be permitted. A pneumatic excavating
tool may be utilized to expose the roots at locations within 5' from
existing trees to better route lines or pipes to preserve the root mass
of those trees noted to remain. The specific requirements for root ball
sizes shall be in accordance with the table below or to the drip line of
the tree. The root - pruned trees shall be watered 3 times a week by
Landscape Contractor as part of this contract.
B. Palms and shrubs to be relocated shall be root pruned at least 30 days
prior to digging, with clean, sharp equipment. Palms relocated by tree
spade may forego the root - pruning requirement, but shall adhere to
root ball size charts below.
1 07/03 02481-2 03- 4138.A
� I
C. Root Ball Size Chart - Note: Root ball sizes shall be in accordance with
minimum standards set forth in Grades and Standards for Nursery
Plants Part II, Palms and Trees, Florida Department of Agriculture.
1. LARGE SHRUBS - Minimum Ball Sizes:
a. Caliper Minimum Ball Diameter
1 " - 1 -1 /2" 16"
1
1-1/2" - 1 -3/4" 20"
1 -3/4" - 2" 22"
2" - 2-1/211 24"
2-1/2" - 3-1/2" 26"
3-1/211 - 4" 28"
4" - 4-1/2" 30"
4-1/2" - 5" 32"
5" - 5-1/2" 34"
* Larger sizes increase proportionately.
b. Minimum Ball Depth
1) Balls with diameter less than 20" — depth not less than
75% of diameter.
2) Balls with diameter 20 " -30" — depth not less than 65%
of diameter.
3) Balls with diameter 30" — 48" — depth not less than
60% of diameter,
4) Larger size scale down proportionately.
2. PALMS - Minimum Ball Sizes:
a. Heavy Trunk Types:
Caliper 18" Minimum Ball Size
above ground (Measurements from
Base of Trunk at
Ground Level)
9 -12" 10"
13 -14" 11"
15 -16" 12"
17 -18" 13"
19 -20" 14"
21 -24" 15"
' b. Slender Trunk Types (Palms):
Maximum 2 feet Minimum Ball Size
clear trunk wood (Measurements from
Base of Trunk at
Ground Level)
07/03 02481 -3 03- 4138.A
I.
Caliper measurements
Clear trunk wood
above ground
2 -3 feet or more. 36"
3"
6-1/2"
4„
7"
5"
7-1/2"
6„
8„
f
7"
8-1/2"
8„
9„
9"
9 -1 /2"
10"
10"
Clear trunk wood
2 -3 feet or more. 36"
C.
Depth of Ball Minimum Ball Depth
1) Up to 2 ft 14"
clear wood
2) 2 ft or more 22"
clear wood
d.
Cluster Types
Minimum ball to
exceed 8" beyond
1
outer trunk
Depth of Ball Minimum Ball Depth
1) 1 -6 ft 22"
clear trunk
'
2) 7 ft or more 30"
clear trunk
e.
Roots must be sturdily established in ball that has been
tightly wrapped and securely tied with twine or wire, or
pinned.
f.
Burlapping will not be required if the palm is dug from
marl or heavy soil that adheres to roots and retains its
shape without shattering, provided moistened material is
used to cover the ball, the roots are not directly exposed
to wind or sun, and the palm is planted within 24 hours
'
after being dug.
g.
When collected palms are grown on top of rock and are
peeled off, the depth of the ball may be less than
minimum ball size in chart, but width of ball and volume
of roots should be sufficient to ensure normal recovery
and continued growth.
07/03
02481 -4 03- 4138.A
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1.08 WATERING
A. Following root pruning, trees designated for transplanting shall be
watered for a period of five consecutive days following root pruning
and then every other day until moving. Such watering shall thoroughly
saturate the root ball to its full depth.
1.09 CROWN PREPARATION
A. Saba[ Palms:
1. Cut off bottom fronds as necessary according to condition of
' palm and time of moving
2. Cut off one or more unopened leaves on each side of tightly
closed center leaf.
3. Tie several fronds in upright position to unopened center leaves.
4. Tie remaining fronds together using untreated cotton twine or 2-
inch burlap strips.
NOTE: Another acceptable procedure is banding a length
or lengths of 2x4 lumber on trunk extending to 3/4 height of
unopened leaves and tying all fronds and unopened leaves to
lumber with untreated cotton twine. Adequate support shall be
given to the bud and opened leaves.
C. Cluster Type Palms:
'
1. Wire against the palm trunk a piece of 2x4 lumber of sufficient
length to give adequate support to open and unopened leaves.
The lumber must also be long enough to extend upward from
where the bud emerges to within 3/4 of length of all leaves and
downward approximately the same distance from where it is
wired to trunk.
2. Tie fronds in upright position to lumber using untreated cotton
twine.
3. Trunks with little or no wood may have their fronds tied to
another trunk that is supported by wood.
D. Shade and Flowering Trees:
1. Minimal trimming to the canopy shall occur. In so doing,
preserve the basic shape and form of the tree; eliminate cross -
branching and dead or diseased branches. Wrap 6 layers of
burlapping around the trunk where nursery ties are to be placed.
2. Treat cut areas larger than one inch (1 ") diameter with approved
tree wound dressing only at Landscape Architect's direction.
3. Selected species shall have all leaves hand stripped following
pruning and prior to moving.
4. Trees moved with leaves intact shall be treated with spray
antidessicant according to manufacturer's recommendations and
upon Landscape Architect's direction prior to moving.
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1 07/03 02481 -5 03- 4138.A
1 .10 TREE SPADING /HAND DIGGING
' A. Plant materials indicated to be relocated may be relocated by means of
a tree spade. The specific requirements for root ball size shall be in
accordance with root ball size charges, Section 1.08.
B. Burlapping will be required if trees, large shrubs, or palms will be
relocated to an area not accessible by the tree spade equipment or if a
tree spade is not used. Trees or palms that are dug by tree spade and
1 then burlapped for relocation shall comply and be handled in same
manner as new plant materials specified in Section 02490.
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1
PART 2 - PRODUCTS
PART 3 - EXECUTION
"NOT APPLICABLE"
3.01 HANDLING AND TRANSPORTATION
A. Trees, palms, and large shrubs shall be properly handled during moving
so trunks will not be scarred or damaged and to avoid broken limbs.
Broken limbs or scarred /damaged trunks shall cause plant to be
unacceptable and rejected at Landscape Architect's option. Broken
limbs and wounds which do not (in the Landscape Architect's
judgment) cause the tree to be rejected shall be repaired under the
following guidelines:
1. Properly prune dead, dying, or damaged branches with clean,
sharp equipment.
2. Remove injured bark and wood of a tree wound with a clean,
sharp knife to a point where healthy bark and wood make
contact at their margins.
3. Inspect and treat wounds for insect and disease.
4. Seal wounds with bituminous base wound paint only at
Landscape Architect's direction.
B. Transport plant material on vehicles of adequate size to prevent
overcrowding, broken limbs, foliage damage or root ball damage.
C. Root ball should be kept moist during all phases of relocation.
D. Root ball sizes for small and medium shrubs shall be 1/3 larger than
nursery grown stock of the same size and species. Ensure root ball is
solid and remains intact.
E. Tree and palm crowns shall be protected with shade cloth to prevent
desiccation and wind burn. Crowns shall be periodically sprayed with
water to help ensure against desiccation.
F. Groundcovers designated as divisions will consist of healthy offshoots
with adequate root mass to ensure successful transplant.
1 07/03 02481 -6 03- 4138.A
G. Inspect all plant material for insect /disease problems. Take appropriate
action before loading to ensure all plant material is free of any harmful
' insect /disease problem. This precaution does not preclude rejection at
the site. Apply pesticides in strict accordance with manufacturer's
recommendations and all government standards.
H. Plant material shall be handled only in ways and means accepted by
the industry and approved by the Landscape Architect.
I. Plant material shall be planted the same day it is dug. Preparation of
planting pits or beds shall be coordinated to ensure this schedule.
1 3.02 PLANTING
A. Tree Spade Material:
1 . Plant materials that are tree spaded and are relocated to areas
accessible by tree spade equipment shall be planted in tree
spaded planting pits as required.
2. Plant materials that are tree spaded and are relocated to areas
' that are not accessible by tree spade equipment shall be planted
according to procedures described for new plant materials in
Section 02490.
3. Contractor shall continue watering and caring for relocated
material as described in paragraph 3.04 and as described for
new material, Section 02490.
1 B. Hand Dug Material:
1. Relocated plant material shall be planted according to
procedures described for new material, Section 02490.
' Additionally, terrasorb shall be added to backfill.
2. Contractor shall continue watering and caring for relocated
material as described in paragraph 3.04 and as described for
new material, Section 02490. Relocated material which does
not survive shall be replaced with equal canopy at no cost to
the Owner.
3.03 FERTILIZER
A. Relocated plant materials shall be fertilized immediately after
transplanting.
B. Fertilizer shall be applied according to procedures described for new
materials, 02484 and 02490.
1 3.04 STAKING AND GUYING
I A. Designated material shall be staked and guyed according to procedures
described for new plant materials, Section 02490.
I 3.05 WATERING
A. Contractor shall be responsible for the manual watering of relocated
plant materials by providing a 90 -day watering program, until they are
established.
1 07/03 02481-7 03- 4138.A
3.06
B. Following tree spading and /or relocation, trees and palms designated
for transplanting shall be watered twice a day for the first two weeks,
every two days for the third week to the sixth week following the
installed date, every third day for the remainder of the 90 day period,
completely saturating the root ball for a period of thirty consecutive
days following moving. Such watering shall thoroughly saturate the
root ball to its full depth. After ninety day watering period plant
materials shall be watered and maintained as according to procedures
described for new plant materials, Section 02490.
MAINTENANCE
A. All relocated plant materials shall be maintained immediately after each
item is planted and continued until final inspection and acceptance.
B. All relocated plant materials shall be maintained in accordance to
procedures described in Section 02490.
END OF SECTION
07/03 02481-8 03- 4138.A
I J
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 -241c (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.
07/03 02487 -1 03- 4138.A
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.
07/03 02487 -2 03- 4138.A
2.
3.
4.
5.
6.
7.
2.02 WATER
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).
Uniformly mowed height when harvested:
a. St. Augustine Sod - 2 inches in height.
Thatch: Maximum 1/2 inch uncompressed.
Inspected and found free of diseases, nematodes, pests, and
pest larvae, by entomologist of State Department of Agriculture.
Weeds:
a. Free of horse grass, nut grass or other objectionable
weeds or weed seeds.
Uniform in color, leaf texture, and density.
A. Free of substances harmful to plant growth, objectionable odor or
staining agents.
2.03 FERTILIZER
A. FS O- F- 241c(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.
07/03 02487 -3 03- 4138.A
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1 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 lbs. 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.
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F. Establishment period shall extend until final acceptance by the Owner
according to the conditions of the Contract.
1 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
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SECTION 02490
TREES, PLANTS AND GROUNDCOVER
PART 1 -GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to
complete the Trees, Plants and Groundcover 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 02487 - Sodding
1.03 QUALITY ASSURANCE
A. Inspection
1. Furnish plant materials inspected by State Department of
Agriculture at the growing site and tagged or otherwise
approved for delivery by Landscape Architect.
2. Inspection at growing site does not preclude right of rejection at
project site.
B. Furnish plant materials certified by State Department of Agriculture to
be free form harmful insects or apparent disease. Verify that all plant
material is free of harmful insects and disease.
C. All plant material shall be Florida #1 or better as defined by the Florida
Department of Agriculture "Codes and Standards for Nursery Plants
Part I and II ".
D. Plant material shall be shade or sun grown, and /or acclimatized
depending on planting location.
1.04 SUBMITTALS
A. Certificate of inspection of plant material by State Authorities.
B. Test Reports: Analysis of samples from planting soil supply areas.
C. 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 installed plants throughout their full growing season.
1 07/03 02490 -1 03- 4138.A
1
1 07/03 02490 -2 03- 4138.A
1 .05 DELIVERY,
STORAGE AND HANDLING
A. Inventory:
1.
Verify that species of plants in holding area matches that on
plant list and drawings.
for Delivery:
B. Preparation
1 .
Prune head and /or roots of all trees under direction of Landscape
Architect, and as required to assure safe loading, shipment and
handling without damaging the natural form and health of the
plant.
2.
Balled and Burlapped (B &B) Plants:
a. Dig and prepare for shipment in manner that will not
damage roots, branches, shape, and future development
after replanting. Oak trees shall be root pruned 30 days
prior to digging and hardened off at the supplier's nursery
under mist for 30 to 60 days.
b. Ball with firm, natural balls of soil, per Florida Grades and
Standards.
C. Wrap ball firmly with burlap or strong cloth and tie: ANSI
Z60.1.
3.
Specimen Plants: Exercise care in digging, wrapping, and
1
binding of such specimens to assure safe loading, shipment and
handling.
4.
Bare Root Plants:
'
a. Refer to Section 02481 in its entirety for trees and palms.
C. Delivery:
1.
Deliver soil conditioners (pesticides, herbicides, fumigants, and
fertilizers) to site in original unopened containers bearing
manufacturer's guaranteed chemical analysis, name, trade
name, trademark, and conformance to state law. Store in
'
designated areas only.
2.
Deliver planting soil mixes and mulch in bulk with
manufacturer's guaranteed mix, name, and conformance to
State law. Store in designated areas only.
3.
Deliver plants with legible identification labels.
a. Label trees, evergreens, containers of like shrubs, or
groundcover plants.
b. State correct plant name and size indicated on Plant List.
C. Use durable waterproof labels with water resistant ink
which will remain legible for at least 60 days.
4.
Protect during transport /delivery with shade cloth or other
acceptable means to prevent wind burn.
5.
Protect all plant material during delivery to prevent damage or
desiccation to root ball or desiccation of crown and leaves.
6.
Mist root balls, tree and palm crowns during delivery and
handling to ensure against drying.
7.
Remove unacceptable plant material immediately from job site.
1
1 07/03 02490 -2 03- 4138.A
' D. Storage:
1. Balled and burlapped plant stock: Deliver direct from nursery.
' 2. Bare root plant material: Deliver direct from supplier.
3. Protect roots of all plant material from drying or other possible
injury. Keep plant root ball and crown moist at all times.
4. Store plants in shade and protect from weather. Heel in trees in
' a vertical position as required. Irrigate all stored plants as
required.
5. Maintain and protect plant material not to be planted within four
hours. Plant palms upon delivery.
E. Handling:
1 . Do not drop plants.
2. Do not pick -up container or balled plants by stems or trunks.
3. Do not use chains or cables on any trees or palms. Handle
using nylon straps, 2 inche width min.
1.06 JOB CONDITIONS
A. Planting Season: Perform actual planting only when weather and soil
conditions are suitable in accordance with locally accepted practice.
1 B. Verify that all existing trees to remain are properly identified and
barricaded to prevent damage under this and future construction.
Landscape Contractor shall be responsible for maintaining adequate
identification and barricading of all existing plant material to remain
throughout the installation and required maintenance period.
1.07 GUARANTEE
A. Guarantee all plant material as for one year after substantial
completion.
' B. Replacement plants under this guarantee shall be replaced within two
weeks of rejection and guaranteed for twelve months from date of
installation.
C. Repair damage to other plants, lawn or construction work during plant
replacement at no cost to the Owner (this includes, but is not limited
to, damage to curbs, walks, roads, fences, site furnishings, etc.).
1.08 SCHEDULING
A. Install trees, shrubs, and ground cover before lawns are installed.
B. Notify Landscape Architect of anticipated installation date at last two
weeks in advance.
F
1 07/03 02490 -3 03- 4138.A
IPART 2 - PRODUCTS
' 2.01 PLANT MATERIAL
A. Well- formed and shaped, true to type, and free from disease, insects,
and defects such as knots, sun - scald, windburn, injuries, abrasion or
' disfigurement.
B. True to botanical and common name and variety: American Joint
' Committee on Horticultural Nomenclature, Standardized Plant Names,
latest edition.
C. Minimum grade of Florida No. 1 in accordance with "Grades and
' Standards for Nursery Plants" published by the State of Florida
Department of Agriculture.
All plants not listed in "Grades and Standards for Nursery Plants ",
published by the Division of Plant Industry, shall conform to a Florida
No. 1 as to:
1. Health and vitality
2. Condition of foliage
3. Root system
4. Freedom from pests or mechanical damage
1 5. Heavily branched and densely foliated according to the accepted
normal shape.
07/03 02490 -4 03- 4138.A
D. Nursery Grown: ANSI Z60.1 -1969
1. Grown under climatic conditions similar to those in locality of
project.
'
2. Container Grown Stock:
a. Growing in container for minimum 30 days before
delivery, with sufficient root system for container.
'
b. Not root -bound or with root systems hardened off.
3. Use only ground cover plants well - established in removable
containers, integral containers, or formed homogenous soil
sections.
E. Minimum root ball sizes for all palms shall be as delineated within
"Grades and Standards for Nursery Plants, Part II, Palms and Trees ",
'
published by the State of Florida Department of Agriculture.
1. All plants not listed in Grades and Standards for Nursery Plants,
published by the Division of Plant Industry, shall conform to a
Florida No. 1 as to:
a. Health and vitality
b. Condition of foliage
C. Root system
d. Freedom from pests or mechanical damage
e. Heavily branched and densely foliated according to the
accepted normal shape of the species or sport.
07/03 02490 -4 03- 4138.A
2.02 PLANTING SOIL
A. Planting soil mixture for backfill around trees, shrubs, and groundcover
shall be as specified in Section 02484 - Soil Preparation and soil
mixes.
* Terrasorb shall be added to all backfill.
2.03 SOIL CONDITIONERS
A. Soil conditioners shall be as specified in Section 02484 - Soil
Preparation and soil mixes.
1. As a fertilizer supplement to Phoenix Palms, a foliar spray shall
be applied one week after installation (excluding summer
months) and again at three -month intervals. The chemical
designation shall be 8 -6 -6 with at least 95% of the nitrogen
derived from a water - soluble, organic source. The potash
source shall be derived from sulphate forms. The following
minor elements shall be included:
.06% MG
.02% B
.05% CU
1.00% Fe
1.00% Mn
B. It shall be the responsibility of the contractor to supply and transport
water to all landscape areas.
2.04 TOP MULCH
A. Shredded Eucalyptus, shredded, loose, substantially free of mineral
waste materials, and showing an acid reaction.
B. Minimum organic matter by weight on an oven dry basis: 85 %.
C. Processed specifically for use as top mulch around plant beds.
2.05 GUYING AND STAKING MATERIAL
1 07/03
A. Stakes for Tree Support:
1 . Construction grade lumber.
2. Braces and Vertical Stakes: Nominal 2" x 2 ".
3. Stakes: Nominal 2" x 4" x 4'long and pointed at one end.
4. Cross Braces: Nominal 1 " x 4" boards.
5. All above grade stakes shall be painted with one coat of brown
paint. Paint to be approved by the Owner's Representative.
B. Guying Wires: Annealed, galvanized iron or galvanized steel 12 gauge
wire. Wire shall be flagged with white or yellow surveyor tape
minimum 2 per guy wire, (one flag near ground level and one flag near
the middle of the length of wire).
02490 -5 03- 4138.A
C. Hose:
1 . Type: New /12 inch diameter 2 -ply reinforced rubber or plastic
' hose.
2. Minimum size: 3/4 in.
D. Turnbuckles:
' 1. Turnbuckles are recommended but not required. Landscape
Contractor shall be responsible for keeping taut all guyed plant
material and for keeping flagging in place. One turnbuckle per
' guy wire is required if used.
2. Method of tightening guy wires to be approved by Landscape
Architect.
3. Guying to be tightened as needed, but always within two days
of when found necessary.
2.05 SLOPE STABILIZATION
A. Landscape contractor shall be responsible to stabilize grades by
approved methods where necessary at his own cost.
B. Contractor shall stabilize all sloped areas 3 to 1 or greater and areas
found to be required to reduce surface erosion by the Owner's
' Representative with "Hold Gro" Erosion Control Fabric as
manufactured by Gulf States Paper Company, Tuscaloosa,
Alabama or approved equal. Contractor shall install erosion control
fabric according to the manufacturer's instructions.
' 2.06 DRAINAGE GRAVEL
' A. Drainage gravel shall be River Run Gravel and shall be of graduated
sizes.
B. River Run Gravel shall be no smaller than one -half inch nor larger than
' two inches in any direction.
C. Gravel shall be installed as shown on drawings or to a minimum depth
of 2 inches above drains, and 4 inches throughout planters.
D. Gravel shall be washed clean and contain no chemical elements
' harmful to plant growth.
E. Coral rock shall not be used.
tPART 3 - EXECUTION
3.01 INSPECTION
A. Verify final grades have been established prior to beginning planting
operation.
B. Inspect trees, shrubs, and ground cover plants for injury, insect
infestation, and trees and shrubs for improper pruning.
1 07/03 02490 -6 03- 4138.A
C. Do not begin planting of trees until deficiencies are corrected, or plants
replaced.
3.02 LOCATION /STAKING
A. Stake out locations for plants and outline of planting beds on ground.
B. Do not begin excavation until stake out of plant locations and plant
beds are acceptable to the Landscape Architect.
C. All trees are to be located and staked for inspection by the Landscape
Architect.
' 3.03 PREPARATION
u
A. Pits and Trenches:
1. Shape:
a. Vertical sides and flat bottom.
b. Plant pits to be square or circular.
2. Size:
a. For Trees:
(1) Depth: Minimum 2 ft. from finish grade and
increased as necessary to accommodate planting
ball and at least 6 inch planting soil backfill below
ball or roots.
(2) Width or Diameter: 2 ft. greater than diameter of
plating ball unless otherwise approved by
Landscape Architect for special planting areas.
b. For Shrubs and Groundcovers:
(1) Depth:
(a) 2- and 3- gallon plant material shall receive a
minimum of 2" of planting soil mixture
beneath the root ball.
(b) Plant materials sized 1 gallon or less, or
materials planted 24 inches O.C. or less shall
receive a full 12 inches of amended planting
soil mix tilled to a minimum depth of 12
inches.
NOTE: All annuals beds shall receive a full 6
inches of amended planting soil mix tilled to
a minimum depth of 6 inches.
(c) For plants not requiring soil mix the entire
bed shall be tilled by mechanical means to a
depth of 12 inches.
(2) Width or Diameter:
(a) All 2- or 3- gallon material shall be placed
within a minimum 13-1/2 inch planting hole,
and backfilled with the specified planting soil
mix.
(b) All plant material sized 1 gallon or less, or
material planted 24 inches O.C. or less shall
receive complete bed amending. That is
07/03 02490 -7 03- 4138.A
1
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excavation of existing soil to a minimum of
12 inches
(Note: 6 inches for all annual beds) below
finished soil elevation, backfilling with a
minimum 3 inches of planting soil mix, and
then tilling with all required amendments to a
depth of not less than 12 inches.
(Note: 6 inches for all annual beds. All
areas to be amended in such a manner shall
be highlighted on contractor's record
drawings.
(3) Bring all beds and pits to smooth,even
surface conforming to established grades
after full settlement has occurred.
NOTE: Amending of and quantities of
planting soil mixes as outlined above
contingent with existing soil conditions.
B. Planting Beds:
1 . Planting beds to a depth of 12 inch topsoil mixture.
2. Bring beds to smooth, even surface conforming to established
grades after full settlement has occurred.
3. Use acceptable excess excavated topsoil to form watering
berms around the plants.
C. Test fill all tree pits with water before planting to assure proper
drainage percolation is available. Pits which are not adequately
draining shall be excavated to a depth sufficient for drainage and
backfilling with gravel or crushed rock. No allowances will be made
for lost plants due to improper drainage. Landscape Contractor shall
replace with same species size and specification at no cost to Owner.
3.04 PLANTING
A. General
1. Center plant in pit or trench.
2. Face for best effect, or as directed by Landscape Architect.
3. Set plant plumb and hold rigidly in position until soil has been
tamped firmly around planting ball.
4. Use only planting soil backfill as specified hereinbefore.
5. Place sufficient planting soil under plant to bring top of planting
ball to finish grade.
6. Backfill pit or trench with planting soil in 9 in. layers and water
each layer thoroughly to settle soil and work soil completely
around roots and planting ball.
7. After soil settles fill pit with planting soil, water, and leave pit
surface even with finish grade.
8. Topsoil Berm:
a. Construct a topsoil berm 6 in. above finish grade forming
a watering basin with a level bottom around each palm or
tree.
07/03 02490 -8 03- 4138.A
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b. Size: 2 ft. greater than diameter of planting ball.
C. Leave saucer for 3 months or as directed by Owner's
Representative. At the end of 3 months regrade area and
re -mulch 12 inches out from trunk (or planting bed) for all
plantings. Remove excess from basin and clean area.
B. Balled Plants (B &B) and (WB &B):
1 . Place in pit on planting soil backfill material that has been hand -
tamped prior to placing plant.
2. Place with burlap intact so location of ground line at top of ball
is same as at nursery where grown.
3. Remove binding at top 1/2 of planting ball and lay top of burlap
back 6 inches. For wire balled trees, remove wire on top of ball.
4. Do not pull wrapping from under planting ball.
5. Do not plant if planting ball is cracked, broken or showing
evidence of voids before or during planting process. Replace
with plant of same species, size, and specification at no cost to
Owner.
C. Container -Grown Plants:
1 . Can /Container Removal:
a. Cut cans on two sides with an acceptable can cutter.
b. Do not injure planting ball.
C. Do not cut cans with spade or ax.
d. Do not cut sides on knockout cans.
e. Carefully remove plants without injury or damage to
planting ball.
f. After removing plant. Superficially cut edge roots with
knife on three sides.
2. Dig planting holes to size as shown.
3. Hand place plants which are in containers less than one gallon in
size.
4. Hand backfill and hand tamp leaving slight depression around
bases of plants.
5. Do not cover top of root ball.
6. Water for settlement and replace required planting soil.
3.05 FERTILIZER APPLICATIONS
A. Apply granular fertilizer at time of planting and repeat 3 months from
first application. Schedule fertilization with Landscape Architect.
B. Apply granular fertilizer at following rates, to planting bed and saucer
areas around each tree, palm and shrub:
1. Trees:
a. Caliper 4 inches and larger:
5 lbs. per in. of Caliper
b. Caliper under 4 inches:
3 lbs. per in. of Caliper
C. Shrubs: 2 lbs. per 100 sq. ft. of area.
d. Ground Cover Plants: 2 lbs. per 100 sq. ft. of area.
e. Palms: 1 lb. per in. of palm trunk Caliper.
1 07/03 02490 -9
03- 4138.A
F1
C. Broadcast under foliage canopy and incorporate into soil.
D. Water immediately until root structure of plant is wet. Assure
protection from fertilizer burn.
E. Apply foliar nutrient spray at time of planting (summer excluded) and
repeat three months from first application. Schedule fertilization with
Landscape Architect. Drench palm leaves with foliar nutrient spray at
the manufacturer's recommended rate to all Phoenix Palm species.
3.06 WEED CONTROL
A. Apply post- emergent herbicide, "Round -up" as manufactured by
Monsanto Corp. or approved equal, per manufacturer's rate and
method of application to all landscape bed areas as necessary.
B. Apply pre- emergent herbicide "Ron- Star" before mulching and again as
necessary throughout required maintenance period to prevent weed
seed germination.
C. The Landscape Contractor shall verify that the herbicide and
application technique will not damage plant material prior to
application, and shall replace, and /or repair damage to any plant injured
by herbicide application at no cost to the Owner.
3.07 TOP MULCHING
A. Top mulch planting pits, trenches, and areas within two days after
planting.
B. Cover watering basin or bed evenly with 3 inch compacted depth of
top mulch material.
C. Water thoroughly, immediately after mulching.
D. "Cut in" mulch at plant bed /sod line.
E. Hose down planting area with fine spray to wash leaves of plants at
least twice a week, or as required.
F. Exclude mulch from annual and Bromeliad beds.
3.08 GUYING AND STAKING OF TREES
A. Stake trees as shown on the drawings except where they are planted
in special locations where guying is not feasible.
1 . Stake Installation:
a. Drive stakes perpendicularly, 3 feet into ground at edge
of root ball. Do not drive stake through soil separator or
drainage gravel if present. Do not drive stakes through
root ball.
b. Number of stakes as shown.
07/03 02490 -10 03- 4138.A
2. Tying and Cross - bracing:
(3) Separate guy wire from bark by hose section.
B. Stake palm trees as shown. Contractor shall have the option to
deepen the burial of Sabal Palmetto and Washingtonia Robusta for
stabilization in lieu of staking. (Note: The clear trunk height shall be
' required as specified on plans after installation. The Contractor shall
still be responsible for and guarantee the installation against toppling
and be responsible for any and all damage incurred to toppling over.)
3.09 PRUNING
A. Prune minimum necessary to remove injured twigs and branches,
1 deadwood, and suckers. Pruning shall be done with regard to natural
form of plant material or as directed by the landscape Architect.
1 . Do not prune prior to delivery to site.
Note: Pruning is required for collected palms and trees per
"Grades and Standards for Nursery Plants Part II, Palms and
Trees" and Section 02481.
B. All cuts one inch diameter or larger made during pruning of any plant
material shall be painted with commercial grade sealant as approved
and directed by Landscape Architect.
C. Pruning cuts shall be monitored to ensure proper healing and to
prevent insect /disease infestation.
D. Landscape Contractor shall perform all specialized shearing and or
pruning as directed by the Landscape Architect and as shown on the
drawings at no additional cost to the Owner.
3.10 MAINTENANCE
A. General:
1. Begin maintenance immediately after each item is planted and
continue until final inspection and acceptance.
2. Maintain a health growing condition by pruning, watering,
cultivating, weeding, mowing, mulching, tightening, and
repairing of guys, resetting plants to proper grades or upright
position, restoration of plant saucer, and furnishing and applying
such sprays as necessary to keep planting free of insects and
diseases.
3. The root system of plants shall be watered at such intervals as
will keep the surrounding soil in best condition for promotion of
root growth and plant life.
4. Keep planting saucers and beds free of weeds, grass and other
undesired vegetation growth.
07/03 02490-11 03- 4138.A
a. For trees over 4 inch caliper:
1
(1) Stake and tie firmly with guy wire.
(2) Separate guy wire from bark by hose section.
b. For trees under 4 inches in caliper:
(1) Nail cross -brace between stakes.
'
(2) Tie tree to cross -brace guy wire.
(3) Separate guy wire from bark by hose section.
B. Stake palm trees as shown. Contractor shall have the option to
deepen the burial of Sabal Palmetto and Washingtonia Robusta for
stabilization in lieu of staking. (Note: The clear trunk height shall be
' required as specified on plans after installation. The Contractor shall
still be responsible for and guarantee the installation against toppling
and be responsible for any and all damage incurred to toppling over.)
3.09 PRUNING
A. Prune minimum necessary to remove injured twigs and branches,
1 deadwood, and suckers. Pruning shall be done with regard to natural
form of plant material or as directed by the landscape Architect.
1 . Do not prune prior to delivery to site.
Note: Pruning is required for collected palms and trees per
"Grades and Standards for Nursery Plants Part II, Palms and
Trees" and Section 02481.
B. All cuts one inch diameter or larger made during pruning of any plant
material shall be painted with commercial grade sealant as approved
and directed by Landscape Architect.
C. Pruning cuts shall be monitored to ensure proper healing and to
prevent insect /disease infestation.
D. Landscape Contractor shall perform all specialized shearing and or
pruning as directed by the Landscape Architect and as shown on the
drawings at no additional cost to the Owner.
3.10 MAINTENANCE
A. General:
1. Begin maintenance immediately after each item is planted and
continue until final inspection and acceptance.
2. Maintain a health growing condition by pruning, watering,
cultivating, weeding, mowing, mulching, tightening, and
repairing of guys, resetting plants to proper grades or upright
position, restoration of plant saucer, and furnishing and applying
such sprays as necessary to keep planting free of insects and
diseases.
3. The root system of plants shall be watered at such intervals as
will keep the surrounding soil in best condition for promotion of
root growth and plant life.
4. Keep planting saucers and beds free of weeds, grass and other
undesired vegetation growth.
07/03 02490-11 03- 4138.A
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1 07/03
5. Protect planting areas and plants against trespassing and
damage of any kind for the duration of the maintenance period.
6. Insect plants at least once a week and perform maintenance
promptly. Replace impaired or dead plants promptly. Do not wait
until near the end of the guarantee period to make replacements
of plants which have become unacceptable.
7. Remove soil ridges from around watering basins prior to end of
maintenance period, as directed by the Landscape Architect.
Watering: Water when soil moisture is below optimum level for best
plant growth.
CLEANING
Fill all pits /depressions in holding area and rough grade to meet
surrounding elevations. Remove any organic or other debris resulting
from the plant relocation process.
Sweep and wash all paved surfaces.
Remove planting debris from project site and holding area.
Remove soil conditioners, soil mixes, gravel, etc. from project site and
holding area.
END OF SECTION
02490 -12 03- 4138.A
SECTION 02513
ASPHALTIC CONCRETE PAVING
PART 1 -GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required and
place asphaltic concrete pavement in accordance with the grades and
typical sections shown on the Drawings and as specified herein.
1.02 RELATED WORK
A. Clearing, grubbing and stripping are specified in Section 02100 and in
Section 02221.
1.03 SUBMITTALS
A. Submit shop drawings as specified in Section 01340.
PART 2 - PRODUCTS
2.01 MATERIALS
A. The limerock base shall consist of grade No. 2 Miami Oolite limerock
as specified by section 911 of the Florida Department of
Transportation Standard Specifications.
B. The material used for the prime coat shall conform to the Florida
Department of Transportation Specifications for primer to be used on
Miami Oolite limerock base.
C. Bituminous material for tack coat shall meet the standard
specifications of the Florida Department of Transportation for the
grade used and may be any suitable grade of R.C.
D. The materials of the asphaltic concrete surface, and truing and leveling
shall conform with applicable sections of Florida Department of
Transportation Specifications for Type S -3 Asphaltic Concrete Surface
Course.
07/03 02513 -1 03- 4138.A
E. Guardrails
1. The guard rail shall consist of 0.125 inch aluminum sheet,
'I formed into a deep -beam type rail. Bolts and washers shall
I conform to DOT Standards for aluminum guard rails.
2. Each end of the guard rail shall terminate in a terminal section,
'! and lapped at the end post.
3. The rail post shall consist of timber posts and offset on 8
centers. Mount reflector assembly on offset each 24'.
PART 3 - EXECUTION
3.01 INSTALLATION
A. The subgrade preparation shall comply with the requirements of
Section 160 of the Florida Department of Transportation
Specifications. All soft and yielding material and other portions of the
subgrade which will not compact readily shall be removed and
replaced with suitable material and the whole subgrade brought to line
and grade and to a foundation of uniform compaction and supporting
power. The cost of removing and replacing unsuitable material shall
be included in the bid for the paving.
' B. The top 12 inches of the subgrade, in both cut and fill sections, shall
be compacted to a density of not less than 100 percent of the
maximum density as determined by the AASHTO Method T -180. If
shown on the Drawings, compact subgrade to a Florida Bearing Value
of 75 psi. Unless the subgrade material at the time of compacting
contains sufficient moisture to permit proper compaction it shall be
moistened as necessary and then compacted. Subgrade material
containing excess moisture shall be permitted to dry to the proper
' consistency before being compacted. The subgrade shall be shaped
prior to making the density tests. The required density shall be
maintained until the base or pavement has been laid or until the
1 aggregate materials for the base or pavement course have been spread
in place.
tC. The minimum compacted thickness of the limerock base shall be 12
inches applied in three layers of equal depth unless otherwise shown
' on the Drawings. The width of the limerock base shall be 3 feet wider
than the pavement, 1-1/2 ft. on each side.
D. Before the prime coat is applied, all loose material, dust, dirt or other
foreign material which might prevent bond with existing surface shall
be moved to the shoulders to the full width of the base by means of
' revolving brooms, mechanical sweepers, blowers, supplemented by
hand sweeping or other approved methods. The glazed finish shall
07/03 02513 -2 03- 4138.A
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have been removed from the base. The prime coat shall be applied by
a pressure distributor so that approximately 0.1 gallons per square
yard is applied uniformly and thoroughly to a clean surface.
E. Prior to the application of the surface course, all loose material, dust,
dirt and all foreign material which might prevent proper bond with the
existing surface shall be removed to the full width of the repair by
means of approved mechanical sweepers and supplemented by hand
sweeping if required.
F. Apply bituminous tack coat at a rate between 0.02 and 0.10 gallons
per square yard. Bituminous material shall be heated as per
manufacturers recommendations.
G. The truing and leveling asphaltic concrete shall be placed in lifts of
three - quarter inches (3/4 ") each. Overlay asphalt shall be placed in
one 1 " lift.
H. All manhole castings, valve boxes or other utility castings within the
area to be surfaced shall be adjusted to the proposed surface elevation
by the Contractor. The work shall be accomplished in such a manner
as to leave the casting fixed permanently in its correct position at no
additional cost to the Owner.
3.02 PAVEMENT REPAIR
1 07/03
A. All damage to pavement as a result of the work (construction or
maintenance) under this contract shall be repaired according to the
plans and specifications at the Contractor's cost. Pavement shall be
repaired to match the original surface material and original grade,
however, the asphalt concrete thickness shall not be less than 1 inch.
The repair shall include the preparation of the subgrade, the placing
and compacting of the limerock base in 6" maximum lifts, the
preparation and priming of the base, the placing and maintaining of the
surface treatment, all as specified herein and as shown on the
Drawings.
B. The width of all repairs shall extend at least 12 inches beyond the limit
of the damage or as shown on the Drawings. The edge of the
pavement to be left in place shall be saw cut to a true edge and should
provide a clean edge to abut the repair. The line of the repair shall be
reasonably uniform with no unnecessary irregularities.
02513 -3 03- 4138.A
' 3.03 TESTING
' A. The Contractor shall have density, soil bearing, materials and such
other tests performed as directed by the Engineer and shall pay the
costs of such tests in accordance with Sections 02200 and 02221.
The Contractor shall fully cooperate with the testing agency. Should
any test indicate that any portion of the materials or workmanship
does not comply with these Specifications, a retest shall be performed
at the Contractor s expense. If the retest confirms the first test, that
portion of the work shall be removed and replaced or reworked at no
' additional cost to the Owner until satisfactory compliance is attained.
3.04 PARKING AND TRAFFIC STRIPES
' A. The Contractor shall paint the stripes indicated on the Drawings or
disturbed during construction. The paint shall be applied in strict
accordance with printed specifications of the manufacturer of the paint
being applied, and the latest Florida Department of Transportation
Standard Specifications.
' END OF SECTION
e
1 07/03 02513 -4 03- 4138.A
SECTION 02580
PAVEMENT MARKINGS AND SIGNING
PART 1 -GENERAL
1.01 SCOPE
A. The Contractor shall supply all labor, equipment, materials and
incidentals necessary to install pavement markings and signing in
accordance with the plans and the following specifications.
1.02 REFERENCED SPECIFICATIONS, CODES AND STANDARDS
A. Manual of Uniform Control Devices, latest edition
B. FDOT Design Standards, 1992 edition
C. FDOT Standard Specifications for Road and Bridge Construction, 1991
edition
PART 2 - PRODUCTS
2.01 MATERIALS
A. Paint shall be of the color indicated on plans, Sherwin - Williams "Pro -
Mar" Traffic Marking Paint, series B29 or Glidden Traffic paint #63228.
B. Thermoplastic traffic stripes and markings shall meet the requirements
of AASHTO M249 -79 (1986) and exceptions as indicated in the "FDOT
Standard Specifications for Road and Bridge Construction ", 1991
edition.
PART 3 - EXECUTION
A. Parking stalls shall be marked in accordance with the typical pattern
indicated on the criteria drawings. Stall width and depth, and drive
widths indicated are minimum and must not be reduced. Provide two
(2) coats of paint, 15 mil minimum dry film thickness.
B. Directional arrows shall be marked on pavement in location and of size
indicated on drawings.
C. Paint top and face of concrete curb at front sidewalk, parking lot
entrances and traffic islands and asphalt entrance ramps.
D. Paint concrete base and base plate at all parking lot lighting standards
and steel pipe base of handicapped parking identification sign.
07/03 02580 -1 03- 4138.A
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07/03
E. Paint all precast concrete bumpers (except where used as a continuous
curb).
F. Paint all chatter strips and raised dividers.
G. Paint all sitework protective guard posts beyond five (5) feet of the
building.
H. Entrances shall be properly marked by painting directional arrows on the
pavement in the location and of the size indicated on the drawings.
END OF SECTION
02580 -2
03- 4138.A
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
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 MM Systems Corporation, Tucker,
Georgia 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.
07/03 03251 -1 03- 4138.A
F. Sealant color shall be selected by the Engineer.
2.02 EXPANSION JOINTS - OTHER
' A. Premolded joint filler shall be 3/4 -inch thick or as shown on the
Drawings 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.
1 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
07/03 03251 -2 03- 4138.A
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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. Section 01410 — Te sting and Testing Laboratory Services
B. Section 03251 - Joints.
1.03 REFERENCE
A. ASTM C -150 Portland Cement
B. FS SS -C- 1960/3 Portland Cement
07/03
C. ASTM C -94 Ready -Mix Concrete
D. ACI 318 -89 Reinforced Concrete
E. ASTM C -143 Concrete Mix
F. ASTM C -231 Concrete Testing
G. ASTM C -33 Concrete Aggregates
H. ASTM C -87 Mortar Strength
I. ASTM C -40 Concrete Aggregates
J. ASTM C -494 Concrete Ad Mixtures
K. ACI 304 Truck Mixers
L. ASTM C -31 Field Testing
M. ASTM C -39 Concrete Testing
03300 -1
03- 3148.A
' 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 per
section 01410. Cost of such work, except as specifically stated
otherwise, will be paid per section 01410. 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
P P
proportions to produce concrete conforming to the specific
requirements shall be determined by means of prior laboratory tests
made by the Concrete Supplier or the Contractor at his expense with
the constituents to be used on the work.
B. The Concrete Supplier shall submit through the Contractor to the
' Engineer for approval the concrete mix he intends to use, designed
within the limits of these specifications, listing the brand of cement,
source and results of tests of aggregates and admixtures not later
than 14 days prior to the beginning of placing concrete.
0"03 03300 -2 03- 3148.A
C. The limiting strengths, water - cement ratios and cement factors as
shown on Table A shall apply. Maximum water - cement ( # / #) for
' structures shall be 0.53 by weight.
TABLE A
1 Minimum Maximum Net Minimum
* *Minimum; increase as necessary to meet other requirements. These
cement factors apply to "controlled" concrete subject to specific
inspection.
tD. When high - early- strength portland cement is permitted, the same
strength requirements shall apply except that the indicated strengths
' shall be attained at seven (7) days instead of twenty -eight (28) days.
E. If, during the progress of the work, it is impossible to secure concrete
of the required workability and strength with the materials being
furnished, the Engineer may order such changes in proportions or
materials, or both, as may be necessary to secure the desired
properties. All changes so ordered shall be made at the Contractor's
expense.
' F. If, during the progress of the work, the Contractor desires to use
materials other than those originally approved, or if the materials from
the sources originally approved change in characteristics, the
Contractor shall, at his own expense, have made new acceptance
tests of aggregates and establishment of new basic mixtures and
submit them to the Engineer for approval.
G. Consistency of the concrete as measured by the ASTM Designation
1 C143 shall be as shown in Table B.
1 07/03 03300 -3 03- 3148.A
Comp. Str.
Water Content
Cement Factor
psi at 28 days
gals /100 Ibs*
100 lbs /cu yd
2500
7.4
4.3
3000
7.0
4.8
3500
6.4
5.64
4000
5.85
5.64
*Maximum; decrease if possible.
This represents total water in mix at
time of mixing, including
free water on
aggregates, and water in
admixture solution.
* *Minimum; increase as necessary to meet other requirements. These
cement factors apply to "controlled" concrete subject to specific
inspection.
tD. When high - early- strength portland cement is permitted, the same
strength requirements shall apply except that the indicated strengths
' shall be attained at seven (7) days instead of twenty -eight (28) days.
E. If, during the progress of the work, it is impossible to secure concrete
of the required workability and strength with the materials being
furnished, the Engineer may order such changes in proportions or
materials, or both, as may be necessary to secure the desired
properties. All changes so ordered shall be made at the Contractor's
expense.
' F. If, during the progress of the work, the Contractor desires to use
materials other than those originally approved, or if the materials from
the sources originally approved change in characteristics, the
Contractor shall, at his own expense, have made new acceptance
tests of aggregates and establishment of new basic mixtures and
submit them to the Engineer for approval.
G. Consistency of the concrete as measured by the ASTM Designation
1 C143 shall be as shown in Table B.
1 07/03 03300 -3 03- 3148.A
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.
I. 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
r
e
Nominal Maximum Size
of Coarse Aggregate(in)
2"
ill
3/4"
1.07 ACCEPTANCE TESTS
Total Air Measured at
Discharae from truck (%
2.5 - 5.5
6.5
4.0-8.0
A. Conformity of aggregates to these Specification, and the actual
proportions of cement, aggregates, and water necessary to produce
concrete conforming to the requirements set forth in Table A, shall be
07/03 03300 -4 03- 3148.A
TABLE B
Slump
(inches)
Portion of Structure
Max.*
Min.
Pavement and slabs on ground
Plain footings, gravity walls,
3
2
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.
I. 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
r
e
Nominal Maximum Size
of Coarse Aggregate(in)
2"
ill
3/4"
1.07 ACCEPTANCE TESTS
Total Air Measured at
Discharae from truck (%
2.5 - 5.5
6.5
4.0-8.0
A. Conformity of aggregates to these Specification, and the actual
proportions of cement, aggregates, and water necessary to produce
concrete conforming to the requirements set forth in Table A, shall be
07/03 03300 -4 03- 3148.A
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a
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 Min. Lab.
Strength
Strength 7 Days*
28 Days**
3000 2500
3500
3500 3000
4100
4000 3500
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.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Materials shall conform to these Specifications and any state or local
specification requirements.
B. Cement for all cast in place concrete shall be a domestic portland
cement (ASTM C -150, Type II) or high early strength portland cement
07/03 03300 -5 03- 3148.A
t(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.
3. The following designated sizes* of aggregate shall be the
maximum employed in concrete:
1 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 inches 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.
07/03 03300 -6 03- 3148.A
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
1
No. 4
95 -100%
16
60 -75
50
13 -30
100
3-8
Fineness Modulus
2.4 -2.6
Organics
Organic Plate 2, per ASTM
C -40
Silt
2.0% maximum
Mortar Strength
95% minimum as per ASTM
C87, Section 10
Soundness
8% maximum loss, using
'
magnesium sulfate,
subjected to 5 cycles
2. Coarse aggregate shall
consist of well - graded crushed rock or
washing gravel conforming to the requirements of ASTM
'
Specification C -33 and the following detailed requirements:
Organics
Organic Plate 1, per ASTM
C -40
Silt
1.0% maximum
Soundness
8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
3. The following designated sizes* of aggregate shall be the
maximum employed in concrete:
1 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 inches 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.
07/03 03300 -6 03- 3148.A
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.
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.
1 07/03 03300 -7 03- 3148.A
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.
1 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
1 immediately after charging the truck, followed by agitation without
interruption until discharged.
1 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
F�
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.
3.03 FIELD TESTS
1 07/03
A. Sets of four field control cylinder specimens will be taken at random
by the Engineer during the progress of the work, in conformity with
ASTM Designation C31; the total number of specimens taken on the
project may average one set per 150 cu yds, and in general not less
than one set of specimens will be taken on any one day when
concrete is being placed. When average ultimate 28 -day strength of
control cylinders in any set falls below the required ultimate strength
03300 -8 03- 3148.A
1
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,
1 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 Contractor.
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.
I�
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C. The Contractor 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
representative at time of
Designation C231.
3.05 CONCRETE APPEARANCE
1 07/03
measured by the testing laboratory or his
concrete deposit in accordance with ASTM
A. Concrete for every part of the work shall be homogeneous structure
which, when hardened, will have the required strength, durability and
appearance.
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.
03300 -9 03- 3148.A
1 3.06 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.
1 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
rextremities 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.
' 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.
07/03 03300 -10 03- 3148.A
I. Form ties encased in concrete shall be designed so that after removal
1 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
1
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
1
saturated with water. After glistening water disappears, the joints
shall be given a thorough coating of neat cement slurry mixed to the
consistency of very heavy paste. The surfaces shall receive a coating
at least 1/8-inch thick, well scrubbed -in by means of stiff bristle
brushes whenever possible. New concrete shall be deposited before
the neat cement dries.
F.
Deposit concrete to maintain, until the completion of the unit, a
horizontal plastic surface. Vertical lifts shall not exceed 24- inches and
preferably 18- inches.
G.
Chutes for conveying concrete shall be of U- shaped designed and
sized to insure a continuous flow of concrete. Flat (coal) chutes shall
07/03
03300 -11 03- 3148.A
rnot be employed. Chutes shall be metal or metal -lined and each
section shall have approximately the same slope. The slope shall not
be less than 25 nor more than 45 degrees from the horizontal and
shall be such as to prevent the segregation of the ingredients. The
discharge end of the chute shall be provided with a baffle plate or
spout to prevent segregation. If the discharge end of the chute is
more than 5 feet above the surface of the concrete in the forms, a
spout shall be used, and the lower end maintained as near the surface
of deposit as practicable. When the operation is intermittent, the
chute shall discharge into a hopper. Chutes shall be thoroughly
cleaned before and after each run, and the debris and any water shall
be discharged outside the forms. Concrete shall not be allowed to
flow horizontally over distances exceeding 5 feet.
H. In thin sections of considerable height, concrete shall be placed using
suitable hoppers, spouts with restricted outlets, or otherwise, as
required or approved.
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. 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.
3.08 CURING AND PROTECTION
A. Protect all concrete work against injury from the elements and
defacements of any nature during construction operations. Special
07/03 03300 -12 03- 3148.A
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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.
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
07/03 03300 -13 03- 3148.A
not before reaching the following number of day- degrees (whichever is
the longer):
Forms for
1 Beams and slabs
Walls and vertical surfaces (non -
water retaining)
1 Walls and vertical surfaces (water
retaining)
*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.
f'
L
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Day - Degree*
500
100
150
B. Shores shall not be removed until the concrete has attained at least
60% of the specified strength and also sufficient strength to support
safely its own weight and the construction live loads upon it, but
concrete shall be minimum age of 14 days before such removal.
3.10 FAILURE TO MEET REQUIREMENTS
A. Should the strengths shown by the test specimens made and tested in
accordance with the above provision fall below the values given in
Table A, the Engineer shall have the right to require changes in
proportions as outlined above to apply to the remainder of the work.
Furthermore, the Engineer shall have the right to require additional
curing on those portions of the structure represented by the test
specimens which failed, the cost of such additional curing to be at the
Contractor's expense. In the event that such additional curing does
not give the strength required, as evidenced by core and /or load tests,
the Engineer shall have the right to require strengthening or
replacement of those portions of the structure which fail to develop
the required strength. The cost of all such core borings and /or load
tests and any strengthening or concrete replacement required because
strengths of test specimens are below that specified, shall be entirely
at the expense of the Contractor. In such cases of failure to meet
strength requirements the Contractor and Engineer shall confer to
determine the adjustment, if any, can be made in conformity with
Sections 16 and 17 of ASTM Specification C94 for Ready -Mixed
Concrete.
B. When the tests on control specimens of concrete fall below the
required strength, the Engineer will permit check tests for structure in
accordance with ASTM Methods C42 and C39. In case of failure of
the latter, the Engineer, in addition to other recourses, may require, at
07/03 03300 -14 03- 3148.A
the Contractor's expense, load tests on any one of the slabs, beams,
and columns in which such concrete was used. Test need not be
1 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
1 considered satisfactory if deflection "D" in feet, at end of 24 -hour
period does not exceed value:
D equals 0.001 (L x L) /t
in which "L" is span in feet, "t" is depth of slab or beam in inches.
D. If deflection exceeds "D" in the above formula, the concrete shall be
considered faulty unless within 24 hours after removal of the load,
slab or beam under test recovers at least 75% of observed deflection.
E. Should the strength of test cylinders fall below 60% of the required
minimum 28 -day strength, the concrete shall be rejected and shall be
removed and replaced.
3.11 PATCHING AND REPAIRS
' A. It is the intent of these Specifications to require that forms, mixture of
concrete and workmanship shall be such that concrete surfaces, when
exposed, will require minimal finishing as specified in Paragraph 3.05
above.
B. As soon as the forms have been stripped and the concrete surfaces
texposed, fins and other projections shall be removed, recesses left by
the removal of form ties (except where ties are left in place during
' sandblasting) shall be filled and surface defects which do not impair
structural strength shall be repaired. Clean all exposed concrete
surfaces and adjoining work stained by leakage of concrete, to
' approval of the Engineer.
C. Immediately after removal of forms remove plugs and break off metal
' ties as required by Paragraph 3.06. Holes are then to be promptly
filled upon stripping as follows: Moisten the hole with water, followed
by a 1/16 inch brush coat of neat cement slurry mixed to the
consistency of a heavy paste. Immediately plug the holes with 1 1.5
mixture of cement and concrete sand mixer slightly damp to the tough
(just short of "balling "). Hammer the grout into the hole until dense,
and an excess of paste appears on the surface in the form of a spider
web. Trowel smooth with heavy pressure. Avoid burnishing.
07/03 03300 -15 03- 3148.A
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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
1
matter.
E. Defective concrete and honeycombed areas shall be chipped
1
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 1 1/2 inch
layers on successive days, each layer being applied (with slurry, etc.)
as described above. To aid strength and bonding of the multiple layer
'
repairs, the Engineer may order the use of Embeco non - shrink, metallic
aggregate by the Master Builders Company, Cleveland, OH or Ironite
by Fox Industries, Madison IL as an additive as follows:
Material Volumes Weights
Cement 1.0 1.0
'
Embeco 0.15 0.25
Sand 1.5 1.5
'
F. For very heavy (generally formed) patches; the Engineer may order the
addition of pea gravel to the mixture and the proportions modified as
follows:
Material Volumes Weights
Cement 1.0 1.0
Embeco 0.2 0.33
' Sand 1.0 1.0
Pea Gravel 1.5 1.5
' G. In cases where the Embeco is employed in multiple patches and a
rusty finish is not desired on the surface, such as exposed faces of
walls, etc., the final layer (or at least the final 1/2 inch) shall be
' composed of the 1 1.5 grout without Embeco. After hardening, rub
lightly as described above for form tie holes.
' 07/03 03300 -16 03- 3148.A
1 3.12 INSTALLATION SCHEDULE
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A. Concrete for all structures shall have minimum compressive strength
at 28 days of 4000 psi unless otherwise indicated on the drawings.
3.13 FIELD CONTROL
A. The Contractor shall advise the Engineer of his readiness to proceed at
least one working day prior to each concrete placement. The Engineer
will inspect the preparations for concreting including the preparation of
previously placed concrete, the reinforcing and the alignment and
tightness of formwork. No placement shall be made without the prior
approval of the Engineer.
B. The Engineer may have cores taken from any questionable area in the
concrete work such as construction joints and other locations as
required for determination of concrete quality. The results of tests on
such cores shall be the basis for acceptance, rejection or determining
the continuation of concrete work.
C. The Contractor shall cooperate in obtaining cores by allowing free
access to the work and permitting the use of ladders, scaffolding and
such incidental equipment as may be required. The Contractor shall
repair all core holes to the satisfaction of the Engineer. The work of
cutting and testing the cores will be at the expense of the Owner if
cores test satisfactorily and will be at the expense of the Contractor if
cores test unsatisfactorily.
END OF SECTION
1 07/03 03300 -17 03- 3148.A
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PART 1 -GENERAL
1.01 SCOPE OF WORK
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SECTION 16050
ELECTRICAL
A. Furnish all labor, materials, equipment and incidentals required for a complete
electrical system for the City of sunny Isles Entry Features for the City of
Sunny Isles, Florida, (typical of 3) as hereinafter specified and shown on the
Drawings.
B. The work, apparatus and materials which shall be furnished under these
Specifications and accompanying Drawings shall include all items listed
hereinafter and /or shown on the Drawings. Certain equipment which will
require wiring thereto and /or complete installation is indicated. All materials
necessary for the complete installation shall be furnished and installed by the
CONTRACTOR to provide complete power, lighting, wiring and control
systems as indicated on the Drawings and /or as specified herein.
C. The CONTRACTOR shall furnish and install the necessary cables, protective
devices, conductors, supports, raceways, exterior electrical system, etc., to
serve lighting loads and miscellaneous electrical loads as indicated on the
Drawings and /or as specified.
D. The work shall include complete testing of all equipment and wiring at the
completion of the work and making any minor connection changes or
adjustments necessary for the proper functioning of the system and
equipment. All workmanship shall be of the highest quality; sub - standard
work will be rejected.
E. Each bidder or his authorized representatives shall, before preparing his
proposal, visit all areas of the existing buildings and structures in which work
under this Section is to be performed and inspect carefully the present
installation. The submission of the proposal by this bidder shall be considered
evidence that he or his representative has visited the buildings and noted the
locations and conditions under which the work will be performed and that he
takes full responsibility for a complete knowledge of all factors governing his
work.
F. All power interruptions to existing equipment shall be at the CITY's
convenience. Each interruption shall have prior approval.
16050 -1 03- 4138.A
F1
G. It is the intent of these Specifications that the electrical system shall be
suitable in every way for the service required. All material and all work which
may be reasonably implied as being incidental to the work of this Section shall
be furnished at no extra cost.
H. Furnish and install a complete underground system as herein specified and
shown on the drawings.
1.02 SERVICE AND METERING
A. Permanent electrical power will be provided by Florida Power & Light Company
at voltages indicated on the drawings. The CONTRACTOR shall furnish and
install two new metered services as per Florida Power & Light Company
direction.
B. The CONTRACTOR shall furnish and install the service riser, secondary conduit
and wire from the service point to the service entrance equipment. The
CONTRACTOR is responsible for confirming this distance with the power
company prior to bid time. The power company contact is Mr. Ellis Clenton,
phone (305) 770 -7934.
1.03 CODES, INSPECTION AND FEES
A. All material and installation shall be in accordance with the latest edition of the
National Electrical Code and all applicable national, local and state codes, laws
and ordinances.
B. Pay all fees required for permits and inspections including any charges
associated with the service modifications.
1.04 TESTS
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A. Test all systems and repair or replace all defective work. Make all necessary
adjustments to the systems and instruct CITY's personnel in the proper
operation of the systems.
B. The following minimum tests and checks shall be made prior to the energizing
of electrical equipment. Test shall be by the CONTRACTOR and a certified
test report shall be submitted providing all test results and stating that the
equipment meets and operates in accordance with the Manufacturer's and job
specifications, and that equipment and installation conforms to all applicable
Standards and Specifications:
1 . Testing of protective relays for calibration and proper operation.
16050 -2
03- 4138.A
07/03 16050 -3 03- 4138.A
2. Test all 600 volt wire insulation with a megohm meter after installation.
Make tests at not less than 1000 volts. Submit a written test report of
the results to the engineer.
3. Mechanical inspection of all circuit breakers to assure proper operation.
C.
The Engineer shall be notified forty -eight (48) hours before tests are made to
enable the City to have designated personnel present.
'
1.05 JACK
AND BORE
A.
See specification section 16200.
'
1.06 INTERPRETATION OF DRAWINGS
'
A.
The Drawings are not intended to show exact locations of conduit runs.
B.
All three -phase circuits shall be run in separate conduits unless otherwise
'
shown on the Drawings.
C.
Unless otherwise approved by the Engineer, conduit shown exposed shall be
installed exposed; conduit shown concealed shall be installed concealed.
D.
Where circuits are shown as "home- runs," all necessary fittings and boxes
shall be for a complete raceway installation.
provided
E.
The CONTRACTOR shall harmonize the work of the different trades so that
'
interferences between conduits, piping, equipment, architectural and structural
work will be avoided. All necessary offsets shall be furnished so as to take up
a minimum space and all such offsets, fittings, etc., required to accomplish
this shall be furnished and installed by the CONTRACTOR without additional
expense to the CITY. In case interference develops, the Owner's authorized
'
representative is to decide which equipment, piping, etc., must be relocated,
regardless of which was installed first.
F.
Verify with the Engineer the exact locations and mounting heights of lighting
fixtures, switches and receptacles prior to installation.
'
G.
The locations of equipment, fixtures, outlets, and similar devices shown on the
Drawings are approximate only. Exact locations shall be as approved by the
Engineer during construction. Obtain in the field all information relevant to the
'
placing of electrical work and in case of any interference with other work,
proceed as directed by the Engineer and furnish all labor and materials
1
necessary to complete the work in an approved manner.
07/03 16050 -3 03- 4138.A
1
H. Circuit layouts shown are not intended to show the number of fittings, or other
installation details. Furnish all labor and materials necessary to install and
place in satisfactory operation all power, lighting, and other electrical systems
shown. Additional circuits shall be installed wherever needed to conform to
the specific requirements of the equipment.
J
I.
The ratings of electrically operated devices together with the size shown for
their branch of circuit conductors and conduits are approximate only and are
'
indicative of the probable power requirements insofar as they can be
determined in advance of the purchase of equipment.
'
J.
All connections to equipment shall be made as shown, specified and directed
and in accordance with the approved shop drawings, regardless of the number
of conductors shown on the Electrical Drawings.
1.07 RECORD
DRAWINGS
'
A.
As the work progresses, legibly record all field changes on a set of project
Contract Drawings. When the project is complete, furnish a complete set of
reproducible "As- built" drawings for the Project Record Documents.
1.08 SHOP DRAWINGS
A.
As specified under other Sections, shop drawings shall be submitted for
approval for all materials, equipment, apparatus, and other items as required by
'
the Engineer.
B.
Shop drawings shall be submitted for the following equipment:
1 . Disconnect switch
2. Lighting contactor
'
3. Panelboards
4. Wire & cable
'
5. Pull Boxes
6. Landscape light fixture
7. Jack and bore casings as per specification section 16200
C.
The Manufacturer's name and product designation and catalog cutsheets shall
be submitted for the following material:
1
1. Conduit
2. Boxes and fittings
1
3. Control relays
4. Precast Concrete Pull Boxes
1
07/03
16050 -4 03- 4138.A
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D. Prior to submittal by the CONTRACTOR, all shop drawings shall be checked
for accuracy and contract requirements. Shop drawings shall bear the date
checked and shall be accompanied by a statement that the shop drawings
have been examined for conformity to Specifications and Drawings. This
statement shall also list all discrepancies with the Specifications and Drawings.
Shop drawings not so checked and noted shall be returned.
E. The Engineer's check shall be only for conformance with the design concept of
the project and compliance with the Specifications and Drawings. The
responsibility of, or the necessity of, furnishing materials and workmanship
required by the Specifications and Drawings which may not be indicated on
the shop drawings is included under the work of this Section.
F. The responsibility for all dimensions to be confirmed and correlated at the job
site and for coordination of this work with the work of all other trades is also
included under the work of this Section.
G. No material shall be ordered or shop work started until the Engineer's approval
of shop drawings has been given.
1.09 WARRANTY
A. Provide a warranty for all the electrical equipment in accordance with the
requirements of other Sections. Under no circumstances shall the warranty be
for less than one year starting from substantial completion.
PART 2 - PRODUCTS
2.01 GENERAL
A. The materials used in all systems shall be new, unused and as hereinafter
specified. All materials where not specified shall be of the very best of their
respective kinds. Samples of materials or Manufacturer's specifications shall
be submitted for approval as required by the Engineer.
B. Materials and equipment used shall be Underwriters Laboratories, Inc. listed
and conform with applicable standards of NEMA and ANSI.
C. Electrical equipment shall, at all times during construction, be adequately
protected against mechanical injury or damage by water. Electrical equipment
shall not be stored out -of- doors. Electrical equipment shall be stored in dry
permanent shelters. If any apparatus has been damaged, such damage shall
be repaired by the CONTRACTOR at his expense. If any apparatus has been
subject to possible injury by water, it shall be thoroughly dried out and put
through such special tests as directed by the Engineer, at the cost and
07/03 16050 -5 03- 4138.A
expense of the CONTRACTOR, or shall be replaced by the CONTRACTOR at
his own expense.
' D. All electrical panels, enclosures, raceways, conduits, wireways, boxes,
cabinets, etc., shall be fabricated of metal. Nonmetallic substitutes are not
acceptable. This does not apply to buried work.
2.02 RACEWAYS AND FITTINGS
' A. All conduit shall be Schedule 40 PVC. Burial depth as shown on the drawings.
2.03 CONDUCTORS
A. Conductors shall be copper. Power circuits shall have 600 volt PVC insulation
' (Underwriters' approved Type THWN). Conductors shall be color coded in
accordance with the NEC.
2.04 PANELBOARDS
A. Rating
1. Panelboard p
ratings shall be as shown on the Drawings. All anelboards
9 9
shall be rated for the intended voltage.
B. Standards
' 1 . Panelboards shall be in accordance with the Underwriter Laboratories,
Inc. "Standard for Panelboards" and "Standard for Cabinets and Boxes"
and shall be so labeled where procedures exist. Panelboards shall also
comply with NEMA Standard for Panelboards and the NEC.
' C. Construction (NEMA 4XSS)
1 . All interiors shall be completely factor assembled with circuit breakers,
iwire connectors, etc. All wire connectors, except screw terminals, shall
be of the anti -turn solderless type and all shall be suitable for copper or
' aluminum wire of the sizes indicated.
2. Interiors shall be so designed that circuit breakers can be replaced
' without disturbing adjacent units and without removing the main bus
connectors and shall be so designed that circuits may be changed
without machining, drilling or tapping.
07/03 16050 -6 03- 4138.A
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1 1 . The trims shall be fabricated from code gauge sheet steel.
12. All exterior and interior surfaces of the panelboard shall be stainless
steel.
13. All panelboards shall be NEMA 4X stainless steel.
D. Manufacturer
1 . 120/240V, single phase, 3 -wire panelboard shall be manufactured by
Square D, or approved equal.
07/03 16050 -7 03- 4138.A
3.
Branch circuits shall be arranged using double row construction except
when narrow column panels are indicated. Branch circuits shall be
numbered by the manufacturer.
4.
A nameplate shall be provided listing panel type, number of circuit
breakers and ratings.
5.
Bus bars for the mains shall be of copper. Full size neutral bars shall be
included. Bus bar taps for panels with single pole branches shall be
arranged for sequence phasing of the branch circuit devices. Bussing
shall be braced throughout to conform to industry standard practice
governing short circuit stresses in panel boards. Phase bussing shall be
full height without reduction. Cross connectors shall be copper.
'
6.
Neutral bussing shall have a suitable lug for each outgoing feeder
requiring a neutral connection.
7.
Spaces for future circuit breakers shall be bussed for the maximum
device that can be fitted into them.
'
8.
All conduit entrances shall be field punched.
'
9.
Hinged doors covering all circuit breaker handles shall be included in all
trims.
panel
10.
Doors shall have semi -flush type cylinder lock and catch, except that
doors over 48- inches in height shall have a vault handle and 3 -point
catch, complete with lock. All locks shall be keyed alike; directory
frame and card having a transparent cover shall be furnished on each
door.
1 1 . The trims shall be fabricated from code gauge sheet steel.
12. All exterior and interior surfaces of the panelboard shall be stainless
steel.
13. All panelboards shall be NEMA 4X stainless steel.
D. Manufacturer
1 . 120/240V, single phase, 3 -wire panelboard shall be manufactured by
Square D, or approved equal.
07/03 16050 -7 03- 4138.A
' E. Installation
1. Unless otherwise noted on the Drawings, top of cabinets shall not
exceed 60 inches above grade, properly aligned and adequately
supported independently of the connecting raceways.
2. All wiring in panelboards shall be neatly formed, grouped, laced, and
identified to provide a neat and orderly appearance. A typewritten
directory card identifying all circuits shall be placed in the card holder
inside the front cover.
1 2.05 UNDERGROUND SYSTEM
A. Materials
1. Ducts shall be polyvinyl chloride (PVC Schedule 40) installed on clean
fine sand. No rocks or debris shall be allowed as trench fill.
' 2. Cable racks, supports, pulling -in irons, and hardware shall be galvanized
steel manufactured by Cope or approved equal, or provided as required.
3. Precast pullboxes shall be heavy duty t YP e, designed for a Class H2O
wheel load. Precast pullboxes shall be as manufactured by Brooks
Products Co., or approved equal.
� 0,03
4. Handhole covers and frames shall be traffic rated, H2O class, provided
as required and grounded to the system ground.
B. Ducts shall be installed to drain away from panels; ducts between pullboxes
shall drain toward the pullbox. Duct slopes shall not be less than 3 inches per
100 feet.
C. Duct lines shall be laid in trenches on a clean backfill bedding.
D. The minimum cover for duct lines shall be as specified.
E. PVC duct terminations at pullboxes shall be with PVC and bells.
F. Where bends in ducts are required, long radius elbows, sweeps and offsets
shall be used.
G. All ducts shall be rodded and a mandrel drawn through followed by a swab to
lean out any obstructions which may cause cable abrasions. The mandrel
shall be 12 inches in length and the diameter %Z- inchless than the inside
diameter of the duct.
16050 -8
03- 4138.A
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H. Spare ducts shall be plugged and sealed watertight at all pullboxes.
I. Ducts in use shall be sealed watertight at all pullboxes. Sealant shall be foam
type.
J. All joints shall be made so as to prevent the passage of concrete inside the
conduit to form obstructions or cause cable abrasions.
K. Pullbox covers in all areas shall finish 3- inches above crown of adjacent round
elevation.
L. A 5/8 -inch by 10 -foot copperclad ground rod shall be driven in the bottom of
each pullbox. All bond wires and pullbox cover shall be bonded to the ground
rod.
PART 3 - EXECUTION
3.01 CONDUIT INSTALLATION
A. Where conduits enter or leave all outlet boxes, cabinets safety switches, tap
boxes, motor controllers, etc., other than those having threaded hubs, a
standard lock nut shall be used on the outside of the box. Busings 1 -inch and
larger shall be of an approved insulated type.
B. During construction, all installed raceways shall be temporarily plugged or
otherwise protected from the entrance of moisture, dirt, trash, plaster,
moisture, etc., through neglect of the CONTRACTOR to so protect them, shall
be replaced by the CONTRACTOR without additional expense to the Owner.
No kinked, clogged or deformed raceways will be permitted on the job.
Raceways shall be cut to proper length so that ends will fit accurately in the
outlets. Where raceways cross building expansion joints, a suitable raceway
expansion fitting shall be used.
C. Size of raceway shall not be less than NEC requirements, but in no case shall
be less than indicated on the Drawings. Combining of circuits, other than
detailed, will not be permitted. The CONTRACTOR shall install larger size
raceways than detailed where there is excessive length of unbroken run or
excessive number of bends.
D. Bends in metallic raceways shall be made while "cold" and in no case shall the
raceways be heated. Raceways shall not be bent through more than 900. The
radius of bends shall not be less than six (6) times the internal diameter of the
raceway. Not more than four (4) (equivalent 900) bends will be permitted
between outlets, the bends at the outlets being counted.
07/03 16050 -9 03- 4138.A
E. Raceways shall be properly aligned, grouped and supported. Exposed
raceways shall be installed at the right angles to or parallel to the principal
1 structural members. Concealed raceways, unless otherwise indicated, may
take the most direct route between outlets. Raceways shall be firmly held in
place. Raceways shall run to avoid trapping wherever possible. Where areas
are indicated for future openings, foundations, etc., all raceways shall be run
around such areas. The CONTRACTOR shall provide necessary inserts in
poured concrete areas and shall furnish and install all necessary sleeves
through walls, floors and roofs for passage of raceways. Sleeves through
roofs and /or exterior walls shall be properly sealed by the CONTRACTOR
against entrance of moisture, etc., into the building. Where necessary repairs
to the building structure using material in no way inferior to that originally
installed and using labor skilled in the trades involved.
3.02 BOXES
' A. Install all outlet boxes, tap, junction or pull boxes, device boxes, etc.,
necessary for the complete installation as indicated on the Drawing and /or
specified herein. All raceways entering boxes shall be mechanically and
electrically secure. Open knockouts or holes in boxes shall be plugged with
suitable blanking devices. Boxes shall be cleared of all plaster, dirt, trash, etc.,
before the installation of any wiring devices and /or before the installation of
cover plates.
' B. All pull boxes shall be precast concrete with traffic rated covers. Boxes shall
be sized as per the NEC. Precast boxes shall be manufactured by Brooks
Products Co., or approved equal.
3.03 TERMINATIONS & SPLICES
A. Splices, taps and attachments of fittings and lugs shall be electrically and
mechanically secure. Approved solderless lugs and connectors shall be used
for all conductors with 2 -bolt type being used for sized No. 4/0 and larger.
There shall be plenty of slack cable in boxes, outlets and cabinets to insure
that there is no binding at the bushings. All lugs shall be of the correct sizes
for the conductor in order to fit the conductor into a lug.
B. All wires shall be numbered indicating circuit number. Numbers shall be crimp
type and installed on wire after wires enter pull box.
C. Power Conductors: Terminations shall be die type or set screw type pressure
connectors as specified. Splices (where allowed) shall be die type
compression connector and waterproof with heat shrink boot or epoxy filling.
07103 16050 -10 03- 4138.A
P,
D. Except where otherwise approved by the Engineer no splices will be allowed in
manholes, hndholes or other below grade located boxes.
3.04 GROUNDING
A. The entire electrical system shall be completely and effectively grounded as
I� required by the NEC and as specified hereinafter.
B. All metallic raceways shall be mechanically and electrically secure at all joints
I� and at all boxes, cabinets, fittings and equipment. Metallic raceways entering
the motor control center control panels or other electrical boxes shall be
grounded to the appropriate ground bus. All metallic raceways shall be
electrically continuous throughout the entire conduit system. Bond wires shall
be used in exterior concrete pull boxes.
C. The ground plane shall consist of a minimum of 2 -5/8" x 10' copper ground
rods spaced at least 10' apart. Rods and system ground shall be connected
with a #6 copper ground to the service entrance ground. The ground
resistance shall be tested and additional rods or plates added to achieve a dry
season resistance not exceeding 5 ohms.
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3.05 CONDUCTOR COLOR CODING
I�
A. All conductors shall be color coded as specified hereinafter. Color coding shall
be by means of colored insulation material, colored braid or jacket over the
insulation, or by means of suitable colored permanent, non -aging insulation
tape equal to Scotch #471 or "Texcel 98" applied to conductors at each
outlet, cabinet or junction point.
I��
be to:
B. The following system of color coding shall strictly adhered
1 . Ground leads, green.
2. Grounded neutral leads, white.
3. Ungrounded phase wires of a 120/208 volt, 3- phase, 4 -wire system,
black, red and blue.
4. All control leads, other than line connected "hot" leads, shall be yellow,
orange and brown and /or I.P.C.E.A. standard control cable coding
provided method of identification is different from method used on
power conductors.
'
C. The color coding assigned to each phase wire shall be consistently followed
throughout the Work.
END OF SECTION
07/03 16050-11
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SECTION 16200
JACK AND BORE
PART 1 -GENERAL
1.01 SCOPE OF WORK
A. Work included in this section consists of furnishing all equipment,
materials and labor required for the installation of complete jack and bore
casings, and all appurtenances as specified on the drawings and
specifications for the Florida Department of Transportation.
11 1.02 GOVERNMENTAL AGENCIES
A. All work shall conform to the applicable standards of the Florida
Department of Transportation.
1.03 SUBMITTALS
is A. The Contractor shall submit shop drawings of all casings, pipe, pipe
fittings to be used for construction of jacking and boring.
1!
1.04 MEASUREMENT AND PAYMENT
iiA. Measurement and payment will be based upon work completed and
accepted in accordance with the plans and specifications. No separate
payment will be made for excavation, trenching, backfilling, leakage tests
or other incidental items of work not authorized by the Engineer, in
writing, as extra work.
1.05 GUARANTEE
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A. The Contractor shall guarantee all materials and equipment furnished and
installed, and all work performed for a period of one (1) year from the
date of substantial completion. The guarantee shall stipulate that the
completed system is free from all defects due to faulty materials or
workmanship and the Contractor shall promptly make such corrections as
may be necessary by reason of such defects including the repairs of any
damage to other parts of the system resulting from such defects.
16200 -1 03- 1438.A
1 .06 MANUFACTURERS RECOMMENDATIONS
A. Where installation procedures or any part thereof are required to be in
conformance with the recommendations of the manufacturer of the
material being installed, printed copies of these recommendations shall be
furnished to the Engineer prior to the installation.
PART 2 - PRODUCTS
2.01 MATERIALS
1 07/03
A. The steel casing pipe shall conform to ASTM A -139 Grade B, Latest
Revision. Casing specifications shall conform to the Florida Department
of Transportation:
1. Florida Department of Transportation - Encasement material to
include uncased carrier pipe. Composition and Strength -All
casings shall conform to the appropriate strength and composition
requirements set forth in the main body of the utility
accommodation Guide and to the following additional
requirements.
a) Must be chemically compatible with any material it is to
transport or otherwise contact.
b) Unless otherwise tested and approved by the Department
prior to beginning work, all encasement pipes or uncased
carrier pipes shall be new and of round, smooth wall,
leakproof construction. Used pipe in good condition may be
used if approved by the local Maintenance Engineer prior to
beginning work.
c) The use of casings (not encased carriers) with wrapped
protective coverings will not be allowed.
d) All steel casings shall conform to the following minimum
thickness requirements:
16200 -2
03- 1438.A
Nominal Minimum Wall
Outside Thickness -
Diameter - inches
inches
0.113=
1-
0.133-
1 3-
0.140-
1 2-
0.145-
2-
0.154-
4-
0.188-
6-
0.188-
8-
0.188-
10-
0.188-
12-
0.188=
24-
0.250-
30-
0.312=
36-
0.375-
42- and greater
0.500-
2. CONTRACTOR shall size steel casing as per the quantity and size of
conduits shown on the contract drawings.
2.02 CARRIER PIPE AND FITTINGS
A. The carrier pipe shall be ductile iron restrained joint pipe class 50 for four
(4) and six (6) inch diameter and class 52 for diameters eight inches and
larger.
B. Fittings for pressure carrier pipe shall be installed with restrained joint
collars such as meg -a -lug by EBBA Iron Company, Inc. or approved equal.
2.03 CASING SPACERS
A. Casing spacers shall be stainless steel with polymer runners.
07/03 16200 -3 03- 1438.A
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PART 3 - EQUIPMENT
3.01 GENERAL
A. In keeping with the overall objective of this guide, this section is intended
to set forth guidelines in the area of equipment solely to prevent
unnecessary stoppages and subsequent damage to the roadway.
B. All equipment used in the execution of work covered under the utility
permit shall have the built -in capacity, stability and necessary safety
features required to fully comply with the specifications and requirements
of this guide without showing evidence of undue stress or failure.
C. It shall be the responsibility of the permittee to assure that the equipment
to be used in the crossing operation is in sound operating condition.
Backup equipment may be required where job site conditions indicate that
severe damage to the roadway or a hazardous condition may result in the
event of an equipment breakdown and where the condition of the
equipment to be used indicates that routine component replacement or
repair will likely be necessary during the crossing.
1. Auger Power Units - Power units providing rotational force to the
cutting head and /or the auger used to remove spoil material as the
bore progresses, may also provide power for jacks used to push
the casing. Power units shall be in proper operating condition and
shall have sufficient power to satisfactorily complete the proposed
crossing according to the manufacturers recommendations.
2. Augers - Screw -type steel drive tubes or shafts with one male end
and one female end for coupling and welded steel flighting
(threads).
a) Auger shafts shall be straight and otherwise undamaged.
b) Flighting shall be undamaged and securely welded to the
body of the auger shaft and be continuous with no gaps
from end to end of each auger section.
3. Cutting Heads - Boring attachment fastened to leading end of first
auger section equipped with special teeth, bits, blades, chippers or
cutters used to cut or chip away rock or hard soils in advance of
auger.
07/03 16200 -4 03- 1438.A
a) Cutting heads shall be undamaged and have no missing or
broken teeth or bits.
b) Pinned or hinged wing cutters must be constructed in such
a manner as to ensure overboring does not exceed limits
specified in Section 5.E (3) of this exhibit.
4. Auger Tracks - Supports boring machine and provides line and
grade control.
a) Tracks shall be straight and otherwise undamaged with no
broken welds.
b) Tracks shall be constructed so as to remain rigid at joints
and allow no appreciable flexing as power unit passes.
5. Jacks - Hydraulic, mechanical or manual power units providing
horizontal thrust for pushing casing or carrier pipe. Shall have
sufficient power to satisfactorily complete the proposed crossing
according to the manufacturers recommendations.
a) Hydraulic - Shall be in sound operating condition. Hoses
shall not be cracked or split; all couplings and fittings shall
tbe tight and entire system reasonably free from leaks.
Hydraulic cylinder rods should be clean and smooth to
prevent damage to cylinder seals.
b) Mechanical - Includes manual and power drivers, ratchet
type jacks, winch and pulley systems. All mechanical
jacking systems shall be in sound operating condition with
no broken welds, excessively worn parts, broken teeth,
badly bent or otherwise misaligned components. All ropes,
cables, clamps and other non - mechanical but essential items
shall be in sound condition.
c) Other- Devices of systems for providing horizontal thrust
other than those previously defined in the preceding
sections shall not be used unless approved for use by the
Department prior to commencement of work. Consideration
for approval will be made on an individual basis for each
properly permitted crossing. The proposed device or
system will be evaluated prior to approval or rejection on its
potential ability to complete the crossing satisfactorily
07/03 16200 -5 03- 1438.A
without undue stoppage and to maintain line and grade
within the tolerances prescribed by the particular conditions
of the job.
Jetting or water sluicing methods, jetting with compressed
air, or boring or tunneling devices with vibrating type heads
that do not provide positive control of line and grade shall
not be allowed.
6. Anchors and Braces - Jacking base or deadman used to provide a
rigid base from which the horizontal thrusting from the jacking unit
is transferred to the casing.
The jacking base or deadman must be sufficiently strong to
withstand the pressures generated by the jacking unit throughout
the jacking operation without appreciable movement or
deformation.
7. Dewatering Equipment - Equipment used to evacuate ground and
surface water from jacking and receiving pit areas and along path
of proposed bore.
a) Pump - Shall be in proper operating condition and off
sufficient capacity to satisfactorily dewater the pit and bore
areas under the conditions of the particular job.
b) Header Line - Collector pipe connecting pump with
individual swing joints, risers and well points in a well point
dewatering system. Header line shall be straight, free from
large dents, kinks or cracks and sufficient in size to pass
anticipated flow.
c) Swing Joints or Half Swings - Hoses or pipes that connect
individual well points and risers to header line. Swing joints
shall be undamaged and feature a workable stop cock or
equivalent device for controlling air intrusion into the
system.
d) Risers - Pipes connecting well points to swing joints should
be reasonably straight and otherwise undamaged.
r]
1 07/03 16200 -6 03- 1438.A
e) Well Points - Connect to bottom end of riser pipe,
perforated and screened to draw water from surrounding
area without allowing the intrusion of soil. Well points must
be undamaged and screens clear and unclogged.
8. Horizontal Boring Equipment - Equipment shall include locking
devices, surveying instruments, power plants, hydraulic motors
and attachments as well as mud mixing units and related
equipment.
9. Other Equipment - Any equipment used on the job that has not
been defined and covered previously in this Section must be in
proper working order and otherwise conform to the requirements
as outlined under Equipment - General, at the beginning of the
section.
3.02 SHIPPING, HANDLING AND STORAGE
A. Special care in handling shall be exercised during delivery, distribution
and storage of pipe to avoid damage and setting up stresses. Damaged
pipe will be rejected and shall be replaced at the Contractor s expense.
Pipe and specials stored prior to use shall be stored in such a manner as
to keep the interior free from dirt and foreign matter.
PART 4 - PERSONNEL REQUIREMENTS
4.01 GENERAL
1 07/03
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A. A responsible representative of the permittee must be present at all times
during the crossings of Collins Avenue (A -1 -A). A responsible
representative as specified herein is defined as a person experienced in
the type of work being performed and who has the authority to represent
the permittee in a routine decision making capacity concerning the
manner and method of carrying out the work.
B. The CONTRACTOR shall have a sufficient number of competent workers
on the job at all times to ensure the crossing is made in a timely and
otherwise satisfactory manner. Adequate personnel for carrying out all
phases of the actual crossing operation (where applicable: boring
machine operator, qualified welder(s) for joining additional casing
sections, crane or lift operator for removing spoil material and laborers as
16200-7 03- 1438.A
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necessary for various related tasks) must be on the job site at the
beginning work. A competent and experienced supervisory representing
the contractor that is thoroughly familiar with the equipment and type of
work to be performed, must be in direct charge and control of the
operation at all times. In all cases the supervisor must be continually
present at the job site during the actual crossing operation.
PART 5 - INSTALLATION
5.01 GENERAL
1 07/03
A. Erection or Installation of Appropriate Safety and Warning Devices -
Erection or installation of appropriate safety and warning devices shall be
completed prior to beginning work.
B. Subsurface Soil and Drainage Investigation - In general, the greatest
influences on the success or failure of an underground crossing are the
existing subsurface soil and water conditions. To correctly plan individual
crossing procedures such as dewatering, use of cutting heads,
positioning of auger within the casing and to accurately locate potential
problem areas, subsurface investigation must be made by the permittee
or his contractor.
C. Dewatering - Evacuation of ground and surface water from jacking and
receiving pits and from path of proposed crossing. Where the ground
water level is above the invert of the proposed crossing, or above the
floor level of the jacking pits, dewatering is necessary to reduce the
water level to below the jacking pit floors and the invert of the proposed
crossing, and must be designed, installed and in operation prior to
beginning the crossing as follows:
1) Except where rock is present throughout the length of the bore
and no likelihood of sand pockets exists.
2) Where the existing ground water level and particular soil type
involved indicates that excessive flowback of spoil material as the
jacking progresses is likely.
Dewatering shall not be necessary where remote - powered
hydraulic equipment is used to make the crossing underwater.
16200 -8
03- 1438.A
When dewatering is necessary, and if requested, a plan showing
the proposed method must be submitted to the Local Maintenance
Engineer prior to beginning work. It must be in writing and should
be included with the subsurface investigation report.
The importance of a properly functioning dewatering system
cannot be over emphasized. If the permittee or his
contractor does not possess the experience and expertise
1 necessary to properly design, operate and maintain
dewatering system as dictated by individual project
conditions, the local Maintenance Engineer may require that
the system be designed or operated by the permittee s
choice of reputable firms specializing in dewatering
operations. Dewatering systems shall be in conformance
with all applicable Federal, State, County and local pollution
control and environmental protection regulations.
i1
1 07/03 16200 -9 03- 1438.A
The dewatering report shall contain where appropriate:
1) Plan and profile drawing of area to be dewatered, showing:
i) Location on plan view of pumps, headers, well
points, berms, sump holes, discharge points and their
relationship to the roadway, jacking pits and path of
proposed crossing.
'
ii) Elevations or depths on profile view of same features
and equipment as above.
2) Project identification and system design information.
i) Utility permit no. and location of project.
ii) Name of person who designed the proposed
dewatering system, firm employed by, position with
the firm.
iii) Data upon which design was based.
aa) Subsurface investigation as previously required.
bb) Previous experience in same area.
cc) Other, describe.
The importance of a properly functioning dewatering system
cannot be over emphasized. If the permittee or his
contractor does not possess the experience and expertise
1 necessary to properly design, operate and maintain
dewatering system as dictated by individual project
conditions, the local Maintenance Engineer may require that
the system be designed or operated by the permittee s
choice of reputable firms specializing in dewatering
operations. Dewatering systems shall be in conformance
with all applicable Federal, State, County and local pollution
control and environmental protection regulations.
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1 07/03 16200 -9 03- 1438.A
1
D. Jacking Pits - Excavated areas from which jacking and receiving
operations are accomplished.
1) Jacking Pit Excavation - Pit excavation shall be no closer than four
(4) feet from the roadway or shoulder pavement edge, or two feet
from back of curb, whichever is applicable. When deemed
necessary for safety, the Maintenance Engineer may require a
greater distance than four (4) feet from the edge of pavement
1
when shoulder pavement is not present. Pits on limited access
facilities shall be no closer to the pavement edge than the toe of
the front slope.
The pit dimensions shall be large enough to provide a safe,
adequate working area with slopes no steeper than
1 in hard pan, clay or hard Sand -clays
1 1 in stable cohesive soils
2 : 1 in loose unstable soils
Slopes shall extend from proposed casing invert elevation to
existing ground level. Slopes are not required in solid rock.
In lieu of constructing slopes as above, the pit walls may be
shored, sheeted, braced or otherwise supported by means of
1 sufficient strength to protect the employees and inspectors
working within them.
1 07/03
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2) Pit Floor Stabilization - Where necessary to ensure a solid, stable
base for boring machinery, some means of stabilizing the pit floor
must be provided. Stabilizing may vary depending upon job site
condition, from timber supports under tracks, addition of clean
sand or gravel to pit floor, or in some cases the construction of
concrete slabs on the pit floor. Al stabilizing materials other than
sand, gravel and like materials must be removed upon completion
of the project.
E. Equipment Set Up
1) Aligning and leveling of auger tracks - To properly control line and
grade during the crossing operation, it is imperative that the
jacking unit tracks be rigidly set to the predetermined level and
16200 -10 03- 1438.A
1
alignment requirements of the job. Control should be ensured by
the use of appropriate engineering instruments.
2) Auger and casing section lengths should be determined prior to
beginning the crossing operation to ensure that the leading end of
'
the first casing section will not be under, or within three (3) feet of
any Roadway Pavement when the crossing operation is halted to
joint new auger and casing sections. As an exception, in areas
'
where jacking pit space is restricted by narrow right -of -way, or
obstructions and will not allow continuous operations under paved
areas as stipulated in this section, all preparations for adding
additional casing and augers should be made prior to stopping
under the pavement and the joint made as quickly as possible.
Crossings made by closed end jacking method or crossings made
in materials other than loose unstable soils, are not subject to the
provisions of this section.
3) Methods of Reducing Skin Friction - Friction between the outer
rsurface
of the casing and the surrounding soil may be reduced by
increasing the diameter of the casing hole by nor more than 3/4
inch greater than outside diameter of casing itself. This may be
accomplished as follows:
1 a) Overboring - Use of a cutting head with an overall diameter
of no more than 3/4 inch greater than the casing diameter.
Maximum diameter includes wing cutters which must be
securely blocked to limit the overall diameter in order to
meet this requirement.
' b) Use of bands, couplings, collars or welds will be allowed,
providing the casing diameter is increased by no more than
3/4 inch. Any such device or method used shall be rigidly
affixed and shall in no way weaken the leading edge of the
casing. Collars and couplings used to reduce skin friction
on steel pipe must be welded in place when cutting heads
are used, eliminating the possibility of the cutting head
unscrewing or dislodging the collar or coupling during the
operation.
c) Use of lubricating materials on the outer surface of the
casing to reduce skin friction is also acceptable, subject to
1 07/03 16200 -11 03- 1438.A
1 the requirements of the Department of Environmental
Regulation.
Flaring of the casing end will be allowed provided that the
original casing diameter is exceeded by no more than 3/4
inch.
Any cuts, tears or cracks made to facilitate flaring shall be
repaired and reinforced by welding to ensure that the
strength of the flared section is equal to or greater than the
original section. The use of a misaligned, undersized auger
to cut an oversized hole is prohibited.
4) Relationship between auger or cutting head to leading end of first
casing section. The leading end of the first casing section shall be
straight cut ninety degrees to the centerline of the casing and the
distance between the back of the cutting head or leading edge of
the first bare auger section, to the leading end of the casing shall
be as follows under the appropriate soil condition.
a) Rock - On crossings made through solid rock, where the
cutting head must precede the casing, the space between
the back of the cutting head and the end of the casing shall
be limited to the clearance necessary to allow the cutting
' head to function without coming in contact with the end of
the casing. In areas where sand pockets may be
encountered the cutting head must be construction so that
' it can be retracted into the casing, to within the limits
specified in this section for the particular material
encountered.
' b) Hard pan, clay, hard sand -clay and stable cohesive soils -
As in rock, the cutting head should normally precede the
casing but the type cutting head used must allow no more
than two (2) inches between the back of the head and the
1 leading end of the casing. Cutting heads with cylindrical,
pointed chippers designed for use in solid rock shall not be
used.
c) Loose unstable soil - The distance between the leading end
of the first auger section and the leading end of the casing
shall be as necessary to maintain a solid plug of spoil
' 07/03 16200 -12 03- 1438.A
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material inside the forward portion of the casing. For casing
diameters eight (8) inches or greater, the minimum space
between the leading end of the auger, or cutting head as
allowed below, and the leading end of the casing shall be no
less than one -half the casing diameter. However, the
setback shall be increased if necessary to prevent undue
flow back of the spoil material. No setback is required for
casing diameters less than eight (8) inches.
Cutting heads may be used only where the subsurface
investigation report or other reliable information indicates
the likelihood of encountering a very hard soil strata, rock or
other obstructions such as tree stumps; and it is
1 determined prior to beginning work that the area of
difficulty may be passed by the use of an appropriate
cutting head. The cutting head shall remain inside the
casing as outlined above except during the passage of such
obstructions.
On large diameter jacked crossings where clean out of the
bore is accomplished by special digging machine or by hand,
the distance between the leading end of the casing and the
' actual cleanout operation shall be no less than that
necessary to ensure that voids will not form around the
1 outside of the casing. The use of tunnel liners will be
allowed only where the installation method and soil
conditions ensure that voids will not be formed around the
' outside of the liner during installation.
5) Auger size and spacing - The leading auger section used in
' conjunction with a cutting head must be full -sized having an
outside diameter not less than the inside diameter of the casing
less the amount needed to provide the minimum working clearance
necessary. In no case shall the auger diameter be less than 1/2
inch smaller than the inside casing diameter unless some other
1 positive means of restricting the movement of the cutting head as
previously required is assured. Less than full -sized augers that are
large enough to remove spoil satisfactorily will be allowed when
the auger is not used in conjunction with a cutting head and is to
remain within the casing at all times, except as follows:
1 07/03 16200 -13 03- 1438.A
Minimum Length
in Feet of Full
Sized Auger from
Crossing Conditions Leading End of
Casing
Rock 0
Hard -pan, clay, hard sand- (dry) 0*
clay
(wet) 20
Stable cohesive soils (dry) 0
(wet) 20
unstable soils dr) 20
Loose u ( Y
' (wet) 40
Crossings requiring dewatering are to be considered as wet in the
' above table.
* Full sized augers are not required if lateral movement of the
cutting head has been otherwise restricted in a satisfactory
manner.
6) Length - Casings and uncased carrier pipes shall be of sufficient
length to extend under all pavements and in no case shall the end
' of the casing be closer than four (4) feet (eight (8) feet preferably)
from the pavement edge including paved shoulders, or two (2)
feet from back of curb plus additional length as necessary to
extend to the excavated slopes of the jacking and receiving pits.
Slope requirements are detailed in 5.D. of this exhibit. The ends of
casings under limited access facilities and all casings for flammable
' materials shall be no closer to the pavement edge (including paved
shoulders) than the toe of the front slope. Casings may be
required to extend to the right -of -way limits or frontage roads to
rprovide for maintenance access on limited access facilities where
periodic maintenance activities on the utility are expected.
' Casings shall also extend beyond pavement areas that are to be
' 07/03 16200 -14 03- 1438.A
widened in the near future when proposal of such widening is
supported by a design study.
7) Joints and Couplings
a) Steel Pipe
i) Couplings - Couplings shall be tight, tack welded if
necessary and sufficiently rigid (no noticeably
movement in joint) to prevent misalignment during
driving or pushing operation. Tack welding of
couplings is only required where necessary to ensure
the integrity of the joint.
ii) Welded Joints - Joint welds shall be made in a neat
workmanlike manner, shall be air tight and
continuous over the entire circumference of the pipe
and shall increase the outside diameter by nor more
than 3/4 total.
b) Coupling thickness shall be such that the overall casing
diameter is increased by no more than 3/4 total. All
couplings shall be leakproof.
1 8) Drilling Fluids - If drilling fluids are used to lubricate the auger and
facilitate the removal of cuttings, they shall consist of a mixture of
water and gel- forming colloidal material such as bentonite, or a
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polymer surfactant mixture producing a slurry of custard -like
consistency.
Plain water may be used if appropriate under the conditions
outlined in this exhibit.
9) Shoring and Bracing Materials - Materials used for sheeting, sheet
piling, cribbing, bracing, shoring and underpinning shall be in good
serviceable condition and timbers shall be sound, free from large or
loose knots and of proper dimensions, as required by OSHA
regulations.
10) Steel Shelving - Steel shelving welded inside the casing at the
leading end to prevent undue flowback of spoil material must be
approved by the local Maintenance Engineer prior to use.
16200 -15 03- 1438.A
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The casing, auger and cutting head requirements specified for the
most restrictive condition to be encountered shall govern the set
up procedure for a particular crossing.
' F. Crossing Operation - The actual crossing operation shall be accomplished
during daylight hours and shall not begin after the hour pre - established as
the latest starting time that will allow completion during daylight hours
except as allowed below.
In emergency situations, or where delay would increase the likelihood of
a failure, nighttime work will be allowed to complete a delayed crossing.
In addition, where the obvious hazards of nighttime work are carefully
' considered and determined to be insignificant, nighttime work will be
allowed to complete a properly planned crossing if the local Maintenance
Engineer agrees that the delay was caused by reasonably unavoidable
circumstances, which such nighttime work is necessary to avoid placing
an undue economic hardship on the permittee or his contractor.
1 07/03 16200 -16 03- 1438.A
Planned nighttime work is expressly prohibited and will not be allowed
except as allowed in the special conditions of the utility permit.
Any nighttime work shall be in strict conformance with Section 7 of this
document.
Crossing operation requirements under the appropriate method used and
subsurface conditions are as follows:
1) Driving or jacking, without auger - For casings with outside
diameters of three (3) inches or less, at the minimum depth of 36
'
inches and up to five (5) inches outside diameter for depths of
cover exceeding six (6) feet, closed end jacking or driving is
permitted.
2 Hydraulic or mechanical jacking, with auger - The use of an auger
) Y 1 9, 9 9
is required by the Department on all crossings using casings
greater than five (5) inches outside diameter (greater than three (3)
inches outside diameter if less than six (6) feet deep) and is
intended to prevent a rigid plug of spoil material from forming at
the head of the casing.
1 07/03 16200 -16 03- 1438.A
If a drilling fluid is used to lubricate the outside of the casing, or
the auger and cuttings, it shall not be pumped under pressure
great enough to cause any jetting action whatsoever, or to
otherwise saturate the soil ahead of the casing. External drilling
fluid carriers shall be no larger than 3/4 O.D. and must be
Lpermanently and securely fastened to the casing with the leading
end shielded from damage.
In soils with a high clay content only, plain water may be used to
clean the augers as necessary to prevent binding. When plain
water is used, it must be hand pumped or gravity fed through a
carrier pipe permanently and securely fastened to the casing.
G. Equipment Breakdowns or Other Unforeseen Stoppages
If forward motion of the casing is halted at any time other than for
reasons planned for in advance (addition of casing and auger sections,
etc.) and prevention of voids under paved areas cannot be assured, the
casing must be filled with concrete by pressure grouting as soon as
' possible and abandoned. If removal of the augers from a casing to be
abandoned will allow voids to form under paved areas at the casing head,
' the augers must be abandoned also.
When an obstruction is encountered that cannot be passed or an existing
utility is damaged, cutting of the pavement for inspection will be
approved by the local Maintenance Engineer or his representative, when
consideration of all pertinent facts indicate that such action would offer
' the most practical solution to the problem for all parties concerned. Any
such authorized pavement opening shall be repaired according to the
appropriate specifications in the Utility Accommodation Guide. No
' cutting of the pavement will be allowed on Interstate of other limited
access facilities.
PART 6 - TESTING
6.01 GENERAL
A. In air pressure test for leaks shall be conducted in the presence of the
local Engineer or his representative immediately upon completion of each
crossing at a minimum test pressure of 20 psig. The test shall be
abandoned, if in the opinion of the engineer, the leaks are potentially
damaging to the roadway.
1 07/03 16200 -17 03- 1438.A
Either of the two test methods outlined below will be satisfactory.
1 . Standard twenty -four (24) pressure test with recording chart.
2. Pressure test utilizing a dragnet type leak detecting device, or
other equivalent testing equipment capable of detecting pressure
drops of one -half psi. Length of test to be as recommended by the
testing equipment manufacturer for the conditions of the particular
job.
Leaking pipes that cannot be repaired to meet pressure test are to be
filled with concrete by pressure grouting, or other approved means and
abandoned if in the opinion of the Engineer the leaks are potentially
damaging to the roadway
PART 7 - WAIVER OF REQUIREMENTS
7.01 GENERAL
A. The requirements and recommendation contained in these guidelines are
appropriate for the most common crossing situations. Under unusual
' conditions, not adequately covered herein, these requirements may be
altered or waived when their strict adherence would increase the
likelihood of a crossing failure. Any such alteration or waiver shall be
based on sound engineering judgement and must be fully documented as
outlined in Section 8 of this exhibit. Any alteration or waiver must be
approved by the Engineer or authorized representative.
B. An air pressure test for leaks shall be conducted in the presence of the
Engineer or his representative immediately upon completion of each
crossing at a minimum test pressure of 20 psig. The test shall be
abandoned, if in the opinion of the Engineer, the leaks are potentially
damaging to the roadway.
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PART 8 - REPORTING PROCEDURES
8.01 GENERAL
A. An accurate log shall be kept by the CONTRACTOR or authorized
representative on the crossing. The purpose of this log is to record and
report the data necessary to isolate and identify all common factors
associated with underground crossing failures.
B. The log shall be forwarded to the Engineer with the permit, subsurface
investigation report, dewatering plan (if applicable), completion notice,
and related correspondence.
C. The data shall be recorded on the job site during the actual crossing
operation.
END OF SECTION
07/03 16200 -19 03- 1438.A