The URL can be used to link to this page

Home My WebLink AboutSpecifications & Add.#1CITY OF SUNNY ISLES BEACH Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements 00 r Qv�Q Prepared by: t �O Calvin, Giordano & Associate Engineers Surveyors Planners 1800 Eller Drive, Suite 600 Ft. Lauderdale, FL 33316 ph. 954.921.7781 fax 954.921.8807 CGA Project No. 03 -4465 City of Sunny Isles Beach Bid No. 04 -05 -01 May 2004 CITY OF SUNNY ISLES BEACH Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements Contract Documents and Specifications Calvin, Giordano & Associates, Inc. Engineers Surveyors Planners 1800 Eller Drive, Suite 600 Ft. Lauderdale, FL 33316 ph. 954.921.7781 fax 954.921.8807 CGA Project No. 03 -4465 City of Sunny Isles Beach Bid No. 04 -05 -01 May 2004 TABLE OF CONTENTS Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements CGA Project No. 03 -4655 City of Sunny Isles Beach Bid No. 04 -05 -01 BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT DOCUMENTS 00020 Notice to Bidders 00100 Instructions to Bidders 00300 Bid Form 00401 Bid Bond 00402 Public Entity Crimes Affidavit 00403 Trench Safety Act 00420 Information Required from Bidders 00500 EJCDC Standard Form of Agreement 00600 Payment Bond 00601 Performance Bond 00650 Acknowledgment of Conformance with O.S.H.A. Standards 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01015 General Requirements 01021 Cash Allowances 01025 Measurement and Payment 01030 Special Project Procedures 01100 Alternates 01340 Shop Drawings, Working Drawings, and Samples 01410 Testing and Tests Laboratory Services 01532 Tree and Plant Protection 01570 Traffic Regulation 01600 Material and Equipment 01720 Project Record Documents 05/04 i 03 -4465 DIVISION 2 - SITEWORK Not Applicable DIVISION 3 - CONCRETE Not Applicable DIVISION 4 — ELECTRICAL 16050 Electrical 05/04 ii 03 -4465 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 Sampson Oceanfront Park Landscape Lighting Improvements CGA Project No. 03 -4465 City of Sunny Isles Beach Bid No. 04 -05 -01 Sealed bids for the construction of the Sunny Isles Oceanfront Park Landscape Lighting Improvements consisting in furnishing and installing new landscape lighting will be received by the Owner, City of Sunny Isles Beach. Bids shall be on a lump sum basis; segregated bids will not be accepted. Sealed bids will be received by the City Clerk until 10:00 am, on Monday, June 14, 2004 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. Bidders may obtain complete sets of Bidding Documents from the Owner, City of Sunny Isles Beach at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, at no cost. Bidding Documents may be examined at the City of Sunny Isles Beach, at the above referenced address. Bid security in the amount of five percent (5 %) of the Total Bid or $5,000, which ever is less, must accompany the Bid in accordance with the Instructions to Bidders. M 05/04 00020 -1 03 -4465 The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid which best serves the interest of the Owner. For further information, contact the office of the City Engineer c/o Calvin, Giordano & Associates, Inc. at (954) 921-7781. Jane Hines City Clerk City of Sunny Isles Beach Publish Dates: Mav 21, 2004 END OF DOCUMENT 05/04 00020 -2 03 -4465 fj t Ir— Ll 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 Sampson Oceanfront Park Landscape Lighting Improvements CGA Project No. 03 -4465 City of Sunny Isles Beach Bid No. 04 -05 -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. 05/04 00100 -1 03 -4465 0 y C^ 3.3 Bidders shall examine existing site improvements, and conditions, utilities, and streets to determine all conditions which will affect the Work. 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. 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. 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. 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. 05/04 00100 -2 03 -4465 t a 1 05/04 6.3 Bidders may be disqualified and their bids rejected for any of the following specific reasons: a. Reason to believe that collusion exists among Bidders. b. Determination of lack of competency as may be revealed by qualification statements, financial statements, experience records, or other questionnaires. C. The Bidder's uncompleted work load which in the 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. 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. 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. 00100 -3 03 -4465 ' 8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or other legal entity. ' a. Individual - provide name and post office address. b. Partnership - provide name and post office address of each member of ' the partnership. C. Corporation - provide name and post office address of person signing the form and legal evidence of his authority to do so; names and ' addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. 8.4 Bids shall include documentation required by the Florida "Trench Safety Act." The Trench Safety Act form is included within the Bid Form Section ' for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 8.5 All Unit Price Bids requested on the Bid Form shall be bid. 9. BID SUBMITTAL 9.1 Submit one original and five copies of the Bid Form, the bid security, the list ' of Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope shall be further identified with the ' Project name, the Bidder's name and address, and the words "BID ENCLOSED ". 9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Advertisement for Bids. Bids received after the time and date indicated for receipt of Bids will be returned unopened. 10. BID SECURITY ' 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5 %) of the amount of the total Bid or $5,000, which ever is less. 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. 05/04 00100 -4 03 -4465 ' 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 ' 1 1 .1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. '11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days after the time and date designated for the receipt of bids. ' 12. OPENING OF BIDS 12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids. 13. GOVERNING LAWS AND REGULATIONS 13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. 13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner, in conjunction with the Bid Form. ' 14. LIQUIDATED DAMAGES 14.1 The Owner may incur financial loss if the Work is not substantially complete by the date set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND L ' 05/04 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. 00100 -5 03 -4465 ' 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: 05/04 00100 -6 03 -4465 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. Sa. 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 by C. All Surety Companies are subject to review and approval the Owner and may be rejected without cause. All bonds signed by an ' Agency must be accompanied by a certificate of authority to act. 05/04 00100 -6 03 -4465 ' 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida. ' 16. SUBCONTRACTOR LIST ' 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided by the Engineer. 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection to any person or entity listed. Upon such reasonable ' objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 17. BID PROTEST 17.1 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 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. 05/04 00100 -7 03 -4465 t 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 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 $500 and a maximum deposit of $10,000. 18. CONTRACT AWARD AND EXECUTION 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. 18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. ' 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within 10 days. Failure to do so will be ' deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening stated in the Advertisement for Bids. 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder whose qualifications indicate the award will be to the best ' interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be ' accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner within the time specified. 18.7 If the Contractor feels that a problem exists either prior to, or during the bid opening, he shall contact the City (within 24 hours of the bid opening) and ' follow the Citys' current policy for bid protests. 05104 00100 -8 03 -4465 18.8 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid Schedule Items that would be in the best interest of the Owner. 19. CASH ALLOWANCES 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this purpose only. The Contractor shall not proceed on any additional work to be covered by allowances until authorized in writing by the Engineer. Such work shall be approved by the Owner, shall be within the scope of work defined by this Contract and shall not exceed the amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be retained by the Owner. END OF DOCUMENT 05/04 00100 -9 03 -4465 ' Bid of Address ' Phone SECTION 00300 BID FORM to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of: Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements, 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. 1 I J 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. 05/04 00300 -1 03 -4465 7 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 150 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. The undersigned Bidder also agrees to complete the entire work within 180 days after the Contract time commences to run. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 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. 05/04 00300 -2 03 -4465 ADDENDA Bidder acknowledges the receipt of Addendum No.'s 1. , 2. , 3. 4. , 5 Dated this day of (month) (year) Contractor: Address: SEAL Attachments: Subcontractor List Bid Security Trench Safety Act documentation END OF DOCUMENT 05/04 00300 -3 03 -4465 Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements Bid Estimated Item Description Quantity Unit Unit Price Estimated Total I. GENERAL 1 Having examined the place of the work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by Calvin, Giordano & Associates, Inc., Engineer for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the work of the base contract for the Lump Sum Price which includes the entire project as shown on the plans and described in the specifications. TOTAL BASE BID 1 LS $ Written 0 (Contractor) (Date) 05/04 00300 -4 03 -4465 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 Sunnv 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) Surety's Name and Corporate Seal By: Attest: (Seal) Signature and Title (Attach Power of Attorney) 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 -4465 1 L 1 1 �L7_ L' I� 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the total amount of Bidder's bid and the total amount of the bid of the next lowest, responsible and responsive bidder as determined by Owner for the Work required by the Contract Documents, provided that: 1.1. If there is no such next lowest, responsible and responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surety's obligation hereunder exceed the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. i i Bid Bond I� 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the total time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default 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 -4465 n SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(x), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to by for [print name of the public entity] [print individual's name and title] [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 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 -4465 1 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ISworn to and subscribed before me this t Personally known OR Produced identification (Type of identification) Form PUR 7068 (Rev. 06/11/92) [signature] day of , 20_. 00402 -2 Notary Public - State of My commission expires (Printed typed or stamped commissioned name of notary public) 03 -4465 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 Measure Measure (Description) (LFSF) A. B. C. D. Unit Unit Extended (Quantity) Cost Cost 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 05/04 00403 -1 03 -4465 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: Contractor's License: Primary Classification: Number of years as a Contractor in construction work of the type involved in this Contract: 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: VA :;0 Date of Inspection: What is the last project of this nature you have completed? Have you ever failed to complete work awarded to you; if so, where and why? 05/04 00420 -1 03 -4465 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) 1 1 . 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. 05/04 00420 -2 03 -4465 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. 2. 3. 4. 5. A 7. a Am 10. NOTE: Attach additional sheets if required. 05/04 00420 -3 03 -4465 f' 1-1 t L t 1 1 1 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the between CITY OF SUNNY ISLES BEACH hereinafter called CONTRACTOR). day of in the year 20 (hereinafter called OWNER) and by and 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 Sampson Oceanfront Park Landscape Lighting Improvements 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 150 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 150 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. 00500 -1 03 -4465 t 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" ( -) ITOTAL OF ALL UNIT PRICES 17 LJ I] r7 LI c 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 .03.6 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. 05/04 00500 -2 03 -4465 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 I determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. t t 1 t 1 1 1 90 % of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 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 00500 -3 03 -4465 J C forth in paragraph SC -4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 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: � os,oa 8.1. This Agreement (pages 1 to10, inclusive). 8.2. Exhibits to this Agreement (page) 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 and consisting of xx divisions and xxx pages, as listed in Table of Contents thereof. 00500 -4 03 -4465 I 8.8. Drawings consisting of a cover sheet and sheets numbered xx through xx, inclusive with each sheet bearing the following general title: SEE ARTICLE 9 ' 8.9. Addenda , inclusive. 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. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. r9.2. 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. 1 05/04 00500 -5 1 03 -4465 _J 9.5.1. DRAWINGS Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements (CGA Project No. 03 -4465) DESCRIPTION SHEET NO. Cover Sheet Key Map Plan E1 Parking Plan E2 Typical Sections and Notes E3 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. 1 05/04 00500 -6 03 -4465 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: 05/04 [CORPORATE SEAL] , 20 (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). 00500 -7 03 -4465 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, City Clerk Approved as to form and legality by Office of the City Attorney By: Lynn M. Dannheisser, City Attorney day of ,20 -- CITY OF SUNNY ISLES BEACH, through its City Commission By: Norman S. Edelcup, Mayor day of ,20 -- By: Christopher J. Russo, City Manager day of ,20 -- (CITY SEAL) 05/04 00500 -8 03-4465 1 1 1 CERTIFICATE AS TO CORPORATE PRINCIPAL I certify that I am the of , and that who signed the Bid with City of Sunny Isles, Dade County Florida for CGA Project No. is of said Corporation with full authority to sign said Bid on behalf of the Corporation. Signed and sealed this day of (SEAL) 20 Signature Typed w /Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this day of My Commission Expires: 05/04 00500 -9 Notary Public 20 03 -4465 CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL I, certify that I am the of who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled , Calvin, Giordano & Associates, Inc. Project No. , and that the following persons have the authority to sign payment requests on behalf of the Corporation: (Signature) (Typed Name w /Title) (Signature) (Typed Name w /Title) (Signature) (Typed Name w /Title) Signed and sealed this day of , 20—. (SEAL) Signature Typed w /Title STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this day of )20—. My Commission Expires: Notary Public 05/04 00500 -10 03 -4465 Construction ct on Payment Bond ' Any singular reference to Contractor Suret y, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 ' Sunny Isles Beach, Florida 33160 'CONSTRUCTION CONTRACT Date: Amount: $ ' Description (Name and Location): Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements ' City of Sunny Isles Beach BOND ' Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Form. I CONTRACTOR AS PRINCIPAL ' Company Signature: Name and Title: ' CONTRACTOR AS PRINCIPAL ' Company Signature: (Corp. Seal) (Corp. Seal) SURETY Company Signature: Name and Title: SURETY Company Signature: Name and Title: Name and Title: ' 00600 -1 EJCDC No. 1910 -28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. (Corp. Seal) (Corp. Seal) 03 -4465 u r I . The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to relate subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be acceptable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3.Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 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 -4465 1 Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 ' CONSTRUCTION CONTRACT Date: Amount: $ Description (Name and Location): Sunny Isles Sampson Oceanfront Park Landscape Lighting Improvements ' 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: I CONTRACTOR AS PRINCIPAL Company Signature: Name and Title: Signature: Name and Title: SURETY (Corp. Seal) Company Signature: Name and Title: 00601 -1 EJCDC No. 1910 -28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. (Corp. Seal) (Corp. Seal) 03 -4465 1 1 1 1 1 1 1 t Ll 1 L 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 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 -4465 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 Sampson Oceanfront Park Landscape Lighting Improvements ", that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, and Calvin, Giordano & Associates, Inc., Consulting Engineers against any and all legal liability or loss the District or the Engineer may incur due to failure to comply with such act. ATTEST CONTRACTOR By: ATTEST Title: DATE END OF DOCUMENT 05/04 00650 -1 03 -4465 J I * s This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMIAIITTEE and AllIssued and Published Jointly By CARP. National Society of Professional Engineers AMERICAN CONSULTING Prdtessionat 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 AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General w ^ c - Contractors of America w Construction Specifications Institute 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 EJCDC 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) 1 �7� L' F� Copyright 01996 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 F I -1 TABLE OF CONTENTS ' ARTICLE 1 - 1.01 DEFINITIONS AND TERMINOLOGY ...... ............................... Defined Terms ................................................... .................... 00700-6 1.02 Terminology ...................... ............................... 00700-8 ARTICLE 2 - PRELIMINARY MATTERS ............. ............................... 00700-9 2.01 Delivery of Bonds .................. ............................... 00700-9 ' 2.02 Copies of Documents ................ ............................... 00700-9 2.03 Commencement of Contract Times; Notice to Proceed .......................... 00700-9 2.04 2.05 Starting the Work .................. ............................... Before Starting Construction ........... ............................... 00700-9 00700-9 2.06 Preconstruction Conference ........... ............................... 00700-10 2.07 Initial Acceptance of Schedules ......... ............................... 00700-10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ................... 00700- 10 3.01 Intent ......................... ............................... 00700- 10 3.02 Reference Standards ............... ............................... 00700- 10 3.03 Reporting and Resolving Discrepancies ................ . 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 Subsurface and Physical Conditions ...... ............................... 00700- 12 4.03 Differing Subsurface or Physical Conditions . ............................... 00700- 12 4.04 Underground Facilities .............. ............................... 00700- 13 4.05 Reference Points .................. ............................... 00700- 13 4.06 ARTICLE 5 - Hazardous Environmental Condition at Site . ............................... BONDS AND INSURANCE ............ ............................... 00700-14 00700-15 5.01 Performance, Payment, and Other Bonds .. ............................... 00700-15 5.02 5.03 Licensed Sureties and Insurers ......... ............................... Certi, ftcates of Insurance ............. ............................... 00700 -15 00700-15 5.04 CONTRACTOR's Liability Insurance ..... ............................... 00700-15 5.05 OWNER'S Liability Insurance .......... ............................... 00700-16 5.06 Property Insurance 5.07 Waiver of Rights ..................... ..........................00700-16 00700-17 5.08 Receipt and Application of Insurance Proceeds .............................. 00700-18 5.09 5.10 Acceptance of Bonds and Insurance; Option to Replace ......................... Partial Utilization, Acknowledgment of Property Insurer 00700-18 00700-18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .... ............................... 00700-19 6.01 6.02 Supervision and Superintendence .................................... -.... Labor, Working Hours ............................................. 00700-18 00700-19 6.03 Services, Materials, and Equipment . ' ........................ . . . . . . . . . 00700-19 6.04 Progress Schedule ................. ............................... 00700-19 6.05 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 6.09 Permits ............................. .........................00700-21 Laws and Regulations . 00700 -22 6.10 6.11 Taxes ......................... ............................... Use of Site and Other Areas .............: .......................... 00-700-22 00700 -22 6.12 Record Documents ..................... r 00700 - 22 6.13 Safety and Protection .......................... ()0700-23 6.14 Safety Representative ............................................... 00700 -23 6.15 Hazard Communication Programs ...................................... 00700-3 00700 -23 1 1 Ci I 6.16 Emergencies ..................... 6.17 ............................... Shop Drawings and Samples ....................... . .................. 00700 -23 0070()-23 6.18 Continuing the Work .............. 6.19 ............................... CONTRACTOR's General Warranty and Guarantee 00700 -24 6.20 ........................... Indemnification ()07()0-25 ................... ............................... 0070()-25 ARTICLE 7 -OTHER WORK .................... ................. .............. 00700 -26 7.01 Related Work at Site .......................... . . . .................. 00700 -26 7.02 Coordination .................... ............................... 00700 -26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 8.01 Communications to Contractor -26 8.02 ........................................ Replacement of ENGINEER 007()0-26 8.03 ........... ............................... Furnish Data 00700- 26 .................... ............................... 00700 -26 8.04 Pay Promptly When Due ............. ............................... ()0700-26 8.05 Lands and Easements; Reports and Tests ... ............................... 007()0-26 8.06 Insurance ...................... ............................... 00700 - 27 8.07 Change Orders ............... ............................... 00700 -27 8.08 Inspections, Tests, and Approvals ....... ............................... 0070()-27 8.09 Limitations on OWNER's Responsibilities 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 9.03 Visits to Site ..................... ............................... Project Representative 00700 -27 9.04 .............. ............................... Clarifications and Interpretations 007()0-27 9.05 ....... ............................... Authorized Variations in Work 00700 -28 9.06 ......... ............................... Rejecting Defective Work 00700-28 9.07 ............. ............................... Shop Drawings, Change Orders and Payments 00700 -28 9.08 .............................. Determinations for Unit Price Work ...... ............................... 00700 -28 00700 -28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 -28 9.10 Limitations on ENGINEER's Authority and Responsibilities ...................... 00700 -28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .... ............................... 00700 -29 10.01 Authorized Changes in the Work 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 00700-29 .............. ............................... 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; 00700 -32 CHANGE 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 .. ............................... 00700 -33 12.04 Delays Within CONTRACTOR's Control ... ............................... 00700-34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control ........................ 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 .......... ............................... Access to Work 00700 _34 ...... . - 00700 34 13.03 Tests and Inspections ............... ............................... 00700 - 34 13.04 .......... Uncovering Work .... ............................... ..............00700-35 13.05 OWNER May Stop the Work .... ............................... 00700 -35 13.06 Correction or Removal of Defective Work .. ............................... 00700-35 � L r L� u I t 1 r 13.07 Correction Period ................. ............................... 00700-35 13.08 Acceptance of Defective Work .......... ............................... 0()7()0-36 " 13.09 OWNER May Correct Defective Work ..... ............................... 00700 -36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 -36 14.01 14.02. Schedule of Values ................. ............................... Progress Payments ................. ............................... ()0700-36 0070()-37 14.03 CONTRACTOR's Warranty of Title ...... ............................... ()0700-38 14.04 Substantial Completion .............. ............................... 00700 -38 14.05 Partial Utilization ................. ............................... 00700 -39 14.06 Final Inspection ....... 00700 -39 14.07 Final Payment ................. ............................... . . 00700 -39 14.08 14.09 Final Completion Delayed .. . ......... ............................... Waiver of Claims .................. ............................... 00700 -40 007()0-40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ...... . ..................... 00700 -40 15.01 15.02 OWNER May Suspend Work ........... ............................... OWNER May Terminate for Cause ....... ............................... 007()0-40 00700-40 15.03 OWNER May Terminate For Convenience ............ . .................... 00700-41 15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700-41 ARTICLE 16 - DISPUTE RESOLUTION ............. ............................... 00700-41 16.01 Methods and Procedures . 00700 - 41 ARTICLE 17 - MISCELLANEOUS ................. ............................... 00700 -42 17.01 17.02 Giving Notice ..... ............................... . .............. Computation of 71mes ............... ............................... 00700 -42 00700-42 17.03 Cumulative Remedies ............... ............................... 00700 -42 17.04 17.05 Survival of Obligations .............. ............................... Controlling Law ........................... . ..................... 00700 -42 00700-42 L r L� u I t 1 r GENERAL CONDITIONS IARTICLE 1 - DEFINITIONS AND TERMINOLOGY t t 11 1 1 1.01 Defined Terms 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 Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by OWNER of CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect tc 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 Tunes —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. it 11 • 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. t' 1 1 1 16. Cost of the Work - -See paragraph 11.0l.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 tin 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. 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. r 37. Resident Project Representative —The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. LJ � I I�� 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 cncasements 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 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 t t t 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. • 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 Limes; 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. COMRACTOR'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. s B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified 11 0 • I� u I� u t L 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 worldng understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, 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 art 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) t t r t t 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 instruction (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 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 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 informati on 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. 00700-12 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: a. such condition must meet any one or m6re 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. 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 under a negotiated contract; or ' b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract 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 U 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 EN (3INEER'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 t U monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, 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 1) 1 Y 1� 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.F 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 win 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; e 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: 11 114 � 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 S,ppplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); n 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 bome 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 parry 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: ;I 0111M 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�cr insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to paragraph 14.04, or after final payment ' pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER 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 loss 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 required 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 COl)ITRACTOR'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. 1 �1 1 u i 1 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, kind, 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 Tuns (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 be 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: 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:fy as an "or- equal" item under 1 s �11 Ir--. l� F t n 1 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 shalt 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 of 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 C.omultants.for.evaluating each such proposed substitute. F. COATRACTOR'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 6.06.13), 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 indiAdual 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 00700 -20 s t s I 1 I s 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. 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 Patera 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 D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals. or entities performing..oc, 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 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 .(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A." Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits 00700-21 I Il 1 I it 0 u 1 1 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 r A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 00700 -22 [I fl 1 fl �I �n LJ t 1 11 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. s 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 1 1 1 1 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 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. Submiffal 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. 1 1 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 Contraci 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. Resubmitral 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 s i i i as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 COATRACTOR'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; I. 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 indemnifrcatiomobligations 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: 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 is the primary cause of the injury or d2mage. 1 1 1 t 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. CONTRACTOR's failure -to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth 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 A`. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations 1 00700 -26 :1 II t Ll 1 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.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of 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. u LJ ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER' 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 ENGINEER 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 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 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 .bf 'CONTRACTOR ::And 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 P A. In connection with ENGINEER's authority as to Shop A. Neither ENGINEER's authority or responsibility Drawings and Samples, see paragraph 6.17. 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 00700- 28 P, r-� J 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.B. 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 10.0I.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. 00700 -29 u 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.B. 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 ofzuch 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.B, 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 11.01.13. 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. 3. Payments made by CONTRACTOR tc 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, ofce, 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, �� ti 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 5.06.13), 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 of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general 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 11.01 4.4, all of which are to be t n 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 ILOLA 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 I LOLA 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, &,71 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 estimated 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 Change 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 ENGINEER and the other party 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 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 (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 11.01.A.1 and 11.0l.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.0I.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 11.0I.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next Iower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs I1.01.A.4, I1.0l.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 12.0l.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 Milestones) 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 as contemplated by 1 00700-33 1 I I 7 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: I. for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.13 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 13.04.13; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected,-.tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance.of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. 1 00700 -34 L I I I IJ 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, b-- 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) satisfac- ,.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.t?ONTRACTOR 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 correc�:)n period for that 00700 -35 f 1� 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 1 00700 -36 I - I� 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: 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 oc 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. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.13.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent Lmpections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: ' a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ' went; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of -the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.13) become due, and when due will be paid by OWNER to CONTRACTOR. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Dtle A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment,. whether incorporated in the Project or . not, will pass to OWNER. no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. 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 1. OWNER may refuse to make payment of the substantially complete, ENGINEER will notify full amount recommended by ENGINEER because: CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, a. claims have been made against OWNER on ENGINEER will prepare and deliver to OWNER a tentative ' account of CONTRACTOR's performance or fur- certificate of Substantial Completion which shall fix the date nishing of the Work; of Substantial Completion. There shall be attached to the certificate a tentative .list _of .items to be completed or ' 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; tc. there are other items entitling OWNER to a set -off against the amount recommended; or corrected before -final payment,: OWNER shall have seven ,days after receipt of. the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, d. OWNER has actual knowledge of the occur- after consideration of OWNER's objections, .ENGINEER rence of any of the events enumerated in paragraphs considers the Work substantially complete, ENGINEER will 14.02.B.5.a through 14.02.B.5.c or paragraph within said 14 days execute and deliver to OWNER and 15.02.A. CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be 2. If OWNER refuses to make payment of the full completed or corrected) reflecting such changes from the ' amount recommended by ENGINEER, OWNER must tentative certificate as ENGINEER believes justified after give CONTRACTOR immediate written notice (with a consideration of any objections from OWNER. At the time copy to ENGINEER) stating the reasons for such action of delivery of the tentative certificate of Substantial Comple- ' and promptly pay CONTRACTOR any amount tion ENGINEER will deliver to OWNER and CONTRAC- remaining aftr, deduction of the amount so withheld. TOR a written recommendation as to division of responsibili- 00700 -38 1 r-, 1 17 i 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 1/ 11 • 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; (H) 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. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after ' receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and ' recommendation of ENGINEER, and without terminating the . Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any. portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 4. CONTRACTOR's persistent failure to perform -the -Work in accordance -with the Contract. Documents - ... (including; but.not limited to, failure to supply sufficient skilled. workers or.:suitable materials or .equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial s way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 1 00700 -40 1 I t 1 FJ L 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 Terminate For Convenience A. Upon seven days written notice to. CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, 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 Contract 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 1 / Qf 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 more,than 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 am%utable-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 rhay otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 1 1 II u �1 LA F'1 Lam' 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 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. 05/04 00800 -1 03 -4465 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. 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: 05/04 00800 -2 03 -4465 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 05/04 00800 -3 03 -4465 s 1 t 1 1 r� �1 1 L Property Damage: Each Occurrence •' 2. Bodily Injury and Property Damage Combined Single Limit: Each Occurrence Aggregate $ 1,000,000.00 $ 1,000,000.00 $ 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. 05/04 00800 -4 03 -4465 u G. If under the provisions of this insurance there are mandatory deductibles, or if OWNER elects to increase the mandatory deductibles or purchase this insurance with voluntary deductible amounts, then OWNER shall be responsible for payment of the full amount of the deductible in the event of a paid claim. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the following after Paragraph 6.05.F: G. The use of asbestos or asbestos -based fiber materials is prohibited in this Project. Add the following after Paragraph 6.08: 6.08.A. The OWNER will secure and pay for only the following governmental charges and inspection fees: a. special assessments, b. capital connection fees, c. threshold and special inspection fees, d. permanent utility meter installation fees, e. permanent utility hook -up fees, and f. impact fees. 6.08.6. CONTRACTOR shall pay for all building permits and charges of utility owners for connections to the Work, and OWNER will pay charges of such utility owners for capital costs related thereto such as plant investment fees. 1 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 IENGINEER for OWNER upon Substantial Completion of the Work. t 1 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 ENGINEER agree period." 05/04 sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER will be OWNER's representative during the construction 03 -4465 fl ARTICLE 10 - CHANGES IN THE WORK; CLAIMS Add the following: S10.06. 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: 1 If Contractor fails within ten (10) calendar days after written notice of Engineer... 1 1 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." 05/04 00800 -6 03 -4465 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION In the twentieth line of Paragraph 15.02.B., 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.B: "The venue for any cause of action shall be Broward County." END OF DOCUMENT 05/04 00800 -7 03 -4465 SECTION 00900 Addendum to be placed here END OF SECTION 05/04 900 -1 03 -4465 ' SECTION 01010 ' SUMMARY OF WORK PART 1 - GENERAL ' 1.01 SECTION INCLUDES A. Contractor use of site. B. Location of Work. C. Description of Work. ' D. Work Sequence. E. Owner Occupancy. 1.02 CONTRACTOR USE OF SITE A. Limit use of site and premises to allow: 1. Owner occupancy. 2. Work by others and Owner. 1.03 LOCATION OF WORK A. The work is located at Oceanfront Park in the City of Sunny Isles Beach, Florida. 1.04 DESCRIPTION OF WORK ' 1. Power, Distribution, Light Fixtures, Conduit and Wires 2. Directional Bore 3. Restoration t1.05 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. The Owner may occupy portions of the premises during period of construction for beneficial occupancy. 15104 01010 -1 03 -4465 B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations. C. Schedule the Work to accommodate this requirement. 1.07 MAINTENANCE OF TRAFFIC A. The Contractor shall prepare the Maintenance of Traffic Plan to maintain traffic flows in all three directions on these roads. This plan must be approved by the City Traffic Engineer. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION 05/04 01010 -2 03 -4465 t t SECTION 01015 GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 RELATED REQUIREMENTS A. General provisions of Contract, including General and Supplementary Conditions. B. Requirements for determining completed Work - Section 01025. 1.02 PROJECT DESCRIPTION A. The project generally consists of electrical work and restoration. 1.03 CONTRACTOR USE OF PREMISES A. Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform construction operations with its own forces or to employ separate contractors on portions of the project. B. The Contractor shall be responsible for coordinating his daily activities in conjunction with any Contractors presently working within the City of Sunny Isles Beach. C. Confine operations to areas within rights -of -way and easements. D. Keep existing driveways and entrances serving the premises clear and available to the Owner and the Owner's employees at all times. 1. Do not use these areas for parking or storage of materials. 2. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on site. E. Do not dispose of organic and hazardous material on site, either by burial or by burning. 1.04 ENVIRONMENTAL PROTECTION 05/04 A. Provide protection, operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable effects might result. 01015 -1 03 -4465 i B. Environmental Performance: In order to secure approval to proceed with construction, the Owner committed to comply with terms of an Environmental Impact Statement. A copy of this Statement shall be transmitted to the Contractor prior to execution of the Owner - Contractor Agreement. The Project has been designed and the Contract Documents prepared with the intention that resulting Work will comply with terms of that Statement. 1. Before Substantial Completion inspect, test and adjust performance of every system or facility of the Work to ensure satisfactory overall performance 2. No later than 30 days after Owner occupancy and use of the Project, return and again inspect, test and adjust the Work. 3. Submit a report of results to the Owner. 4. Instruct the Owner's operating personnel on operational requirements needed to maintain compliance. 5. Report performance of completed installations after adjustment that appear unable to comply with the requirements. 1.05 SUBMITTALS A. General: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. B. Progress Schedule: Fully developed, horizontal bar chart type Contractor's construction schedule. Revise the schedule after each meeting or activity, where revisions have been recognized or made. Issue updated schedules monthly. C. Daily Construction Report: Record of construction activities and events at the site; submit two (2) copies to the Engineer at weekly intervals. D. Shop Drawings: Newly prepared information, drawn to accurate scale. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings. 1. Shop Drawings shall include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. 2. Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. 01015 -2 03 -4465 E. Product Data: Collect into a single submittal for each element of construction or system. Includes printed information such as manufacture's installation instructions, catalog cuts, standard color charts, ' roughing -in diagrams and templates, standard wiring diagrams and performance curves. ' F. Samples: Full size, fully fabricated samples cured and finished as specified and physically identical with the material or product proposed. G. Submit shop drawings /product data for the following work: 1. Pipe Certifications ' 2. Ductile Iron Pipe and Fittings 3. Valves and Appurtenances 4. Manholes 5. Lift Stations 1.06 QUALITY CONTROL ' A. The Contractor shall provide inspections, tests and similar quality control services, specified in individual Specification Sections and required by governing authorities, except where they are specifically indicated to be the Owner's responsibility, or are provided by another identified entity. 1. Costs for these services shall be included in the Contract Sum. 2. The Owner will engage and pay for the services of an independent agency to perform inspections and tests specified as the Owner's responsibility. B. The Contractor is responsible for and shall pay costs of retesting when required by Engineer or Owner and of additional testing needed or required by the Contractor. C. The Contractor shall pay costs for additional trips to the project by the agency when scheduled times for tests and inspections are canceled and agency is not notified sufficiently in advance of cancellation to avoid the trip. 1.07 MATERIAL AND EQUIPMENT ' A. Substitutions: After Bidding period, up to 30 days after date of Notice to Proceed, the Engineer will consider written requests from Contractor for proposed substitutions of products. Subsequent requests will be considered only in case of product unavailability or other condition beyond control of the Contractor. Submit a separate request for each proposed substitution; two (2) copies each on the Substitution Request (SR) available from the Engineer. 05/04 01015 -3 03 -4465 L� 1. Do not order or install substitute products without written acceptance from the Engineer. 2. Do not imply or indicate substitutions on shop drawings or product data submittals without a separate formal request. 3. Engineer will determine acceptability of substitution. 4. Only one request for substitution for each product will be considered. If not accepted, Contractor shall provide specified product. B. Product selection is governed by the Contract Documents and governing regulations, not by previous project experience. 1. Where a single or multiple products or manufacturers are named, provide one of the products indicated or submit a request for substitution for any product or manufacturer not named. 2. Where the Specifications only require compliance with performance requirements, an imposed code, standard or regulation, select a product that complies with the requirements, standards, codes or regulations specified. 3. Manufacturers named in a Specification section are those manufacturers considered capable of manufacturing products conforming to the specified requirements. The naming of a particular manufacturer does not imply acceptance or approval of just any standard product of that manufacturer. 1.08 RECORD DOCUMENTS A. Record construction information and changes on a set of Contract Drawings and Project Manual, verified and annotated by an independent Land Surveyor registered in the State of Florida. B. Keep Record Documents current with construction progress and do not conceal any work until required information is recorded. Legibly mark to record actual construction: 1. Horizontal and vertical control location of underground utility piping, cables and lines referenced to permanent surface improvements. 2. Location of miscellaneous components, secondary systems and accessories. 3. Elevations of surface improvements and depths of underground elements of construction. 4. Location and extent of interface with services and existing adjacent elements. 5. Manufacturer, trade name and catalogue number of each product and item actually provided. C. Label each document PROJECT RECORD in 2 inch printed letters followed by the Contractor's name and address and the signature of the 05/04 01015 -4 03 -4465 Contractor's authorized representative. No Record Documents will be accepted from Subcontractors. D. Submit completed Record Documents to the Engineer prior to or in conjunction with request for Substantial Completion. Prior to final payment, revise Record Documents to show additional information, construction and changes and resubmit to the Engineer. 1.09 TESTING A. The Contractor shall obtain the services of a professional testing laboratory approved by the Engineer to perform the following type of tests and test frequencies. Copies of all reports are to be sent to the Engineer as soon as possible. B. Density tests for trench backfill at the rate of three tests per lift in 1,000 feet of trench. C. Density tests for subgrade compaction at the rate of three tests in 1,000 feet of roadway. D. Density tests for limerock base at the rate of three tests per day on each course of completed compacted base. E. Density tests for roadway crossings at the rate of one test per lane per lift of compacted material, beginning one foot above the normal water table. F. If in the opinion of the Engineer, suitable compaction has not been achieved around structures, density tests may be required. G. Concrete compressive strength at the rate of three cylinders per the lesser of 50 cubic yards or per day. H. Should the above test results indicate deficiencies, the Engineer may order additional tests at the Contractor's expense, and all reworked areas shall be retested at the Contractor's expense. I. Testing in the County right -of -way shall meet the requirements of Broward County's "Minimum Standards ". PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 05/04 01015 -5 03 -4465 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 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. 1.04 CONTRACTOR RESPONSIBILITIES A. Promptly notify Engineer of any reasonable objections from supplier. 05/04 01021 -1 03 -4465 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. 1.05 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 05/04 01021 -2 03 -4465 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 I A. Administrative and procedural requirements for determining Work completed under unit price contract. 1.03 GENERAL REQUIREMENTS A. Lump Sum and unit prices shall include 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 supervision. B. The Owner reserves the right to reject the Contractor's measurement of completed work that involves use of established unit prices, and to have this Work measured by an independent surveyor acceptable to the Contractor at the Owner's expense. C. Contract Sum adjustments will be by Change Order on basis of net accumulative change for each unit price category. 1. Except as otherwise specified, unit prices shall apply to both deductive and additive variations of quantities. 2. Lump sum and unit prices in the Agreement shall remain in effect until date of final completion of the entire Work. D. Partial payment for material and equipment properly stored and protected will be made in accordance with requirements of the General Conditions. E. Payment will be made at the respective contract unit and lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all Work in connection therewith and incidental thereto. 01025 -1 03 -4465 ' 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 ' 11. Thousand Gallons - MG ' PART 2 - PRODUCTS (Not applicable) PART 3 - EXECUTION AND PAYMENT 3.01 MEASUREMENT ' A. Electrical 1. Lump sum B. Contingency: See Specification Section 01021, "Cash Allowances." 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. i 05104 01025 -2 03 -4465 ' 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 ' 05/04 01025 -3 03 -4465 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. 1.02 PROVISIONS FOR THE CONTROL OF DUST A. Sufficient precautions shall be taken during construction to minimize the amount of dust created. Wetting down the site may be required or as directed by the Engineer to prevent dust as a result of vehicular traffic. 1.03 SALVAGE A. Any existing equipment or material, including but not limited to, valves, pipes, fittings, couplings, etc., which is removed or replaced as a result of construction under this project may be designated as salvage by the Engineer or Owner and if so shall be excavated, if necessary, and delivered to the Owner by a location directed by the Owner. Any equipment or material not worthy of salvaging, as directed by the Owner, shall be disposed of by the Contractor at a suitable location. 1.04 MAINTENANCE OF EXISTING WATER AND WASTEWATER FACILITIES OPERATION A. The Contractor shall take notice that existing water and wastewater facilities are operated in the construction area. It is the responsibility of the Contractor to contact the Owner's utility operator and ascertain the extent of any specific service area. B. The Contractor shall fully cooperate at all times with the Owner in order to maintain the operation of the existing facilities with the least amount of interference and interruption possible. Continuous service, public health and safety considerations shall exceed all others and the Contractor's schedule, plans and work shall at all times be subject to alteration and revision if necessary for above considerations. 1 01104 01030 -1 03 -4465 Ll n 1 I r7 i C. The Engineer and Owner reserve the right to require the Contractor to work 24 hours per day in all cases where, in their opinion, interference with operation of the system may result. D. In no case will the Contractor be permitted to interfere with the existing system until all materials, supplies, equipment, tools and incidentals necessary to complete the interfering portion of the work are on the site. All existing utilities shall be pothole located prior to construction of conflicting yard piping. 1.05 UTILITY CROSSINGS A. It is intended that wherever existing utilities such as water, chemical, electrical or other service lines must be crossed, deflection of the pipe within recommended limits and cover shall be used to satisfactorily clear the obstruction unless otherwise indicated on the Drawings. However, when in the opinion of the Owner or Engineer this procedure is not feasible he may direct the use of fittings for a utility crossing as detailed on the Drawings. All existing utilities shall be pothole located prior to construction of conflicting yard piping. 1.06 CONNECTIONS TO EXISTING SYSTEMS A. The Contractor shall perform all work necessary to locate, excavate and prepare for connections to the terminus of the existing mains all as shown on the Drawings or where directed by the Owner. The cost of this work and for the actual connection of the existing mains shall be included in the bid price for the pipe installation and shall not result in any additional cost to the Owner. 1.07 RELOCATIONS A. The Contractor shall be responsible for the relocation of structures, including but not limited to light poles, signs, sign poles, fences, piping, irrigation conduits and drains that interfere with the positioning of the work as set out on the Drawings. The cost of all such relocations shall be included in the bid for the project and shall not result in any additional cost to the Owner. 1.08 WARRANTIES 05114 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. 01030 -2 03 -4465 B. The equipment shall be warranted to be free from defects in workmanship, design and materials. If any part of the equipment should fail during the warranty period, it shall be replaced in the machine(s) and the unit(s) restored to service at no expense to the Owner. C. The manufacturer's warranty period shall run concurrently with the Contractor's warranty or guarantee period. No exception to this provision shall be allowed. The Contractor shall be responsible for obtaining equipment warranties in accordance with Section 01740 from each of the respective suppliers or manufacturers for all the equipment specified under Divisions 11 through 16. D. In the event that the manufacturer is unwilling to provide a one year warranty commencing at the time of Owner acceptance, the Contractor shall obtain from the manufacturer a two (2) year warranty commencing at the time of equipment delivery at the job site. 1.09 HURRICANE PREPAREDNESS PLAN A. Within thirty days of the date of Notice to Proceed, the Contractor shall submit to the Engineer and Owner a Hurricane Preparedness Plan. The plan should outline the necessary measures which the Contractor proposes to perform at no additional cost to the Owner in case of a hurricane warning. The plan shall detail these measures with specific action items defining responsible personnel. B. In the event of inclement weather, or whenever Engineer shall direct; Contractor will cause Subcontractors to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of Contractor or any Subcontractor to so protect the Work, such Work and materials shall be removed and replaced at the expense of the Contractor. 1.10 DISINFECTION A. The Contractor shall clean, disinfect and bacteriologically test and clear, in accordance with the latest edition of the Florida Administrative Code (FAC) and Section 01721, all water supply facilities affected by this project which shall come into contact with water being treated or treated water prior to placing the facility in operation. The above statement shall apply to both new facilities installed, and existing facilities which are to be modified. B. The Contractor shall employ a disinfection method approved by the Engineer and Owner, and shall fully satisfy the Owner that adequate disinfection has been achieved prior to placing a facility on line. 05/04 01030 -3 03 -4465 1.11 EQUIPMENT, TESTING & INSPECTION A. Regardless of the number of days specified in the individual sections for the manufacturers representative to be present on the site for inspection and testing, if the equipment fails to perform as specified then the representative shall remain on site until the malfunction is corrected and the Owner received specified days of inspection or testing. B. The cost for the additional days required shall not be added to the cost of the Owner, but shall be to the account of the Contractor. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION 05/04 01030 -4 03 -4465 SECTION 01100 ALTERNATES PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. This section identifies procedures for proposing Alternates, and describes the basic changes to be incorporated into the Work, only when that Alternate is made a part of the Work by specific provisions in the Owner - Contractor Agreement. 1.02 RELATED REQUIREMENTS A. Bidding Documents: Method of quotation of the cost of each Alternate, and the basis of the Owner's acceptance of Alternates. B. Owner - Contractor Agreement: Incorporation of Alternates into the Work. C. Sections of the Specifications as listed under the respective Alternates. D. Referenced sections of Specifications stipulate pertinent requirements for products and methods to achieve the work stipulated under each Alternate. E. Coordinate pertinent related work and modify surrounding work as required to properly integrate the work under each Alternate, and to provide the complete construction required by Contract Documents. 1.03 PROCEDURES A. Alternates will be exercised at the option of the Owner. B. Coordinate related work and modify surrounding work as required to complete the Work, including changes under each Alternate, and to provide the complete construction required by Contract Documents. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION (Not Used) END OF SECTION 05/04 01100 -1 03 -4465 1 !I u t 1 J L, 1 1 r 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, 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. The Contractor shall submit two (2) copies of shop drawings or other data to the Engineer plus the number the Contractor desires to be returned. For electrical or irrigation submittals, the Contractor shall submit four copies plus the number desired to be returned. C. Within thirty (30) calendar days after the effective date of the Agreement, the Contractor shall submit to the Engineer a complete list of preliminary data for which Shop Drawings are to be submitted. Included in this list shall be the names of all proposed manufacturers furnishing specific items. Review of this list by the Engineer shall in no way expressed or implied relieve the Contractor from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Specifications. This procedure is required in order to expedite final review of Shop Drawings. D. 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. 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. 05/04 01340 -1 03 -4465 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1.02 RELATED REQUIREMENTS A. Document 00700: Standard General Conditions of the Construction Contract B. Section 01720: Project Record Documents 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 1 01104 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 will be returned to the Contractor for conformance with this requirement. Shop drawings shall indicate any deviations in the submittal from requirements of the Contract Documents. B. Determine and verify: 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 two (2) copies of descriptive or product data submittals to complement shop drawings for the Engineer plus the number of copies which the Contractor requires. The Engineer will retain two (2) 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. 01340 -2 03 -4465 n L_ _l 1 I it 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 05114 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 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. G. The Engineer will review a submittal /resubmittal a maximum of two (2) 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. 01340 -3 03 -4465 r it 1 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. 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 05/04 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, proper adjustment in the Contract shall be implemented where appropriate. If the Contractor fails to describe such variations he shall not be relieved of the responsibility for executing the work in accordance with the Contract, even though such drawings have been reviewed. 01340 -4 03 -4465 rE. Data on materials and equipment include, without limitation, materials and equipment lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction and similar descriptive material. Materials and equipment lists shall give, for each item thereon, the name and location of the supplier or manufacturer, trade name, catalog reference, size, finish and all other pertinent data. F. For all mechanical and electrical equipment furnished, the Contractor shall provide a list including the equipment name, address and telephone ' number of the manufacturer's representative and service company so that service and spare parts can be readily obtained. In addition, a maintenance and lubrication schedule for each piece of equipment shall be submitted along with each shop drawing submittal. ' G. All manufacturers or equipment supplier who propose to furnish equipment or products under Divisions 11, 12, 13, 14, 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 indentical equipment has been installed and has been in operation for a period of at least one (1) year. H. Only the Engineer will utilize the color "red" in marking Shop Drawing submittals. I. Before final payment is made, the Contractor shall furnish to Engineer two (2) sets of record shop drawings all clearly revised, complete and up to ' date showing the permanent construction as actually made for all reinforcing and structural steel, miscellaneous metals, process and mechanical equipment, yard piping, electrical system, and instrumentation system. 1.06 WORKING DRAWINGS A. When used in the Contract Documents, the term "working drawings" shall be considered to mean the Contractor's plans for temporary structures such as temporary bulkheads, support of open cut excavation, support of utilities, ground water control systems, forming and false -work; for underpinning; and for such other work as may be required for construction, but does not become an integral part of the project. B. Copies of working drawings as noted in subparagraph 1.06A above, shall rbe 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 rtheir being required for work. 05/04 01340 -5 03 -4465 t Ll L 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 05/04 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.) 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. 01340 -6 03 -4465 E. Approved samples not destroyed in testing shall be sent to the Engineer or stored at the site of the work. Approved samples of the hardware in good condition will be marked for identification and may be used in the work. Materials and equipment incorporated in work shall match the approved samples. Samples which failed testing or were not approved samples will be returned to the Contractor at his expense, if so requested at time of submission. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 05/04 01340 -7 03 -4465 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. Testing is to be included in the bid price. 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 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 01410 -1 03 -4465 ' 1.04 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to Work and pay for testing. B. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other materials mixes which require control by the testing laboratory. D. Materials and equipment used in the performance of work under this Contract are subject to inspection and testing at the point of manufacture or fabrication. Standard specifications for quality and workmanship are indicated in the Contract Documents. The Engineer may require the Contractor to provide statements or certificates from the manufacturers and fabricators that the materials and equipment provided by them are manufactured or fabricated in full accordance with the standard specifications for quality and workmanship indicated in the Contractor Documents. All costs of this testing and providing statements and certificates shall be a subsidiary obligation of the Contractor, and no extra charge to the Owner shall be allowed on account of such testing and certification. E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested 2. To obtain and handle samples at the Project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples F. Notify laboratory sufficiently in advance of operations to allow for laboratory assignment of personnel and scheduling of tests. G. Employ and pay for the services of the same or a separate, equally qualified independent testing laboratory to perform additional inspections, sampling and testing required for the Contractor's convenience. H. Provide the Engineer with a copy of all test and reports. 1.05 TYPES OF TEST REQUIRED 05104 A. Density tests for trench backfill at the rate of three tests per lift in 1,000 feet of trench. 01410 -2 03 -4465 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 05/04 01410 -3 03 -4465 t SECTION 01532 TREE AND PLANT PROTECTION PART 1 - GENERAL 1.01 SCOPE OF WORK A. Provide all equipment and materials, and do all work necessary to protect existing trees and plants from damage as a result of the contractor's operations. 1.02 RELATED WORK A. Section 02210 - Fine Grading B. Section 02481 - Shrub and Tree Relocation C.. Section 02490 - Trees, Plants and Groundcover 1.03 REFERENCED STANDARDS A. Comply with applicable requirements of the following standards. Where these standards conflict with other specified requirements, the most restrictive requirements shall govern. 1. International Society of Arboriculture (ISA): Guide for establishing values of trees and other plants. 1.04 SUBMITTALS A. Proposed methods, materials to be employed, and schedule for effecting tree and plant protection shall be submitted for approval. 1.05 DAMAGE PENALTIES A. Certain specimen trees adjacent to construction areas and in other key locations will be identified by the Owner and the Landscape Architect, and marked with red tags. Loss or damage to these trees will result in ' replacement with equal canopy. Trees or plants not scheduled for demolition that are damaged by the Contractor, shall be replaced with like material at no additional cost to the Owner. B. If any trees or shrubs designated to be saved are damaged and replacement is required, a number and diameter of trees or shrubs of the same species and variety, as specified by the Owner and Architect, shall ' be furnished and planted by the Contractor. The total inch diameter of the replacement trees or shrubs shall equal the diameter of the tree of shrub to be replaced. The Contractor shall not be liable for any loss or damage which occurs while the Contractor is complying with instructions given by the Owner, Landscape Architect, or Arborist working of the project. 05/04 01532 -1 03 -4465 ' PART 2 PRODUCTS 2.01 TREE PROTECTION FENCING ' A. Tree protection fencing shall be mesh 6 ft. high minimum, with 4 "x4 "x6' pressure treated wood posts. B. Posts shall be spaced 1Oft. o.c. maximum. C. Fencing other than that specified above shall be subject to the approval of the Architect. PART 3 EXECUTION ' 3.01 INSTALLATION OF FENCING A. Prior to start of demolition work and clearing and grubbing operations, tree protection fencing shall be installed in accordance with the following: 1. Fencing shall be installed at the tree protection areas as directed by the Landscape Architect. 2. Fencing shall be located along the cut and fill lines staked by the project surveyor and approved by the Architect and Owner. ' 3.02 ROOT PRUNING A. Where construction will be in close proximity to existing trees designated to remain, roots shall be pruned. Proximity shall be as determined in the field by the Architect. Root pruning shall be performed as specified in Section 02490 TREES, PLANTS AND GROUND COVERS. ' 3.03 CLEARING WITHIN PROTECTION AREAS A. Selective clearing within tree protection areas shall only be performed ' when and as directed by the Architect. 3.04 REMOVAL OF PROTECTION ' A. Except as otherwise indicated or requested by Architect, temporary protection devices and facilities installed during course of the work shall ' be removed only after all work which may injure or damage trees and plants is completed. I END OF SECTION 05/04 01532 -2 03 -4465 t SECTION 01570 TRAFFIC REGULATION PART 1 - GENERAL 1.01 DESCRIPTION: The Work to be performed under this section shall include furnishing all materials and labor necessary to regulate vehicular and pedestrian traffic. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards. A. Local, county and municipal codes. B. Florida Department of Transportation Specifications (DOT) PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS: A. Emergency Vehicles: No multi - family residence, apartment, commercial building or place of employment shall be without access to emergency vehicles. 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 05/04 END OF SECTION 01570 -1 03 -4465 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDE A. Material and equipment incorporated into the Work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type, and qualify specified, or as specifically approved in writing by the Engineer. 3. Manufactured and Fabricated Products: a. Design, fabricate and assemble in accord with the best engineering and shop practices. b. Manufacture like part of duplicate units to standard sizes and gauges, to be interchangeable. C. Two or more items of the same kind shall be identical, by the same manufacturer. d. Products shall be suitable for service conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or is specified. 1.02 RELATED REQUIREMENTS A. Document 00700: Conditions of the Contract B. Section 01010: Summary of Work C. Section 01030: Special Project Procedures D. Section 01340: Shop Drawings, Working Drawings and Samples E. Section 01720: Project Record Documents F. Section 01740: Warranties and Bonds 05/04 01600 -1 03 -4465 1.03 APPROVAL OF MATERIALS A. Only new materials and equipment shall be incorporated in the work. All materials and equipment furnished by the Contractor shall be subject to the inspection and approval of the Engineer. No material shall be delivered to the work without prior approval of the Engineer. B. Within 30 days after the effective date of the Agreement, the Contractor shall submit to the Engineer, data relating to materials and equipment he proposes to furnish for the work. Such data shall be in sufficient detail to enable the Engineer to identify the particular product and to form an opinion as to its conformity to the specifications. The data shall comply with Paragraph 1.07 of this Section. C. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by the Contractor. If the Engineer requires, either prior to beginning or during progress of the work, the Contractor shall submit samples of materials for such special tests as may be necessary to demonstrate that they conform to the specifications. Such samples shall be furnished, stored, packed, and shipped as directed at the Contractor's expense. Except as otherwise noted, the Owner will make arrangements for and pay for the tests. D. The Contractor shall submit data and samples sufficiently early to permit consideration and approval before materials are necessary for incorporation in the work. Any delay of approval resulting from the Contractor's failure to submit samples or data promptly shall not be used as a basis of claim against the Owner or the Engineer. E. In order to demonstrate the proficiency of workmen or to facilitate the choice among several textures, types, finishes, and surfaces, the Contractor shall provide such samples of workmanship or finish as may be required. F. The materials and equipment used on the work shall correspond to the approved samples or other data. 1.04 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION A. When Contract Documents require that installation of work shall comply with manufacturer's printed instruction, obtain and distribute copies of such instructions to parties involved in the installation, including copies to the Engineer. 1. Maintain one set of complete instructions at the job site during installation and until completion. 05/04 01600 -2 03 -4465 u' k 1 [I 1 1 1 1 1 1 1 1 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 A. The Contractor shall furnish a covered, weather - protected storage structure providing a clean, dry, noncorrosive environment for all mechanical equipment, valves, electrical and instrumentation equipment, and special equipment to be incorporated into this project. Storage of equipment shall be performed to allow easy access and be in strict accordance with the "instructions for storage" of each equipment supplier and manufacturer including weather /humidity protection, connection of heaters, placing of storage lubricants in equipment, blocking, or skid storage, etc. Corroded, damaged or deteriorated equipment and parts shall be replaced before acceptance of the project. Equipment and materials not properly stored will not be included in a payment estimate. B. Store Products in accord with manufacturer's instructions, with seals and labels intact and legible. 1. Store products subject to damage by the elements in weather -tight enclosures. 2. Maintain temperature and humidity within the ranges required by manufacturer's instructions. 3. Store fabricated products above the ground on blocking or skids, prevent soiling or staining. Cover products which are subject to 01600 -3 03 -4465 t 1 rI L� 05/04 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. C. All materials and equipment to be incorporated in the work shall be handled and stored by the Contractor before, during, and after shipment in a manner to prevent warping, twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any kind whatsoever to the material or equipment. D. Cement, sand, and lime shall be stored under a roof and off the ground and shall be kept completely dry at all times. All structural and miscellaneous steel, and reinforcing steel shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and to minimize rusting. Brick, block and similar masonry products shall be handled and stored in a manner to reduce breakage, chipping, cracking, and spalling to a minimum. E. Moving parts shall be rotated a minimum of once weekly to insure proper lubrications and to avoid metal -to -metal "welding ". Upon installation of the equipment, the Contractor shall start the equipment, at least half load, once weekly for an adequate period of time to insure that the equipment does not deteriorate from lack of use. F. All materials which, in the opinion of the Engineer, have become so damaged as to be unfit for the use intended or specified shall be promptly removed from the site of the work, and the Contractor shall receive no compensation for the damaged material or its removal. G. Arrange storage in a manner to provide easy access for inspection. Make periodic inspections of stored Products to assure that Products are maintained under specific conditions, and free from damage or deterioration. H. Provide substantial coverings as necessary to protect installed products from damage from traffic and subsequent construction operations. Remove covering when no longer needed. 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. J. Should the Contractor fail to take proper action on storage and handling of equipment supplied under this Contract within seven days after written notice to do so has been given, the Owner retains the right to correct all 01600 -4 03 -4465 deficiencies noted in previously transmitted written notice and debut the cost associated with these corrections from the Contractor's Contract. These costs may be comprised of expenditures for labor, equipment usage, administrative, clerical, engineering and any other costs associated with making the necessary corrections. 1.07 SUBSTITUTIONS AND PRODUCT OPTIONS A. 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. 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. B. Substitutions: 1. For a period of 30 days after the effective date of the Agreement, the Engineer will consider written requests from Contractor for substitution of Products. 2. Submit a separate request for each Product, supported with complete data, with drawings and samples as appropriate, including: a. Comparison of the qualities of the proposed substitution with that specified b. Changes required in other elements of the work because of the substitution C. Effect on the construction schedule d. Cost data comparing the proposed substitution with the Product specified e. Any required license fees or royalties f. Availability of maintenance service, and source of replacement materials 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. C. Contractor's Representation: 1. A request for a substitution constitutes a representation that Contractor: 05/04 01600 -5 03 -4465 f 1 L' 1 L� 1 1 1 t 1 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. D. The Engineer will review requests for substitutions with reasonable promptness, and notify Contractor, in writhing, of the decision to accept or reject the requested substitution. 1.08 SPECIAL TOOLS A. Manufacturers of equipment and machinery shall furnish any special tools (including grease guns or other lubricating devices) required for normal adjustment, operations and maintenance, together with instructions for their use. The Contractor shall preserve and deliver to the Owner these tools and instructions in good order no later than upon completion of the Contract. 1.09 STORAGE AND HANDLING OF EQUIPMENT ON SITE A. Because of the long period allowed for construction, special attention shall be given to the storage and handling of equipment on site. As a minimum, the procedure outlined below shall be followed: 1. Equipment shall not be shipped until approved by the Engineer. The intent of this requirement is to reduce on -site storage time prior to installation and /or operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the Engineer unless it is to be stored as specified in Paragraph 1.06 herein upon arrival. 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 05/04 01600 -6 03 -4465 1 1 1 1 1 [l 1 L 7 1.10 WARRANTY 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. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. Mechanical equipment to be used in the work, if stored for longer than ninety (90) days, shall have the bearings cleaned, flushed and lubricated prior to testing and start up, at no extra cost to the Owner. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. A. For all major pieces of equipment, submit a warranty from the equipment manufacturer as specified in the specification section for that equipment, if none is indicated then Section 01030. 1.11 SPARE PARTS A. Spare parts for certain equipment provided under Division 11 through 16 have been specified in the pertinent sections of the Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Engineer. In addition, the Contractor shall furnish to the Engineer an inventory listing all spare parts, the equipment they are 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 05/04 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. 01600 -7 03 -4465 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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) 05/04 END OF SECTION 01600 -8 03 -4465 SECTION 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 01701: Contract Closeout 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. B. File documents and samples in accordance with CSI format number system. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by the Engineer. E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated "record documents" for review by the Engineer and the Owner. 05/04 01720 -1 03 -4465 1 1.04 RECORDING 1 1 1 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 1.05 SUBMITTAL 1 1 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 01720 -2 03 -4465 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 05/04 01720 -3 03 -4465 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 16050 ELECTRICAL PART 1 -GENERAL 1 .01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required for a complete electrical system for the Oceanfront Park Improvements located within the City of Sunny Isles, Florida, 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. 05/04 160501 -1 03 -4465 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 stem as herein specified and shown p g Y p 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 one new metered service 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. Alex Martinez, phone (305) 770 -7928. 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. I a 1 1 I Pay all fees required for permits and inspections including any charges associated with the service modifications. 1.04 TESTS 1 05/04 Ll 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. 160501 -2 03 -4465 1 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 g enable the City to have designated personnel present. 1.05 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 provided for a complete raceway installation. 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 necessary to complete the work in an approved manner. 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. 05/04 160501 -3 03 -4465 t t I C The ratings of electrically operated devices together with the size shown for their branch 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. 1.06 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. 1.07 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. Panelboard 4. Wire & cable 5. Pull Boxes 6. Landscape light fixture 7. Receptacles C. The Manufacturer's name and product designation and catalog cutsheets shall be submitted for the following material: 1. Conduit 2. Boxes and fittings 3. Control relays 4. Precast Concrete Pull Boxes 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 05/04 160501 -4 03 -4465 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. t f] t No material shall be ordered or shop work started until the Engineer's approval of shop drawings has been given. 1.08 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 to 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 expense of the CONTRACTOR, or shall be replaced by the CONTRACTOR at his own expense. 1 05/04 160501 -5 03 -4465 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 conduits shall be Schedule 80 PVC. Burial depth shall be in accordance with the NEC. 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 05/04 A. Rating 1. Panelboard ratings shall be as shown on the Drawings. All panelboards 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, wire 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. 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. 160501 -6 03 -4465 4. A nameplate shall be provided listing panel type, number of circuit breakers and ratings. 1 1 . The trims shall be fabricated from code gauge sheet steel. 1 12. All exterior and interior surfaces of the p anelboard shall be stainless steel. 13. All panelboards shall be NEMA 4X stainless steel. D. Manufacturer I 1 . 120/240V, single phase, 3 -wire panelboard shall be manufactured by Square D, or approved equal. IE. 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. 05/04 160501 -7 03 -4465 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 panelboards. 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 ' panel trims. 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. 1 12. All exterior and interior surfaces of the p anelboard shall be stainless steel. 13. All panelboards shall be NEMA 4X stainless steel. D. Manufacturer I 1 . 120/240V, single phase, 3 -wire panelboard shall be manufactured by Square D, or approved equal. IE. 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. 05/04 160501 -7 03 -4465 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. 2.05 UNDERGROUND SYSTEM A. Materials 1 . Ducts shall be polyvinyl chloride (PVC Schedule 80) 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 type, designed for a Class H2O wheel load. Precast pullboxes shall be as manufactured by Brooks Products Co., or approved equal. 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. 1 . All ducts shall be rodded and a mandrel drawn through followed by a swab to clean out any obstructions which may cause cable abrasions. The mandrel shall be 12 inches in length and the diameter '/2 -inch less than the inside diameter of the duct. 2. Spare ducts shall be plugged and sealed watertight at all pullboxes. 05/04 160501 -8 03 -4465 3. Ducts in use shall be sealed watertight at all pullboxes. Sealant shall be foam type. 4. All joints shall be made so as to prevent the passage of concrete inside the conduit to form obstructions or cause cable abrasions. 5. Pullbox covers in all areas shall finish 3- inches above crown of adjacent ground elevation. 6. 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 1 05/04 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 901) bends will be permitted between outlets, the bends at the outlets being counted. 160501 -9 03 -4465 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 901) bends will be permitted between outlets, the bends at the outlets being counted. E. Raceways shall be properly aligned, grouped and supported. Exposed raceways shall be installed at the right angles to or parallel to the principal 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 a to the building structure using material in no way inferior to that originally installed and using labor skilled in the trades involved. 1 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 1 04/04 16050 -10 03 -4115 D. Except where otherwise approved by the Engineer no splices will be allowed in manholes, handholes or other below grade located boxes. ' 3.04 GROUNDING A. The entire electrical system shall be completely and effectively grounded as ' required by the NEC and as specified hereinafter. B. All metallic raceways shall be mechanically and electrically secure at all joints 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. ' 3.05 CONDUCTOR COLOR CODING 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. B. The following system of color coding shall be strictly adhered to: 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 1 05/04 160501 -11 03 -4465 SECTION 00900 Addendum No. 1 (June 10, 2004) to Contract documents CITY OF SUNNY ISLES BEACH SUNNY ISLES SAMSON OCEANFRONT PARK LANDSCAPE CGA PROJECT NO. 03 -4465 CITY OF SUNNY ISLES BEACH BID NO. 04 -05 -01 To All Bidders: Bidders for the above - referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. IN THE CONTRACT SPECIFICATIONS: In Document 00020, change the bid opening date to Monday, June 21, 2004. This is to change the date for receiving and opening of bids. Sealed bids will be received by the City Clerk until 10:00 am on Monday, June 21, 2004 and after that time bids will be opened and read aloud. Change scope to include directional boring per the attached drawing. END OF SECTION 05/04 900 -1 03 -4465 0 0 0 2 - 3 /a.._- ,'4,le. 2w1O,1NIOGND -1" L1 -6 -s V� 2g,o.2k10N.1#10GNp -1° O • • 1#8,1#8GND-1 11-1,3 10-3/4" -2 JIFECTONAL BORE (IYP.) Q Q 1� PRECAS? CC N .ATE PVLLEOY., SEE DETAIL in \ ( P9 -1 31I1C. 2#10 N A 1 #10 GND -,° z Lt -12.14 El?(FE A FUTURE, O SEE DE'A(l ;TYP -AL) v L1 -4 L1 -� RECEPTACLE % j1- Z,4J,OCNi� -1" 1, SEE L`.ErAlL (TYPICAL) L1 -11 � pIRECTIONA_ �� ^.� - R� � O AN 2# EGNO 2#8 & 1N5 GND-3/4" ("KT. a-15) ELECTRICAL PLAN VIEW SCnLC ,' - sp' -,p„ Q#&Swd o bm SUNNY ISLES -- o° madwWo °� °°° OCEANFRONT PARK ftgt �"�` 05cm m am Lighting Improvements FEW El�L1 Llmaical DAylon A =_uci�i;; a,a q A[� AL !•R ,m FM LA211I Malin amt, "Oe M") ru T!' ��W flp �� lr b� LLLUW W I I PL R.M. PL a t ADDENDUM 1 SK -E1