HomeMy WebLinkAboutSpecificationsSJNNY S�F
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CITY OF SUNNY ISLES BEACH
FENCING AND CURBING IMPROVEMENTS
Prepared by:
Calvin, Giordano #& Associates, Inc.
Engineers Surveyors Planners
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
Phone: 954.921.7781 Fax: 954.921.8807
CGA Project No. 03 -4138
City of Sunny Isles Beach Bid No. 04 -12 -01
December 2004 SETIO
FOR BIDDING PURPOSES ONLY
CITY OF SUNNY ISLES BEACH
FENCING AND CURBING IMPROVEMENTS
Contract Documents
and
Specifications
Calvin, Giordano V' Associates, Inc
Engineers Surveyors Planners
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
Phone: 954.921.7781 Fax: 954.921.8807
CGA Project No. 03 -4138
City of Sunny Isles Beach Bid No. 04 -12 -01
December 2004
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TABLE OF CONTENTS
Fencing and Curbing Improvements
CGA Project No. 03 -4138
City of Sunny Isles Beach Bid No.04 -12 -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
Perfonnance Bond
00650
Acknowledgment of Conformance with O.S.H.A. Standards
00700
General Conditions
00800
Supplementary Conditions
00900
Addenda
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
01010
Summary of Work
01025
Measurement and Payment
01030
Special Project Procedures
01045
Cutting and Patching
01050
Field Engineering
01090
References
01152
Applications for Payment
01200
Project Meetings
01310
Construction Schedules
01340
Shop Drawings, Working Drawings, and Samples
01370
Schedule of Values
01410
Testing and Testing Laboratory Services
01505
Control of Work
01510
Temporary Utilities
01532
Tree and Plant Protection
01540
Security
01550
Site Access and Storage
01600
Material and Equipment
01700
Project Closeout
01710
Cleaning
01720
Project Record Documents
01730
Operating and Maintenance Data
01740
Warranties and Bonds
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03 -4138
DIVISION 2 - SITEWORK
02100
Site Preparation
02200
Earthwork
02210
Fine Grading
02444
Fencing
02481
Shrub and Tree Relocation
02484
Soil Preparation and Soil Mixes
02487
Sodding
02490
Trees, Plants, and Groundcover
DIVISION 3 — CONCRETE
03300 Cast -in -Place Concrete
DIVISION 4 — 16
Not Applicable
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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.
Fencing and Curbing Improvements
CGA Project No. 03 -4138
City of Sunny Isles Beach Bid No. 04 -12 -01
Sealed bids for the construction of a Fencing System consisting of furnishing and installing a six -
foot (6') high black metal picket fence to include reconstruction of curb and gutters will be
received by the Owner, City of Sunny Isles Beach.
Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be
received by the City Clerk until 10:00 a.m., on Monday, January 20, 2005 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. Partial
sets of Bidding Documents will not be available.
Bidding Documents may be examined at the City of Sunny Isles Beach, at the above referenced
address.
Bid security in the amount of five percent (5 %) of the Total Bid or $5,000.00, whichever is less,
must accompany the Bid in accordance with the Instructions to Bidders.
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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: December 23, 2004
END OF DOCUMENT
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INSTRUCTIONS TO BIDDERS
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.
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. Fencing and Curbing Improvements
CGA Project No.: 03 -4138
City of Sunny Isles Beach Bid No.: 04 -12 -01
EXAMINATION OF DOCUMENTS AND SITE
3.1 Bidders shall visit the site of the proposed work and become familiar with the nature and
extent of work to be performed and local conditions that may affect the work.
3.2 The Bidding Documents were prepared to present an essentially accurate representation
of existing conditions, interpreted from available information on the site. The Bidder is
not relieved, however, of the responsibility of becoming fully informed as to existing
conditions at the site.
3.3 Bidders shall examine existing site improvements, and conditions, utilities, and streets to
determine all conditions, which will affect the Work.
00100 -1 03 -4138
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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.
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.
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6.4 It shall be a requirement of this bid that there are no related party transactions between
the bidder and any employee, agent or contractor of the City of Sunny Isles Beach. Any
' bidder who is a related party, as noted herein, will be considered non - responsive and the
proposal and bid bond will be immediately returned. A bidder will be considered a
related party if the bidder has an ownership interest or is in any way related to an
' employee, agent, consultant or contractor of the City, is a sub - consultant of an employee,
agent, consultant or contractor, and can influence the management or operating policy of
the other to an extent that one of the transacting parties might be prevented from fully
pursuing its own separate interests.
' 7. PERFORMANCE OF WORK BY CONTRACTOR:
'
7.1
The Contractor shall perform on the site and with his own forces, work equivalent to at
least forty percent (40 %) of the total amount of work to be performed under this contract.
After the contract is awarded, and during the progress of the work, the Owner reserves
'
the right to reduce the percentage of work performed by the contractor's own forces.
8. BID PREPARATION
8.1
Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled
in by typewriter or written in ink.
'
8.2
State total base bid amount in both words and figures. In case of a discrepancy between
the two, the amount written in words shall govern.
'
8.3
Bids shall include the legal name and address of the Bidder and indicate whether the
Bidder is a sole proprietor, a partnership, a corporation, or other legal entity.
'
a. Individual - provide name and post office address.
b. Partnership - provide name and post office address of each member of the
partnership.
'
C. Corporation - provide name and post office address of person signing the form
and legal evidence of his authority to do so; names and addresses of the
corporation president, secretary and treasurer; name of state where chartered; and
'
affixed with the seal of the corporation, attested by the secretary.
8.4
Bids shall include documentation required by the Florida "Trench Safety Act." The
Trench Safety Act form is included within the Bid Form Section for completion by the
'
Contractor and review by the Owner. The unit prices presented in the Bid shall include
the Bidders cost of compliance with the applicable trench safety standards.
'
8.5
All Unit Price Bids requested on the Bid Form shall be bid.
9. BID SUBMITTAL
'
9.1
Submit one copy of the Bid Form, the bid security, the list of Subcontractors, and other
requested attachments, enclosed in a sealed opaque envelope, addressed to the entity
'
receiving the bids as stated in the Advertisement for Bids. The envelope shall be further
identified with the Project name, the Bidder's name and address, and the words "BID
ENCLOSED ".
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' 9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids
indicated in the Advertisement for Bids. Bids received after the time and date indicated
' for receipt of Bids will be returned unopened.
10. BID SECURITY
'
10.1
Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank
in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an
amount of five percent (5 %) of the amount of the total Bid or $5,000.00, whichever is
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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.
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10.4
The Owner may retain the bid security of those Bidders to whom an award may be
considered until successful execution of the Contract and bonds; or the specified time for
holding bids has elapsed; or all Bids have been rejected.
'
11. MODIFICATION AND WITHDRAWAL OF BID
11.1
Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not
'
resubmit it. Bids may not be modified after submittal.
11.2
After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90
'
days after the time and date designated for the receipt of bids.
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.
t13.
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.
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' 14. LIQUIDATED DAMAGES
' 14.1 The Owner may incur financial loss if the Work is not substantially complete by the date
set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated
damages in accordance with the Supplementary Conditions and the Agreement.
' 15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
15.1 With the execution and delivery of the Contract, the Bidder shall furnish the following
' Surety bonds of the forms contained herein:
a. Performance Bond guaranteeing full and faithful execution of the Work in an
' amount equal to 100 percent of the Contract Sum, and including guaranteed
repair and maintenance of all defects due to faulty materials and workmanship
that appear within one year after completion of contract.
' b. Labor and Material Payment Bond guaranteeing full and proper protection of all
claimants supplying labor and materials in the Work in an amount equal to 100
percent of the Contract Sum.
15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and
listed on the latest U.S. Treasury Department list of companies holding certificates of
authority as acceptable sureties on Federal Bonds.
15.3 Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto
a certified and current copy of Power of Attorney, indicating the monetary limit of such
power.
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a Surety Company
of recognized standing, authorized to do business in the State of Florida and having been
in business with a record of successful continuous operation for at least (5) years.
In addition to the above — minimum qualifications, the Surety Company must meet the
following additional qualifications.
1. The City will accept a surety bond from a company with a rating of B++ or better
for bonds up to $1 million, provided, however, that if any Surety Company
appears on the watch list that is published quarterly by Intercom of the Office of
the Florida Insurance Commissioner, the City shall review and either accept or
reject the Surety Company based on the financial information available to the
City. A Surety Company that is rejected by the City may be substituted by the
bidder or proposer with a surety company acceptable to the City, only if the bid
amount does not increase.
a. The Surety Company shall have at least the following minimum ratings:
Amount of Bond Policyholder's 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
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03 -4138
' b. All Surety Companies are subject to review and approval by the Owner and may
be rejected without cause. All bonds signed by an Agency must be accompanied
' by a certificate of authority to act.
15.5 The Surety Company shall submit verification from the Department of Insurance Office
' of the Treasurer stating the surety company's license and certificate of authorization to do
business in the State of Florida.
' 16. SUBCONTRACTOR LIST
16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal portions of the
' Work. Submit list on form provided by the Engineer.
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an
' objection to any person or entity listed. Upon such reasonable objection, the Bidder shall
propose an acceptable substitute person or entity in accordance with Article 6.06 of the
General Conditions.
17. BID PROTEST
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.
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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.
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' 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.
' 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
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18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base
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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.
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
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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
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' 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 o£ Fencing System to include curb and gutter reconstruction located in CITY
OF SUNNY ISLES BEACH.
' To: CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
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The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work
and is familiar with the nature and extent of the work and any local conditions that may in any manner
affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding
Documents, in the manner prescribed therein and to the standards of quality and performance established
by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or
combination of items stipulated. Unit price line items shall include cost of implementing all applicable
safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the
sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual
quantities required may increase or decrease. Bidder further agrees that payments will be made on the
basis of actual quantities placed and accepted in the construction
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Fencing and Curbing Improvements
UNIT PRICE BID SCHEDULE
Item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. GENERAL
1 Furnish and Install six -foot (6') high black
metal picket fencing including gates.
2 Remove and dispose existing chain -link fence
3 Furnish and Install Shoulder Gutter
SUBTOTAL GENERAL
4 Mobilization and Demobilization of all
equipment and personnel (10% of Subtotal)
5 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 and Associates, Inc., the
Engineer for the above referenced 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.
GRAND TOTAL GENERAL
(Authorized Signature)
2,310
LF
$
$
592
LF
24
LF
$
$
1
LS
$
$
1
LS
$
$
(Written)
(Date)
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IBID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 50/0 of the bid or
$5,000.00, whichever is less 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 90 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 120 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.
ADDENDA
IBidder acknowledges the receipt of Addendum No.'s
1. ,2. ,3. ,4. ,5.
IDated this day of
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(month) (year)
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
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Contractor:
Address:
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SEAL
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(month) (year)
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
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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):
Fencina Svstem and Curb and Gutter Reconstruction
Citv of Sunnv Isles Beach
BOND
BOND NUMBER:
DATE: (Not later than Bid Due Date):
PENAL SUM:
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
BIDDER SURETY
Bidder's Name and Corporate Seal
By:
Signature and Title
Attest:
(Seal) (Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
Bid Bond 00401 -1 03 -4138
1
1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of
Bidder's bid and the total amount of the bid of the next
lowest, responsible and responsive bidder as determined
by Owner for the Work required by the Contract
Documents, provided that:
1.1. If there is no such next lowest, responsible
and responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2. In no event shall Bidder's and Surety's
obligation hereunder exceed the penal sum
set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing
by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment
bonds required by the Bidding Documents and Contract
Documents.
This obligation shall be null and void if:
3.1. Owner accepts Bidder's bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension thereof
agreed to in writing by Owner) the executed
Agreement required by the Bidding
Documents and any performance and
payment bonds required by the Bidding
Documents and Contract Documents, or
3.2. All bids are rejected by Owner, or
3.3. Owner fails to issue a notice of award to
Bidder within the time specified in the Bidding
Documents (or any extension thereof agreed
to in writing by Bidder and, if applicable,
consented to by Surety when required by
paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days after
receipt by Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default
from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and
including a statement of the amount due.
IBid Bond
5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue
notice of award agreed to in writing by Owner and
Bidder, provided that the total time for issuing notice of
award including extensions shall not in the aggregate
exceed 120 days from Bid Due Date without Surety's
written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of default
required in paragraph 4 above is received by Bidder and
Surety and in no case later than one year after Bid Due
Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be
sent by personal delivery, commercial courier or by
United States Registered or Certified Mail, return receipt
requested, postage pre -paid, and shall be deemed to be
effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who
executed this Bond on behalf of Surety to execute, seal
and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set forth
at length. If any provision of this Bond conflicts with any
applicable provision of this Bond conflicts with any
applicable provision of any applicable statute, then the
provision of said statute shall govern and the remainder
of this Bond that is not in conflict therewith shall
continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer
or proposal as applicable.
00401 -2
03 -4138
' SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
' OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
[print name of the public entity]
' by
[print individual's name and title]
for
' [print name of entity submitting sworn statement]
whose business address is
' and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
' statement: )
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
' business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 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
t 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.
IForm PUR 7068 (Rev. 06/11/92) 00402 -1 03 -4138
' 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
t ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION
CONTAINED IN THIS FORM.
[signature]
' Sworn to and subscribed before me this day of , 20_.
' Personally known
OR Produced identification Notary Public - State of
My commission expires
' (Type of identification)
(Printed typed or stamped
commissioned name of notary public)
IForm PUR 7068 (Rev. 06/11/92) 00402 -2 03 -4138
DOCUMENT 00403
TRENCH SAFETY ACT
(90 -96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price
are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1,
1990. The bidder further identifies the costs of such compliance to be summarized below:
Trench Safety
Measure
(Description)
A.
B.
C.
D.
Unit of Unit Unit Extended
Measure (Quantity) Cost Cost
(LFSF)
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
12/04 00403 -1 03 -4138
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
91
Contractor's Telephone Number:
C'ontractor's License:
Primary Classification:
4. Number of years as a Contractor in construction work of the type involved in this Contract:
5. List the names and titles of all officers of Contractor's firm:
6. Name of person who inspected site or proposed work for your firm:
Name:
Date of Inspection:
7. What is the last project of this nature you have completed?
8. Have you ever failed to complete work awarded to you; if so, where and why?
12/04 00420 -1 03 -4138
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)
H. 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.
12/04 00420 -2 03 -4138
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
2.
3
0
5.
G'lA
7.
8.
9.
10.
NOTE: Attach additional sheets if required.
12/04 00420 -3 03 -4138
' EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
' THIS AGREEMENT is dated as of the day of in the year 20_ by and between
CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and
hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
' is generally described as follows:
1. Construction of a Fencing System consisting of furnishing and installing a six -foot (6') high black
' metal picket fence to include reconstruction of curb and gutters.
' 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 90 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 120
days after the date when the Contract Times commence to run.
' 3.2. recognize that time is of the LIQUIDATED DAMAGES. OWNER and CONTRACTOR reco
Q g
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
1 12/04 00500 -1 03 -4138
1
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.
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 o£ N/A
(use words) 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
tin this paragraph 4.2:
UNIT PRICE WORK
' ESTIMATED UNIT TOTAL
NO. ITEM UNIT QUANTITY PRICE ESTIMATED
' Refer to Exhibit "A" 0
TOTAL OF ALL UNIT PRICES
$
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
' determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.13 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
' CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
tENGINEER, on or about the last day of each month during construction as provided in
12/04 00500 -2 03 -4138
n
paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values
established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.02 of the General Conditions.
90 % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed.
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.
1 12/04 00500 -3 03 -4138
II
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
' Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
' conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)
which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the
General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of
the Supplementary Conditions of the extend of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the
' General Conditions. CONTRACTOR acknowledges that such 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
tTimes 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
Iothers at the site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
' observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
' concerning the Work consist of the following:
8.1. This Agreement (pages 1 to 10, inclusive).
' 8.2. Exhibits to this Agreement (page) inclusive).
1 12/04 00500 -4 03 -4138
1
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 Fencing and Curbing Improvements and consisting
of 2 divisions, as listed in Table of Contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered C 1 through C4, inclusive with
each sheet bearing the following general title: SEE ARTICLE 9
8.9. Addenda , inclusive.
8.10. CONTRACTOR's Bid (pages 00300 -1 through 00300 -2 and Exhibit A, 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.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
12/04 00500 -5 03 -4138
1
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
' any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
' 9.5.1. DRAWINGS
Fencing and Curbing Improvements
' (CGA Project No. 03 -4138)
DESCRIPTION SHEET NO.
Cover Sheet
Bridge Median Fencing and Curbing Plan CI
Collins Avenue Fencing Plan C2
Fencing and Curbing Details C3
Fencing Notes C4
' 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 12/04 00500 -6 03 -4138
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5)
parts. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on , 20_ (which is the Effective Date of the Agreement).
ATTEST:
By
[CORPORATE SEAL] [CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation,
attached
evidence of authority to sign).
12/04 00500 -7 03 -4138
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 --
Lo
CITY OF SUNNY ISLES BEACH, through its
City Commission
By:
Norman S. Edelcup, Mayor
day of ,20 --
Christopher J. Russo, City Manager
day of ,20 --
(CITY SEAL)
12/04 00500 -8 03 -4138
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 , 20_.
(SEAL)
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
My Commission Expires:
Signature
Typed w /Title
Notary Public
20
12/04 00500 -9 03 -4138
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)
(Signature)
(Signature)
Signed and sealed this day of , 20_.
(SEAL)
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
My Commission Expires:
(Typed Name w /Title)
(Typed Name w /Title)
(Typed Name w /Title)
Signature
Typed w /Title
Notary Public
20
12/04 00500 -10 03-4138
Construction Payment Bond
I
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
ICONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
t
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):
Fencing and Curbing Improvements
'
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
'
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
Signature:
Signature:
'
Name and Title:
Name and Title:
CONTRACTOR AS PRINCIPAL
SURETY
'
Company
(Corp. Seal) Company
Signature:
Signature:
Name and Title:
Name and Title:
1
1
00600 -1
'EJCDC
No. 1910 -21B (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 -4138
1. The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by
reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all claims,
demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the
Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered defense of
such claims, demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described
in Paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party to
whom the materials were furnished or supplied or for whom
the labor was done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
paragraph 12) and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to the
Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the
Contractor or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within
45 days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Contractor in the performance of the Construction Contract
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the
work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to relate subcontracts, purchase orders
and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the work
or part of the work is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by Subparagraph 4.1 or
Clause 4.2 (iii), or (2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished by anyone under the
construction Contract, whichever of (1) or (2) first occurs. If the provisions of
this Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice
by Surety, the Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the
signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory
or other legal requirement shall be deemed incorporated herein. The intent is,
that this Bond shall be construed as a statutory bond and not as a common law
bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to furnish
labor, materials or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in the Construction Contract, architectural
and engineering services required for performance of the work of
the Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
00600 -2 03 -4138
tEJCDC 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.
Construction Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
ICONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
(Corp. Seal)
(Corp. Seal)
03 -4138
'
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):
Fencing and Curbing 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:
Signature:
Name and Title:
Name and Title:
CONTRACTOR AS PRINCIPAL
SURETY
Company
(Corp. Seal) Company
'
Signature:
Signature:
Name and Title:
Name and Title:
00601 -1
EJCDC No. 1910 -21A (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 -4138
1
r
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 03 -4138
'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.
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 "Fencing and Curbing 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
12/04 00650 -1 03 -4138
�a
I
This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
This document has been approved and endorsed by
0
The Associated General w e - Contractors of America
Construction Specifications Institute
i�P
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)
ENGINEERS JOINT CONTRACT DOCUMENT'S COMMTI-rEE
and
Ali Issued and Published Jointly By
National Society of
AM
CV41. Professional Engineers
'
AMERICAN CONSULTING Professional Engineers In Private Practice AMERICAN SOCIETY OF
CIVIL ENGINEERS
ENGINEERS COUNCIL
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
0
The Associated General w e - Contractors of America
Construction Specifications Institute
i�P
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
s
1
1
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
TABLE OF CONTENTS
Pace
'
ARTICLE 1 -
1.01
DEFINITIONS AND TERMINOLOGY ...... ............................... 00700-6
Defined Terms .................... ............................... 00700-6
1.02
Terminology ...................... ...............................
00700-8
'
ARTICLE 2 -
2.01
PRELIMINARY MATTERS ............. ...............................
Delivery of Bonds .................. ...............................
00700 -9
00700-9
2.02
Copies of Documents ............................ . . . ................
00700-9
2.03
Commencement of Contract Times; Notice to Proceed ..........................
00700-9
2.04
Starting the Work .................................................
...............
00700-9
'
2.05
Before Starting Construction ...............................
. 00700-9
2.06
Preconstruction Conference ........... ...............................
00700- 10
2.07
ARTICLE 3 -
Initial Acceptance of Schedules ......... ...............................
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................
00700- 10
00700- 10
3.01
Intent ......................... ...............................
00700 - 10
3.02
3.03
Reference Standards ............... ...............................
Reporting and Resolving Discrepancies .... ...............................
00700- 10
00700- 11
3.04
Amending and Supplementing Contract Documents ...........................
00700- 11
3.05
Reuse of Documents ................ ...............................
00700- 11
ARTICLE 4 -
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS ............... ...............................
00700- 11
4.01
Availability of Lands ............... ...............................
00700- 11
'
4.02
4.03
Subsurface and Physical Conditions ...... ...............................
Differing Subsurface or Physical Conditions . ...............................
00700- 12
00700- 12
4.04
Underground Facilities .............. ...............................
00700- 13
1
4.05
4.06
Reference Points .................. ...............................
Hazardous Environmental Condition at Site . ...............................
00700- 13
00700- 14
ARTICLE 5 -
BONDS AND INSURANCE ............ ...............................
00700- 15
5.01
Performance, Payment, and Other Bonds .. ...............................
00700- 15
5.02
Licensed Sureties and Insurers ...... ...
00700- 15
5.03
Certificates of Insurance • .............. • • • • • ...........
00700- 15
5.04
CONTRACTOR's Liability Insurance ..... ...............................
00700-15
'
5.05
5.06
OWNER's Liability Insurance .......... ...............................
Property Insurance
00700-16
00700-16
5.07
Waiver of Rights .................. ...............................
00700-17
5.08
5.09
Receipt and Application of Insurance Proceeds ..............................
Acceptance of Bonds and Insurance; Option to Replace .
00700-18
00700-18
5.10
.... •
Partial Utilization, Acknowledgment of Property Insurer • ......... • .. , ....
00700-18
ARTICLE 6 -
CONTRACTOR'S RESPONSIBILITIES .... ...............................
00700- 18
6.01
6.02
Supervision and Superintendence .. • .. • ... • .... • . • . • ......... • .. • . • ..
Labor, • Woriing Hours
00700-18
00700- 19
6.03
Services, Materials, and Equipment ...... ...............................
00700 - 19
'
6.04
6.05
Progress Schedule ................. ...............................
Substitutes and "Or- Equals " ........... ..........................
00700 - 19
00700-19
6.06
Concerning Subcontractors, Suppliers, and Others ....................... .....
00700 -20
6.07
Patent Fees and Royalties ............ ...............................
00700-21
6.08
Permits .............................
'
6.09
Laws and Regulations ..........................00700-21
00700 -22
6.10
Taxes ......................... ...............................
00700 -22
6.11
6.12
Use of Site and Other Areas ............ .............................
Record Documents r
00700 -22
00700 22
6.13
Safety and Protection ............... ...............................
00700 23
6.14
Safety Representative ............... ...............................
00700 -23
6.15
Hazard Communication Programs ........... .........................
00700 -23
00700-3
1
6.16
Emergencies ..................... ............................... 00700 -23
6.17
Shop Drawings and Samples ........... ...............................
00700 -23
6.18
Continuing the Work ................ ...............................
0070()-24
6.19
CONTRACTOR's General Warranty and Guarantee ...........................
()0700-25
6.20
Indemnification ................... ...............................
()07()0-25
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 -26
8.01
Communications to Contractor ......... ...............................
00700 -26
8.02
Replacement of ENGINEER ........... ...............................
()0700-26
8.03
Furnish Data ....... . ............ ...............................
00700 -26
8.04
Pay Promptly When Due ............. ...............................
00700 -26
8.05
Lands and Easements; Reports and Tests ... ...............................
00700 -26
8.06
Insurance ...................... ...............................
00700 - 27
8.07
Change Orders ................... ...............................
00700 -27
8.08
Inspections, Tests, and Approvals ....... ...............................
00700 -27
8.09
Limitations on OWNER's Responsibilities .. ...............................
()0700-27
8.10
Undisclosed Hazardous Environmental Condition ............................
00700 -27
8.11
Evidence of Financial Arrangements ...... ...............................
0070()-27
ARTICLE 9 -
ENGINEER'S STATUS DURING CONSTRUCTION ...........................
00700-27
9.01
OWNER'S Representative ............ ...............................
()0700-27
9.02
Visits to Site ..................... ...............................
00700 -27
9.03
Project Representative .............. ...............................
()0700-27
9.04
Clarifications and Interpretations ....... ...............................
007()0-28
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
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 ........ ...............................
00700 -29
10.02
Unauthorized CY=ges in the Work ...... ...............................
00700 -29
10.03
Execution of Change Orders ........... ...............................
()07()0-29
10.04
Notification to Surety ............... ...............................
00700 -29
10.05
CYaims and Disputes ................ ...............................
()0700-30
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 .................. ...............................
00700 -32
11.03
Unit Price Work .................. ...............................
00700 -32
ARTICLE 12 -
CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .............
00700 -33
12.01
Change of Contract Price ............ ...............................
00700 - 33
12.02
Change of Contract Times ............ ...............................
00700 -33
12.03
Delays Beyond CONTRACTOR's Control .. ...............................
()070()-33
12.04
Delays Within CONTRACTOR's Control ... ...............................
00700 -34
12.05
Delays Beyond 0WNER's and CONTRACTOR 's Control ........................
00700 -34
12.06
Delay Damages ................... ...............................
00700 -34
ARTICLE 13 -
TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK ........................ .......................
00700 -34
13.01
Notice of Defects .................. ...............................
00700 -34
13.02
Access to Work ...................... ...........................
00700 -34
13.03
e
Tests and Inspections ......................... a ....................
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
10 ID
' 17.04 Survival of Obligations . • ..... • ........................... • . • ..... 00700 -42
I7.05 Controlling Law . 00700 -42
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13.07
13.08
13.09
ARTICLE 14 -
14.01
14.02
14.03
14.04
14.05
Correction Period ................. ...............................
Acceptance of Defective Work .......... ...............................
OWNER May Correct Defective Work ..... ...............................
PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values ................. ...............................
Progress Payments ................. ...............................
CONTRACTOR's Warranty of Title ...... ...............................
Substantial Completion .............. ...............................
Partial Utilization ................. ...............................
........................
00700-35
0()700-36
00700 -36
00700 -36
00700 -36
00700 -37
00700 -38
00700 -38
00700 -39
14.06
Final Inspection .................. ...............................
00700 -39
'
14.07
14.08
Final Payment ................... ...............................
Final Completion Delayed ............ ...............................
00700 -39
00700 -40
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14.09
ARTICLE 15 -
15.01
15.02
Waiver of Claims .................. ...............................
SUSPENSION OF WORK AND TERMINATION ............................
OWNER May Suspend Work ..........................................
........ ...............................
OWNER May Terminate for Cause ......................................
00700-40
00700 -40
00700 -40
00700-40
15.03
OWNER May Terminate For Convenience .. ...............................
00700-41
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15.04
ARTICLE 16 -
16.01
CONTRACTOR May Stop Work or Terminate ...............................
DISPUTE RESOLUTION ........ ...............................
Methods and Procedures ............. ...............................
00700-41
00700-41
00700-41
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ARTICLE 17-
17.01
MISCELLANEOUS ...................... ...
Giving Notice .................... ...............................
....... ................00700
-42
00700 -42
17.02
Computation of Times ............... ...............................
00700-42
17.03
Cumulative Remedies ............... ...............................
00700 -42
' 17.04 Survival of Obligations . • ..... • ........................... • . • ..... 00700 -42
I7.05 Controlling Law . 00700 -42
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
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
fmal payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos - -Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents —The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements - -The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds— Performance and payment bonds and
other instruments of security.
9. Change Order —A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the
11 11
Contract Times, issued on or after the Effective Date o1
the Agreement.
10. Claim - -A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract- -The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents- -The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price —The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contras 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
erecommendation of final payment.
15. CONTRACTOR —The individual or entity with
whom OWNER has entered into the Agreement.
v
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 in such
quantities or circur stances 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 tinder 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.
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37. Resident Project Representative —The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
38. Samples — Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. 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
gompliance with the requirements of and information in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
MEN M,
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 Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.fl5 Before Starting Construction
A. CONMCTOR'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.
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B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise specified
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in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.13, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an 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 Iruew
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
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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),
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
casements 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
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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
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
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.
I. 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 more of
the categories described in paragraph 4.03.A; and
r b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions of paragraphs 9.08
and 11.03.
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2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contract Times by the submission of a Bid
or becoming bound 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.
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.
4.04 Underground Facilities
A. Shown or Indicated. The information and data shown
or indicated in the Contract Documents with respect . to
existing Underground Facilities at or contiguous to the Site .
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is .otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such 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
EN6INEER'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
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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 COMRACTOR 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: (1) was not shown or
in(ficated 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
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
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of paragraph 5.0l.B, 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 COA RACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's. other- obligations under . the Contract
Documents, whether it is to be performed, by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
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;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6. 11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has- been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurance
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of such
insurance at final payment and one year thereafter).
5.05 OWNER's Liability Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all -risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
SJlrpplementary Conditions;
00700-16
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
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4. cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specified in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
E. If CONTRACTOR requests in writing that other
special it ranee 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:
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
00700- 17
2. loss or damage to the completed Project or part
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by OWNER during partial utilization
pursuant to paragraph 14.05, afar Substantial Completion
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pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.13 shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
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.
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in writing by any party in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other 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
of such parry 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
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely
responsible for the means,. methods, techniques, sequences,
and procedures of construction;. but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design .or. specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
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
CObITRACTOR'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.
00700-18
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6.02 Labor; Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRAC'T'OR 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 Times (or Milestones).
' Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
any provisions of the General Requirements applicable
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or- equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
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:
1 00700-19
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will. reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
r 2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qua:_fy as an "or- equal" item under
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 shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
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 Consultants for evaluating each such proposed
substitute.
F. CONTRACTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or -equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any 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
indidtdual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
1 00700- 20
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to pay or
to _see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing .or .
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
qtr 0�
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of
any invention, design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design, process, product, or device is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall . indemnify and hold harmless
OWNER,: ENGINEER, ENGINEER's Consultants, and the
officers, - directors, partners, employees or agents, and other
consultants of each - and any of them from and against all
claims, costs, losses, and damages .(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
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and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, .a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and -Other Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partners,
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or occupant
against OWNER, ENGINEER, or any other party
indemnified hereunder to the extent caused by or based
upon CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work.CONTRACTOR shall-clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated for alteration by the Contract
Documents.
D. Loading Structures: CONTRACTOR shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
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
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Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work, these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completed and
ENGINEER has issued a notice to OWNER and
CONTRACTOR in accordance with paragraph 14.07.13 that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Represetuative
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.
Br CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
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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. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop- Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER's Reviex
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. Resubminal 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. r 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
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as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
2. normal wear and tear under normal usage
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any . of them may be liable,
regardless of _whether or. not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any way by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit. acts.
C. The indemnification-,obligations of CONTRACTOR
under paragraph 6.20.A,shall. not extend to the liability of
ENGINEER and ENGINEER'$ Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. 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
dAnage.
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ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1, written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
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.
IB. CONTRACTOR shall afford each other contractor ARTICLE 8 - OWNER'S RESPONSIBILITIES
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.
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.0 and 14.07.C.
8.05 Lands and Easements; Reports and Tests
Ar OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations
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and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Grange Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.13.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06. .
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to the various stages of construction as
ENGINEER deems necessary in order to observe as an
experienced and qualified- design professional the progress
that has been made and the quality of the various aspects of
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9. 10, and particularly,
but without limitation,- during or.-as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not- supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENCIPMER 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
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representative or agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by the Contract
Documents. ENGINEER will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Gunge Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
final and binding .(except as. modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or "CONTRACTOR .: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
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
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or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
13. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 or in the
case of uncovering Work as provided in paragraph 13.04.13.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.0l.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
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 .+kcordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by .ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the .provisions of the Contract
Documents and applicable Laws and Regulations, but
during any- such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's responsibility. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.13. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.13. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date ofsuch
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph 10.05.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.B.
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
discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
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3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.13),
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:
00700-31
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 11.01.A.1 or specifically
covered by paragraph 11.01 k.4, all of which are to be
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considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, . the
correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property.
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs I LOLA and 11.01.13.
C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost -plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.13, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown .-
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, arl 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:
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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
t 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
t 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
' 11.0l.A.1 and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
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 I1.0l.A.1 and
11.0l.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under paragraphs 11.0l.A.4, 11.01.A.5,
and 11.01.13;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.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 MUestones) 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
b. for costs incurred under paragraph extended in an amount equal to the time lost due to such
' 11.0l.A.3, the CONTRACTOR's fee shall be five delay if a Claim is made therefor as provided in paragraph
percent; 12.02.A. Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
' c. where one or more tiers of subcontracts are OWNER, acts or neglect of utility owners or other
on the basis of Cost of the Work plus a fee and no contractors performing other work as contemplated by
' 00700 - 33
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
t 2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK_
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR. shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections,
tests, or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.0 and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.13
shall be paid as provided in said paragraph 13.04.13; 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
desfgns, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
1 00700 -34
Ll
� I
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of work
of others); and OWNER shall be entitled to an appropriate
decrease in the Contract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If, however, such
Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Times (or Milestones), or both, directly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for such order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court . or arbitration or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions: (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project-and
replace .it with Work that is not defective, and (iii) satisfac-
- _,.gorily 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 ::CONTRACTOR 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
1 00700 -35
l_J
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
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:
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 a 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, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
00700 -37
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 represenfa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent 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-
' ment;
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 14.02.1)) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set -off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02.A.
' 2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining afte, deduction of the amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to
by OWNER and CONTRACTOR, when 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 COA RACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment,. whether incorporated in the 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
shall make an inspection of the Work to determine the status
of completion. If ENGINEER does not consider the Work
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative .list of .items to be completed or
corrected before final - payment:= OWNER shall have seven
.days after receipt of. the tentative certificate during which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
' 00700 -38
L�
1
t
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 writ7mg 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
00700 -39
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; (ti) 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 (ti) 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
OWNTER against any Lien.
L
i
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
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. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
A. The occurrence of any one or more of the following
events will justify termination for cause:
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
1. CONTRACTOR's persistent failure to perform
'
recommendation of ENGINEER, and .without terminating the
-the Work in accordance -with the Contract Documents
Agreement, make payment of the balance due for that portion
_.
(including, but.not limited to, failure to supply sufficient
of the Work fully completed and accepted. If the remaining
skilled. workers or. suitable materials or equipment or
balance to be held by OWNER for Work not fully completed
failure to adhere to the progress schedule established
'
or corrected is less than the retainage stipulated in the
under paragraph 2.07 as adjusted from time to time
Agreement, and if Bonds have been furnished as required in
pursuant to paragraph 6.04);
'
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
2. CONTRACTOR's disregard of Laws or
completed and accepted shall be submitted by CON-
Regulations of any public body having jurisdiction;
TRACTOR to ENGINEER with the Application for such
'
payment. Such payment shall be made under the terms and
3. CONTRACTOR's disregard of the authority of
conditions governing final payment, except that it shall not
ENGINEER; or
constitute a waiver of Claims.
4. CONTRACTOR's violation in any substantial
14.09 Waiver of Claims
' way of any provisions of the Contract Documents.
A. The making and acceptance of final payment will
B. If one or more of the events identified in paragraph
constitute:
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, terminate
1 00700 -40
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
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 attributable 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 fty otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700-41
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.
r,
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.
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.
Ll
1 12/04 00800 -1 03 -4138
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 ...l "..., or arising
out of operation of laws and regulations for damages because of bodily injury or death of any person or
for damage to property."
Add the following after Paragraph 5.04.B.7.:
8. Include all major divisions of coverage and be on a comprehensive basis including:
i. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
V. Contractual Liability.
vi. Owned, non -owned and hired motor vehicles.
vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a. Workers' Compensation, etc. under paragraphs 5.4.1
and 5.4.2:
1. State
2. Applicable Federal
' (e.g. Longshoreman's)
and /or Maritime)
3. Employer's Liability
Statutory
Statutory
$ 100,000.00
1 12/04 00800 -2 03 -4138
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)
$ 1,000,000.00
2.
Products - Completed
Operations Aggregate
$ 1,000,000.00
3.
Personal and Advertising
Injury (Per Person/
Organization)
$ 1,000,000.00
4.
Each Occurrence
(Bodily Injury and
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
Property Damage:
Each Occurrence $ 1,000,000.00
OR
2. Bodily Injury and Property
Damage Combined Single Limit:
Each Occurrence $ 1,000,000.00
Aggregate $ 1,000,000.00
12/04 00800 -3 03-4138
1
1
1
[I
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.
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:
12/04 00800 -4 03 -4138
1
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.
6.08.13. CONTRACTOR shall pay for all building permits and charges of utility owners for connections
' to the Work, and OWNER will pay charges of such utility owners for capital costs related thereto such as
plant investment fees.
Delete the last sentence of Paragraph 6.12. and substitute the following: "These shall be available to
ENGINEER for examination during construction and shall be delivered "to ENGINEER for OWNER
upon Substantial Completion of the Work."
' At the end of Paragraph 6.13.13, add the following sentences: "The Occupational Safety and Health
Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in
effect during the period of construction of the Project. In compliance with current State of Florida
statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply
with the applicable trench safety standards."
' In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows: "...(including but
not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other
1 professionals, particularly including, but not limited to reasonable ENGINEER's attorney's fees, and court
costs) ".
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
' Change the first sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER agree,
ENGINEER will be OWNER's representative during the construction period."
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
' Add the following:
10.06. Without invalidating the agreement, Owner may, at any time execute appropriate Change Orders
for additions and /or deletions in the work of up to 25% of the total contract amount, without a change in
the contract unit prices bid.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.03. TEST AND INSPECTIONS:
Replace 13.03.13. 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."
1 12/04 00800 -5 03 -4138
1
' 13.09. OWNER MAY CORRECT DEFECTIVE WORK:
' Change the first line from:
If Contractor fails within a reasonable time after written notice of Engineer...
' To read:
If Contractor fails within ten (10) calendar days after written notice of Engineer...
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A. I., 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."
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.
F.111 11141 to 0 921=07 106111 @ W.1112101IN
Add 17.05.B: "The venue for any cause of action shall be Dade County."
END OF DOCUMENT
12/04 00800 -6 03 -4138
SECTION 00900
Addendum No. 1
to
Contract documents
CITY OF SUNNY ISLES BEACH
Fencing and Curbing Improvements
CGA PROJECT NO. 03 -4138
CITY BID NO. 04 -12 -01
Addendum To Be Place Here
END OF SECTION
12/04 00900 -1 03 -4138
SECTION 0 10 10
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
The work location is below east and west bound Sunny Isles Ocean Beach Blvd. (S.R. 826), and along
Collins Avenue (S.R. A -1 -A) in the City of Sunny Isles Beach.
1.04 DESCRIPTION OF WORK
A. Furnish and Install six -foot (6') high black metal picket fencing to include gates.
B. Furnish and Install shoulder gutter.
1.05 WORK SEQUENCE
A. Construct work in stages to accommodate Owner's occupancy requirements during the
construction period, coordinate construction schedule and operations with Owner.
B. The Contractor shall locate all utilities and coordinate all work with the details and plans
to avoid conflicts.
12/04 01010 -1 03 -4138
1.06 OWNER OCCUPANCY
A. The Owner may occupy portions of the premises during periods of construction for
beneficial occupancy.
B. Cooperate with Owner to minimize conflict, and to facilitate Owner's operations.
C. Schedule the Work to accommodate this requirement.
PART 2 - PRODUCTS
PART 3 - EXECUTION
(Not Used)
(Not Used)
END OF SECTION
12/04 01010 -2 03 -4138
1 SECTION 01025
' MEASUREMENT AND PAYMENT
PART 1 - GENERAL
' 1.01 RELATED REQUIREMENTS
' A. General provisions of Contract, including General and Supplementary Conditions.
B. Other Division -1 Specification Sections.
' 1.02 SECTION INCLUDES
A. Administrative and procedural requirements for determining Work completed under unit
price contract.
1.03 GENERAL REQUIREMENTS
A. Lump Sum and unit prices shall include the providing of all costs required for the
complete demolition as noted, construction of the specified unit of work including cost of
materials and delivery; cost of installation labor, including social security, insurance, and
other required fringe benefits, workman's compensation insurance; bond premiums;
rental of equipment and machinery; taxes; testing; surveys and other incidental expenses;
and supervision.
B. The Owner reserves the right to reject the Contractor's measurement of completed work
that involves use of established unit prices, and to have this Work measured by an
independent surveyor acceptable to the Contractor at the Owner's expense.
C. Contract Sum adjustments will be by Change Order on basis of net accumulative change
for each unit price category.
1. Except as otherwise specified, unit prices shall apply to both deductive and
additive variations of quantities.
2. Lump sum and unit prices in the Agreement shall remain in effect until date of
final completion of the entire Work.
D. Partial payment for material and equipment properly stored and protected will be made in
accordance with requirements of the General Conditions.
E. Payment will be made at the respective contract unit and lump sum price for each item
shown in the Agreement, installed and accepted, which price and payment shall constitute
full compensation for furnishing all materials and performing all Work in connection
therewith and incidental thereto. No separate payment will be made for testing.
1 12/04 01025 -1 03 -4138
F. Unit Price Abbreviations:
3.01 MEASUREMENT AND PAYMENT
A. Furnish and Install Black Metal Picket Fence
' 1. Measurement for payment for furnishing and installing a six -foot (6') high black
metal picket fence will be based upon the actual number of linear feet of such
' fencing, all in accordance with the requirements of the Contract Documents.
2. Payment for furnishing and installing a six -foot (6') high black metal picket
fence will be made at the unit price per linear feet named in the Bid Schedule
which price shall constitute full compensation for completing said work,
including all earthwork, construction of fencing, disposal of excess material,
restoration of areas disturbed by the operations, and the appurtenant items for
' which separate payment is not specifically included in the Bid Schedule.
B. Furnish and Install Shoulder Gutter
1. Measurement for payment for furnishing and installing shoulder gutters will be
based upon the actual number of linear feet of such shoulder gutter constructed as
determined by measurement along the centerline of the curb in place, all in
accordance with the requirements of the Contract Documents.
' 2. Payment for furnishing and installing shoulder gutters will be made at the unit
price per linear feet named in the Bid Schedule which price shall constitute full
compensation for complete installation including grading, placing four - inches
' (4 ") of limerock pad, forming, saw cutting of pavement and curbing, and cleanup
of all areas disturbed by this construction.
' C. Remove and Dispose Existing Chain -Link Fence
1. Measurement for payment to remove and dispose of existing fences will be based
' upon the actual number of linear feet of such fence actually removed from the
right -of -way, all in accordance with the requirements of the Contract Documents.
1 12/04 01025 -2 03 -4138
1.
Lineal Feet - LF
'
2.
Acre - AC
3.
Cubic Yard - CY
4.
Square Yard - SY
'
5.
Each - EA
6.
Lump Sum - LS
'
7.
8.
Ton - TN
Net Mile - NM
9.
Gross Mile - GM
10.
Gallons - GA
'
11.
Million Gallons - MG
PART 2 - PRODUCTS
(Not applicable)
PART 3 - EXECUTION
3.01 MEASUREMENT AND PAYMENT
A. Furnish and Install Black Metal Picket Fence
' 1. Measurement for payment for furnishing and installing a six -foot (6') high black
metal picket fence will be based upon the actual number of linear feet of such
' fencing, all in accordance with the requirements of the Contract Documents.
2. Payment for furnishing and installing a six -foot (6') high black metal picket
fence will be made at the unit price per linear feet named in the Bid Schedule
which price shall constitute full compensation for completing said work,
including all earthwork, construction of fencing, disposal of excess material,
restoration of areas disturbed by the operations, and the appurtenant items for
' which separate payment is not specifically included in the Bid Schedule.
B. Furnish and Install Shoulder Gutter
1. Measurement for payment for furnishing and installing shoulder gutters will be
based upon the actual number of linear feet of such shoulder gutter constructed as
determined by measurement along the centerline of the curb in place, all in
accordance with the requirements of the Contract Documents.
' 2. Payment for furnishing and installing shoulder gutters will be made at the unit
price per linear feet named in the Bid Schedule which price shall constitute full
compensation for complete installation including grading, placing four - inches
' (4 ") of limerock pad, forming, saw cutting of pavement and curbing, and cleanup
of all areas disturbed by this construction.
' C. Remove and Dispose Existing Chain -Link Fence
1. Measurement for payment to remove and dispose of existing fences will be based
' upon the actual number of linear feet of such fence actually removed from the
right -of -way, all in accordance with the requirements of the Contract Documents.
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2. Payment for removal and disposal of existing fences will be made at the unit
' price per linear feet named in the Bid Schedule which price shall constitute full
compensation for completing said work, including the appurtenant items for
which separate payment is not specifically included in the Bid Schedule.
' D. 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 item shall be ten percent
' (10 %) of the total contract amount.
3. Mobilization includes, but is not limited to, mobilization of equipment, all
surveying, all supervision, cost of all bonds and warranties, all permit fees, and
' all insurance.
3.02 PROTECTION
' A. Where pavement, trees, shrubbery, fences or other property or surface structures have
been damaged, removed or disturbed by the Contractor, whether deliberately or through
failure to carry out the requirements of the Contract Documents, state laws, municipal
ordinances or the specific direction of the Engineer, or through failure to employ usual
and reasonable safeguards, such property and surface structures shall be replaced or
' repaired at the expense of the Contractor to a condition equal to that before work began
within a time frame approved by the Engineer.
' 3.03 SUBMITTALS
A. On lump sum items, a complete schedule of values must be submitted at the pre -
construction meeting by the contractor.
IEND OF SECTION
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ISECTION 01030
' SPECIAL PROJECT PROCEDURES
PART 1 - GENERAL
' 1.01 OBSTRUCTIONS
A. The attention of the Contractor is drawn to the fact that during construction at the Project
site, the possibility exists of the Contractor encountering various water, sewer, petroleum,
gas, telephone, electrical, or other lines not shown on the Drawings. The Contractor shall
t exercise extreme care before and during construction to locate and flag these lines so as to
avoid damage to the existing lines. Should damage occur to an existing line, the Contractor
shall repair the line at no cost to the Owner.
' 1.02 PROVISIONS FOR THE CONTROL OF DUST
' A. Sufficient precautions shall be taken during construction to minimize the amount of dust
created. Wetting down the site may be required or as directed by the Engineer to prevent
dust as a result of vehicular traffic.
' 1.03 RELOCATIONS
A. The Contractor shall be responsible for the relocation of structures, including but not
limited to light poles, signs, sign poles, fences, piping, conduits and drains that interfere
with the positioning of the work as set out on the Drawings. The cost of all such
relocations shall be included in the bid for the project and shall not result in any additional
cost to the Owner.
1.04 WARRANTIES
A. All equipment supplied under these Specifications shall be warranted by the Contractor and
the equipment manufacturers for a period of one (1) year. Warranty period shall commence
on the date of Owner acceptance.
B. The equipment shall be warranted to be free from defects in workmanship, design and
materials. If any part of the equipment should fail during the warranty period, it shall be
replaced in the machine(s) and the unit(s) restored to service at no expense to the Owner.
C. The manufacturer's warranty period shall run concurrently with the Contractor's warranty
or guarantee period. No exception to this provision shall be allowed.
D. In the event that the manufacturer is unwilling to provide a one year warranty commencing
at the time of Owner acceptance, the Contractor shall obtain from the manufacturer a two
(2) year warranty starting at the time of Owner acceptance of the equipment.
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1.05 HURRICANE PREPAREDNESS PLAN
A. Within ten days of the date of Notice to Proceed, the Contractor shall submit to the
Engineer and Owner a Hurricane Preparedness Plan. The plan should outline the necessary
measures, which the Contractor proposes to perform at no additional cost to the Owner in
case of a hurricane warning.
B. In the event of inclement weather or whenever the Engineer shall direct; the Contractor will
cause Subcontractors to protect carefully the Work and materials against damage or injury
from the weather. If, in the opinion of the Engineer, any portion of Work or materials shall
have been damaged or injured by reason of failure on the part of Contractor or any
Subcontractor to so protect the Work, such Work and materials shall be removed and
replaced at the expense of the Contractor.
' 1.06 EQUIPMENT, TESTING & INSPECTION
A. Regardless of the number of days specified in the individual sections for the manufacturers
representative to be present on the site for inspection and testing, if the equipment fails to
perform as specified then the representative shall remain on site until the malfunction is
corrected and the Owner received specified days of inspection or testing.
B. The cost for the additional days required shall not be added to the cost of the Owner, but
shall be to the account of the Contractor.
PART 2 — PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
12/04
END OF SECTION
01030 -2
03 -4138
SECTION 01045
CUTTING AND PATCHING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Contractor shall be responsible for all cutting, fitting and patching, including attendant
excavation and backfill, required to complete the work or to:
1. Make its several parts fit together properly.
2. Uncover portions of the Work to provide for installation of ill -timed work.
3. Remove and replace defective work.
4. Remove and replace work not conforming to requirements of Contract
Documents.
5. Remove samples of installed work as specified for testing.
6. Provide routine penetrations of non - structural surfaces for installation of piles,
piping, and concrete footings.
7. Investigate subsurface conditions or utilities.
1.02 RELATED WORK
A. Section 01010: Summary of Work
1.03 SUBMITTALS
A. Submit a written request to the Engineer well in advance of executing any cutting or
alteration that affects:
1. Work of the Owner or any separate contractor.
2. Structural value or integrity of any element of the Project.
3. Integrity or effectiveness of weather - exposed or moisture- resistant elements or
systems.
4. Efficiency, operational life, maintenance or safety of operational elements.
Visual qualities of sight- exposed elements.
B. Request shall include:
1. Identification of the Project.
2. Description of affected work.
3. The necessity for cutting, alteration or excavation.
4. Effect on work of Owner or any separate contractor, or on structural or
weatherproof integrity of Project.
5. Description of proposed work:
a. Scope of cutting, patching, alteration, or excavation.
b. Trades who will execute the work.
C. Products proposed to be used.
d. Extent of refinishing to be redone.
12/04 01045 -1 03 -4138
6. Alternatives to cutting and patching.
7. Cost proposal, when applicable.
8. Written permission of any separate contractor whose work will be affected.
C. Submit written notice to the Engineer designating the date and the time work will be
uncovered.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Comply with specifications and standards for each specific project involved.
PART 3 - EXECUTION
3.01 INSPECTION
A. Inspect existing conditions of Project, including elements subject to damage or to
movement during cutting or patching.
B. After uncovering work, inspect conditions affecting installation of Products, or
performance of work.
C. Report unsatisfactory or questionable conditions to the Engineer in writing; do not proceed
with work until the Engineer has provided further instructions.
3.02 PREPARATION
A. Provide adequate temporary support as necessary to assure structural value or integrity of
affected portion of Work.
B. Provide devices and methods to protect other portions of Project from damage.
C. Provide protection from elements for that portion of the project that may be exposed by
cutting and patching work, and maintain excavations free from water.
3.03 PERFORMANCE
A. Execute cutting and demolition by methods that will prevent damage to other work, and
will provide proper surfaces to receive installation of repairs.
B. Execute excavating and backfilling by methods that will prevent settlement or damage to
other work.
C. Employ original Installer or Fabricator to perform cutting and patching for:
1. Weather- exposed or moisture- resistant surfaces.
2. Sight - exposed finished surfaces.
D. Execute fitting and adjustment of products to provide a finished installation to comply
with specified products, functions, tolerances and finishes.
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E. Restore work that has been cut or removed; install new products to provide completed
Work in accord with requirements of Contract Documents.
F. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through surfaces.
G. Refinish entire surfaces as necessary to provide an even finish to match adjacent finishes:
1. For continuous surfaces, refinish to nearest intersection.
2. For an assembly, refinish entire unit.
END OF SECTION
12/04 01045 -3 03 -4138
SECTION 01050
FIELD ENGINEERING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Provide and pay for field engineering services required for Project as follows:
1. Civil, structural, geotechnical, or other professional engineering services specified,
or required to execute the Contractor's construction methods.
2. Land surveying required to layout the work.
B. The Contractor shall retain the services of a registered land surveyor licensed in the State of
Florida for the line and grade layout.
1.02 RELATED WORK
A. Section 01010: Summary of Work.
1.03 QUALIFICATIONS OF PROFESSIONAL
A. Qualified Engineer or Registered Land Surveyor, acceptable to the City and the Engineer.
B. Registered Professional Engineer of the specialty required for the specific service on the
Project, currently licensed in the State of Florida.
1.04 RECORDS
A. Maintain a complete, accurate log of all control and survey work as it progresses.
B. At the end of the project, submit certified as -built information at the same scale as the
irrigation designer's line drawings indicating elevations and locations of all irrigation
piping, heads, valves, pump, controller, and connections.
1.05 SUBMITTALS
A. Submit name and address of registered land surveyor to the Engineer.
B. On request of the Engineer, submit documentation to verify accuracy of field engineering
work.
C. Submit certificate signed by registered engineer or surveyor certifying that elevations and
locations are in conformance or non - conformance, with Contract Documents.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
12/04 01050 -1 03-4138
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SECTION 01090
REFERENCES
PART l - GENERAL
1.01 GENERAL
A. Applicable Publications: Whenever in these specifications references are made to
published specifications, codes, standards, or other requirements, it shall be understood
that wherever no date is specified, only the latest specifications, standards, or
requirements of the respective issuing agencies which have been published as of the date
that the WORK is advertised for bids, shall apply; except to the extent that said standards
or requirements may be in conflict with applicable laws, ordinances, or governing codes.
No requirements set forth herein or shown on the drawings shall be waived because of
any provision of, or omission from, said standards or requirements.
B. Specialists, Assignments: In certain instances, specification text requires (or implies) that
specific work is to be assigned to specialists or expert entities, who must be engaged for
the performance of that work. Such assignments shall be recognized as special
requirements over which the CONTRACTOR has no choice or option. These
assignments shall not be interpreted so as to conflict with the enforcement of building
codes and similar regulations governing the WORK; also they are not intended to
interfere with local union jurisdiction settlements and similar conventions. Such
assignments are intended to establish which party or entity involved in a specific unit of
work is recognized as "expert" for the indicated construction processes or operations.
The final responsibility for fulfillment of the entire set of contract requirements remains
with the CONTRACTOR.
1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS
A. Without limiting the generality of other requirements of the specifications, all work
specified herein shall conform to or exceed the requirements of the following documents
to the extent that the provisions of such documents are not in conflict with the
requirements of these Specifications nor the applicable codes.
B. References herein to 'Building Code" or SFBC shall mean the South Florida Building
Code. The latest edition of the code as approved and used at the local agency having
jurisdiction, shall apply to the WORK herein, including all addenda, modifications,
amendments, or other lawful changes thereto.
C. In case of conflicts between codes, reference standards, drawings and other Contract
Documents, the most stringent requirements shall govern. All conflicts shall be brought
to the attention of the ENGINEER for clarifications and directions prior to ordering or
providing any materials or labor. The CONTRACTOR shall bid the most stringent
requirements.
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D. Applicable Standard Specifications: The CONTRACTOR shall construct the WORK
specified herein in accordance with the requirements of the Contract Documents and the
referenced portion of those referenced codes, standards, and specifications listed herein;
except, that wherever references to "Standard Specifications" are made, the provisions
therein for measurement and payment shall not apply.
E. References herein to "OSHA Regulations for Construction" shall mean Title 29, Part
1926, Construction Safety and Health Regulations, Code of Federal Regulations (OSHA),
including all changes and amendments thereto.
F. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational
Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes
and amendments hereto.
TRADE NAMES AND ALTERNATIVES
A. For convenience in designation in the Contract Documents, materials to be incorporated
in the WORK may be designated under a trade name or the name of a manufacturer and
its catalog information. The use of alternative material that is equal in quality and of the
required characteristics for the purpose intended will be permitted, subject to the
following requirements:
1. The burden of proof as to the quality and suitability of such alternative
equipment, products, or other materials shall be upon the CONTRACTOR.
2. The ENGINEER will be the sole judge as to the comparative quality and
suitability of such alternative equipment, products, or other materials and its
decisions shall be final.
3. Base Bid requirements outlined in document 00400 - Supplement to Bid Form,
shall supersede any language contained hereinafter.
B. Whenever in the Contract Documents the name or the name and address of the
manufacturer or distributor is given for a product or other material, or if any other source
of a product or material is indicated therefore, such information is given for the
convenience of the CONTRACTOR only, and no limit, restriction, or direction is
indicated or intended thereby, nor is the accuracy or reliability of such information
guaranteed. It shall be the responsibility of the CONTRACTOR to determine the
accurate identity and location of any such manufacturer, distributor, or other source of
any product or material called for in the Contract Documents.
C. The CONTRACTOR may offer any material, process, or equipment, which it considers
equivalent to that, indicated. Unless otherwise authorized in writing by the ENGINEER,
the substantiation of offers of equivalency must be submitted within 30 days after
execution of the Agreement. The CONTRACTOR, at its sole expense, shall furnish data
concerning items it has offered as equivalent to those specified. The CONTRACTOR
shall have the material as required by the ENGINEER to determine that the quality,
strength, physical, chemical, or other characteristics, including durability, finish,
efficiency, dimensions, service, and suitability are such that the items will fulfill its
intended function. Installation and use of a substitute item shall not be made until
accepted by the ENGINEER. If a substitute offered by the CONTRACTOR is found to
be not equal to the specified material, the CONTRACTOR shall furnish and install the
specified material.
01090 -2 03 -4138
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D. The CONTRACTOR'S attention is further directed to the requirement that failure to
submit data substantiating a request for the substitution of an "or equal" item within said
30 -day period after the execution of the Agreement, shall be deemed to mean that the
CONTRACTOR intends to furnish one of the specific brand -named products named in
the specification, and the CONTRACTOR does hereby waive all rights to offer or use
substitute products in each such case. Wherever a proposed substitute product has not
been submitted within said 30 -day period, or wherever the submission of a proposed
substitute product fails to meet the requirements of the specifications and an acceptable
resubmittal is not received by the ENGINEER within said 30 -day period, the
CONTRACTOR shall furnish only one of the products originally -named in the Contract
Documents.
1.04 ABBREVIATION
A. Wherever in these specifications references are made to the standards, specifications, or
other published data of the various national, regional, or local organizations, such
organizations may be referred to by their acronyms or abbreviation only. As a guide to
the user of these specifications, the following acronyms and abbreviations which may
appear in these specifications shall have the meanings indicated herein.
1.05 ABBREVIATIONS AND ACRONYMS
AAMA Architectural Aluminum Manufacturer's Association
AAR Association of American Railroads
AASHTO American Association of the State Highway and Transportation Officials
AATCC American Association of Textile Chemists and Colorists
ACI American Concrete Institute
ACPA American Concrete Pipe Association
ACPPAAmerican Concrete Pressure Pipe Association
AFBMA Anti - Friction Bearing Manufacturer's Association, Inc.
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturer's Association
AHAM Association of Home Appliance Manufacturers
Al The Asphalt Institute
AIA American Institute of Architects
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANS American Nuclear Society
ANSI American national Standards Institute, Inc.
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
AREA American Railway Engineering Association
ASA Acoustical Society of America
ASAE American Society of Agricultural Engineers
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating, and Air - Conditioning Engineers
ASLE American Society of Lubricating Engineers
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ASME American Society of Mechanical Engineers
ASPE American Society of Plumbing Engineers
ASQC American Society for Quality Control
ASSE American Society of Sanitary Engineers
ASTM American Society for Testing and Materials
AWPA American Wood Preservers Association
AWPI American Wood Preservers Institute
AWS American Welding Society
AWWA American Water Works Association
BBC Basic Building Code, Building Officials and Code Administrators International
BHMA Builders Hardware Manufacturers Association
CBM Certified Ballast Manufacturers
CEMA Conveyors Equipment Manufacturers Association
CGA Compressed Gas Association
CLPCACalifomia Lathing and Plastering Contractors Association
CLFMI Chain Link Fence Manufacturers Institute
CMA Concrete Masonry Association
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
DCDMA Diamond Core Drill Manufacturers Association
DIPRA Ductile Iron Pipe Research Association
EIA Electronic Industries Association
ETL Electrical Test Laboratories
HI Hydraulic Institute
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society
IME Institute of Makers of Explosives
IP Institute of Petroleum (London)
IPC Institute of Printed Circuits
IPCEA Insulated Power Cable Engineers Association
ISA Instrument Society of America
ISO International Organization for Standardization
ITE Institute of Traffic Engineers
MBMAMetal Building Manufacturers Association
MPTA Mechanical Power Transmission Association
MTI Marine Testing Institute
NAAM National Association of Architectural Metal Manufacturers
NACE National Association of Corrosion Engineers
NBS National Bureau of Standards
NCCLSNational Committee for Clinical Laboratory Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NFPA National Forest Products Association
NGLI National Grease Lubricating Institute
NMA National Microfilm Association
NRCA National Roofing Contractors Association
NWMA National Woodwork Manufacturers Association
NWWA National Water Well Association
OSHA Occupational Safety and Health Administration
12/04 010904 03 -4138
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PCA Portland Cement Association
PDI Plumbing and Drainage Institute
RIS Redwood Inspection Service
RVIA Recreational Vehicle Industry Association
RWMAResistance Welder Manufacturers Association
SAE Society of Automotive Engineers
SAMA Scientific Apparatus Makers Association
SBC Southern Building Code Congress International, Inc. (SBCCI)
SIS Swedish Standards Association
SJI Steel Joist Institute
SMA Screen Manufacturers Association
SMACCNA Sheet Metal and Air Conditioning Contractors National Association
SPR Simplified Practice Recommendation
SSBC Southern Standard Building Code, Southern Building Code Congress
SSPC Steel Structures Painting Council
SSPWC Standard Specifications for Public Works Construction
TAPPI Technical Association of the Pulp and Paper Industry
TFI The Fertilizer Institute
UBC Uniform Building Code
UL Underwriters Laboratories, Inc.
WCLIB West Coast Lumber Inspection Bureau
WCRSI Western Concrete Reinforcing Steel Institute
WIC Woodwork Institute of California
WPCF Water Pollution Control Federation
WRI Wire Reinforcement Institute, Inc.
WWPAWestern Wood Products Association
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
1 12/04 01090 -5 03 -4138
SECTION 01152
APPLICATIONS FOR PAYMENT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Submit Applications for Payment to the Engineer in accordance with the schedule
established by Conditions of the Contract and Agreement Between Owner and
Contractor.
1.02 RELATED REQUIREMENTS
Agreement between Owner and Contractor consisting of an approved payment schedule by the City of
Sunny Isles Finance Department.
Conditions of the Contract: Progress Payments, Retainages, Final Payment, schedule of values and
Record Documents.
A. Section 0 13 10: Construction Schedules
B. Section 01370: Schedule of Values
C. Section 01720: Project Record Documents
1.03 FORMAT AND DATA REQUIRED
Submit applications typed on forms provided by the Owner, Application for Payment, with itemized data
typed on 8 1/2 inch x 14 inch white paper and continuation sheets.
Payment forms shall show significant detail to substantiate request. Additional detail may be required by
the Engineer.
1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT
A. Application Form:
1. Fill in required information, including that for Change Orders executed prior to
date of submittal of application.
2. Fill in summary of dollar values to agree with respective totals indicated on
continuation sheets.
3. Execute certification with signature of a responsible officer of Contract firm.
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B. Continuation Sheets:
1. Fill in total list of scheduled component items of work, with item number and
scheduled dollar value for each item.
2. Fill in dollar value in each column for each scheduled line item when work has
been performed or products stored.
a. Round off values to nearest dollar, or as specified.
3. List each Change Order Number, and description, as for an original component
item or work.
a. List by Change Order Number, and description, as for an original
component item or work.
1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable
information, with a cover letter identifying:
1. Project
2. Application number and date
3. Detailed list of enclosures
4. For stored products:
a. Item number and identification as shown on application.
b. Description of specific material.
Submit one copy of data cover letter for each copy of application.
As a prerequisite for payment, Contractor is to submit a "Surety Acknowledgment of Payment Request"
letter showing amount of progress payment, which the Contractor is requesting.
The Contractor shall maintain an updated a set of drawings to be used as a record drawings in accordance
with Section 01720. As a prerequisite for monthly progress payments, the Contractor shall submit the
updated record drawings for review by the Engineer.
Construction schedule in accordance with 0 13 10
1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT
A. Fill in Application form as specified for progress payments.
B. Use continuation sheet for presenting the final statement of accounting as specified in
Section 01700 - Contract Closeout.
C. Submit final record drawings.
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1.07 SUBMITTAL PROCEDURE
A. Submit Applications for Payment to the Engineer at the times stipulated in the
Agreement.
B. Number: Five copies of each Application.
C. When the Engineer finds Application properly completed and correct, he will transmit
certificate of payment to Owner, with copy to Contractor.
PART 2 - PRODUCTS (Not Used).
PART 3 - EXECUTION (Not Used).
END OF SECTION
12/04 01152 -3 03 -4138
SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. The Engineer shall schedule and administer pre- construction meetings, periodic progress
meetings, and specially called meetings throughout the progress of work. The Engineer
shall:
1. Prepare agenda for meetings.
2. Make physical arrangements for meetings.
3. Preside at meetings.
4. Record the minutes; include significant proceedings and decisions.
5. Reproduce and distribute copies of minutes within five working days after each
meeting.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting.
B. Representatives of contractors, subcontractors and suppliers attending meetings shall be
qualified and authorized to act on behalf of the entity each represents.
C. The Contractor shall attend meetings to ascertain that work is executed consistent with
Contract Documents and construction schedules.
1.02 RELATED REQUIREMENTS
A. Section 0 13 10: Construction Schedules.
B. Section 01340: Shop Drawings, Working Drawings, and Samples.
C. Section 01720: Project Record Documents.
1.03 PRE- CONSTRUCTION MEETING
1. Schedule a pre- construction meeting no later than 15 days after date of Notice to
Proceed.
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2. Location: A central site, convenient for all parties designated by the Owner.
3. Attendance:
a. Owner's Representative.
01200 -1
03 -4138
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b. Engineer and his Professional Consultants.
C. Resident Project Representative.
d. Contractor's Superintendent.
e. Major Subcontractors.
f. Major Suppliers.
g. Utilities.
h. Others as appropriate.
Suggested Agenda:
1. Distribution and discussion of.
a. List of major subcontractors and suppliers.
b. Projected Construction Schedule.
2. Critical work sequencing/critical path scheduling.
3. Major equipment deliveries and priorities.
4. Project Coordination.
a. Designation of responsible personnel.
5. Procedures and processing o£
a. Field decisions.
b. Proposal requests.
C. Submittals.
d. Change Orders.
e. Applications for Payments.
6. Adequacy of Distribution of Contract Documents.
7. Procedures for maintaining Record Documents.
8. Use of Premises:
a. Office, Work and Storage Areas.
b. Owner's Requirements.
9. Construction facilities, controls and construction aids.
10. Temporary Utilities.
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1.04 PROGRESS MEETINGS
A. Schedule regular periodic meetings. The progress meetings will be held as required by
progress of the work.
B. Hold called meetings as required by progress of the work.
C. Location of the meetings: Project field office of the Contractor or Engineer.
D. Attendance:
1. Engineer, and his professional consultants as needed.
2. Subcontractors as appropriate to the agenda.
3. Suppliers as appropriate to the agenda.
4. Others as appropriate.
E. Suggested Agenda:
1. Review, approval of minutes of previous meeting.
2. Review of work progress since previous meeting.
3. Field observations, problems, conflicts.
4. Problems which impede Construction Schedule.
5. Review of off site fabrication, delivery schedule.
6. Corrective measures and procedures to regain projected schedule.
7. Revisions to Construction Schedule.
8. Progress, schedule, during succeeding work period.
9. Coordination of schedules.
10. Review submittal schedules; expedite as required.
11. Maintenance of quality standards.
12. Pending changes and substitutions.
13. Review proposed changes for:
a. Effect on Construction Schedule and on a completion date.
b. Effect on other contracts of the Project.
14. Other business.
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15. Construction schedule.
16. Critical /long lead items.
F. The Contractor is to attend progress meetings and is to study previous meeting minutes
and current agenda items, in order to be prepared to discuss pertinent topics such as
deliveries of materials and equipment, progress of work, etc.
G. The Contractor is to provide a current submittal log at each progress meeting in
accordance with Section 01340.
PART 2 - PRODUCTS (Not Used).
PART 3 - EXECUTION (Not Used).
END OF SECTION
12/04 01200 -4 03 -4138
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SECTION 0 13 10
CONSTRUCTION SCHEDULES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Promptly after Award of the Contract and within ten days after the effective date of the
Agreement, prepare and submit to the Engineer estimated construction progress
schedules for the work, with sub - schedules of related activities which are essential to its
progress.
B. Submit revised progress schedules on a monthly basis.
C. No partial payments shall be approved by the Engineer until there is an approved up to
date construction progress schedule on hand.
D. The Contractor shall designate an authorized representative of his firm who shall be
responsible for development and maintenance of the schedule and of progress and
payment reports. This representative of the Contractor shall have direct project control
and complete authority to act on behalf of the Contractor's schedule.
1.02 RELATED REQUIREMENTS
A. Section 01010: Summary of Work.
B. Section 01152: Applications for Payment
C. Section 01200: Project Meetings.
D. Section 01340: Shop Drawings, Working Drawings and Samples.
1.03 FORM OF SCHEDULES
A. Prepare schedules for submittal each month with pay request. The form of the schedule
is to be MicrosoftTM Project 4.1a or approved equal. The Schedule is to indicate work
completed to date and additions to or deletions from the schedule.
1. Provide separate horizontal bar or CPM for each trade or operation within each
structure or item.
2. Horizontal time scale: In weeks from start of construction and identify the first
work day of each month.
3. Scale and spacing: To allow space for notations and future revisions.
4. Minimum sheet size: 24 inches x 36 inches.
12/04 01310 -1 03 -4138
B. Format of listings: The chronological order of the start of each item of work for each
structure.
C. Identification of listings: By major specification section numbers as applicable and
structure.
1.04 CONTENT OF SCHEDULES
A. Construction Progress Schedule:
1. Show the complete sequence of construction by activity.
2. Show the dates for the beginning of, and completion of, each major element of
construction in no more than a two -week increment scale. Specifically list, but
not limited to:
a. Receiving Materials
b. Pipeline Installations
C. Testing
d. Restoration
e. Startup
f. Record Drawings
g. Permits
h. Punch List
i. Owner Activities, Including Inspections
3. Show projected percentage of completion for each item, as of the first of each
month.
4. Show projected dollar cash flow requirements for each month of construction.
5. Use of float suppression techniques such as preferential sequencing or logic,
special lead /lag logic restraints, and extended activity times are prohibited, and
use of float time disclosed or implied by use of alternate float - suppression
techniques shall be shared to proportionate benefit of the Owner and Contractor.
6. Pursuant to above float - sharing requirement, no time extensions will be granted
nor delay damages paid until a delay occurs which (i) impacts Project's critical
path, (ii) consumes available float or contingency time, and (iii) extends work
beyond contract completion date.
7. If the Contractor provides an accepted schedule with an early completion date,
the Owner reserves the right to reduce the duration of the work to match the early
completion date by issuing a deductive Change Order at no change in Contract
Price.
B. Submittals Schedule for Shop Drawings, and Samples in accordance with Section 01340.
Show:
1. The dates for Contractor's submittals.
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2. The dates submittals will be required for owner furnished products, if applicable.
3. The dates approved submittals will be required from the Engineer.
C. A list of all long lead items (equipment, materials, etc).
1.05 PROGRESS REVISIONS
A. Indicate progress of each activity to date of submission.
B. Show changes occurring since previous submission of schedule:
1. Major changes in scope.
2. Activities modified since previous submission.
3. Revised projections of progress and completion.
4. Other identifiable changes.
C. Provide a narrative report as needed to define:
1. Problem areas, anticipated delays, and the impact on the schedule.
2. Corrective action recommended, and its effect.
The effect of changes on schedules of other prime contractors.
1.06 SUBMISSIONS
A. Submit initial schedules to the Engineer within 10 days after the effective date of the
Agreement.
1. The Engineer will review schedules and return review copy within 21 days after
receipt.
2. If required, resubmit within 7 days after return of review copy.
B. Submit 5 copies of revised monthly progress schedules with that month's application for
payment.
1.07 DISTRIBUTION
A. Distribute copies of reviewed schedules to:
1. Owner (Two Copies)
2. Engineer (Two Copies)
3. Job Site File
4. Subcontractors
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5. Other Concerned Parties
B. Instruct recipients to report promptly to the Contractor, in writing, any problems
anticipated by the projections shown in the schedule.
PART 2 - PRODUCTS (Not Used).
PART 3 - EXECUTION (Not Used).
12/04
END OF SECTION
01310 -4
03 -4138
SECTION 01340
SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES
PARTI- GENERAL
1.01 REQUIREMENTS INCLUDED
A. The Contractor shall submit to the Engineer for review, such working drawings, shop
drawings, test reports and data on materials and equipment (hereinafter in this article
called data), and material samples (hereinafter in this article called samples) as are
required for the proper control of work, including but not limited to those working
drawings, shop drawings, data and samples for materials and equipment specified
elsewhere in the Specifications and in the Contract Drawings.
B. Within thirty (30) calendar days after the effective date of the Agreement, the Contractor
shall submit to the Engineer a complete list of preliminary data for which Shop Drawings
are to be submitted. Included in this list shall be the names of all proposed manufacturers
furnishing specific items. Review of this list by the Engineer shall in no way expressed or
implied relieve the Contractor from submitting complete Shop Drawings and providing
materials, equipment, etc., fully in accordance with the Specifications. This procedure is
required in order to expedite final review of Shop Drawings.
C. The contractor is to maintain an accurate updated submittal log and will bring this log to
each scheduled progress meeting with the Owner and Engineer. This log should include
the following items:
1. Submittal - Description and Number assigned.
2. Date to Engineer.
3. Date returned to Contractor (from Engineer).
4. Status of Submittal (Approved/Resubmit/Rejected).
5. Date of Resubmittal and Return (as applicable).
6. Date material released (for fabrication).
7. Projected date of fabrication.
8. Projected date of delivery to site.
1.02 RELATED REQUIREMENTS
A. Section 01600: Material and Equipment
B. Section 01720: Project Record Documents
12/04 01340 -1 03 -4138
' C. Designate in the construction schedule, or in a separate coordinated schedule, the dates for
submission and the dates that reviewed Shop Drawings, Working Drawings and Samples
' will be needed.
1.03 CONTRACTOR'S RESPONSIBILITY
A. It is the duty of the Contractor to check all drawings, data and samples prepared by or for
him before submitting them to the Engineer for review. Each and every copy of the
Drawings and data shall bear Contractor's stamp or will be returned to the Contractor for
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.
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D. The Contractor shall not begin any of the work covered by a drawing, data, or a sample
'
returned for correction until a revision or correction thereof has been reviewed and
returned to him, by the Engineer approved.
'
E. The Contractor shall submit to the Engineer all drawings and schedules sufficiently in
advance of construction requirements to provide no less than twenty -one (21) calendar
days for checking and appropriate action from the time the Engineer receives them.
F. The Contractor shall submit three (3) copies of descriptive or product data submittals to
complement shop drawings for the Engineer plus the number of copies that the Contractor
'
requires. The Engineer will retain three (3) sets. All blueprint shop drawings shall be
submitted with one (1) set of reproducible and four (4) sets of print. The Engineer will
review the drawings and return to the Contractor the set of marked -up drawings with
'
appropriate review comments.
G. The Contractor shall be responsible for and bear all cost of damages that may result from
'
the ordering of any material or from proceeding with any part of work prior to the review
by Engineer of the necessary Shop Drawings.
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' 1.04 ENGINEER'S REVIEW OF SHOP DRAWINGS
' A. The Engineer's review of drawings, data and samples submitted by the Contractor will
cover only general conformity to the Specifications, external connections, and dimensions
that affect the installation. The Engineer's review and exceptions if any, will not constitute
' an approval of dimensions, quantities, and details of the material, equipment, device, or
item shown.
B. The review of drawings and schedules will be general, and shall not be construed:
1. As permitting any departure from the Contract requirements;
' 2. As relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials;
I 3. As approving departures from details furnished by the Engineer, except as
otherwise provided herein.
' C. If the drawings or schedule as submitted describe variations per subparagraph (1.05.C),
and show a departure from the Contract requirements which Engineers finds to be in the
interest of the Owner and to be minor as not to involve a change in the Contract Price or
time for performance, the Engineer may return the reviewed drawings without noting an
exception.
' D. When reviewed by the Engineer, each of the Shop Drawings will be identified as having
received such review being so stamped and dated. Shop Drawings stamped "REJECTED"
and with required corrections shown will be returned to the Contractor for correction and
' re- submittal.
E. Re- submittals will be handled in the same manner as the first submittals. On resubmittals,
' the Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings,
to revisions other than the corrections requested by the Engineer on previous submissions.
The Contractor shall make any corrections required by the Engineer.
' H. When the Shop Drawings have been completed to the satisfaction of the Engineer, the
Contractor shall carry out the construction in accordance therewith and shall make no
further changes therein except upon written instructions from the Engineer.
' I. No partial submittals will be reviewed. Submittals not complete will be returned to the
Contractor, and will not be considered "Rejected" until resubmitted.
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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 three (3) times after
which cost of review will be borne by the Contractor. The cost of engineering shall be
equal to the Engineer's charges to the Owner under the terms of the Engineer's agreement
with the Owner.
' H. When the Shop Drawings have been completed to the satisfaction of the Engineer, the
Contractor shall carry out the construction in accordance therewith and shall make no
further changes therein except upon written instructions from the Engineer.
' I. No partial submittals will be reviewed. Submittals not complete will be returned to the
Contractor, and will not be considered "Rejected" until resubmitted.
12/04 01340 -3 03 -4138
' 1.05 SHOP DRAWINGS
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A. When used in the Contract Documents, the term "Shop Drawings" shall be considered to
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mean Contractor's plans for material and equipment that become an integral part of the
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Project. These drawings shall be complete and detailed. Shop Drawings shall consist of
fabrication, erection and setting drawings and schedule drawings, manufacturer's scale
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drawings, and wiring and control diagrams. Cuts, catalogs, pamphlets, descriptive
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literature, and performance and test data, shall be considered only as supportive to
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required Shop Drawings as defined above.
B. Drawings and schedules shall be checked and coordinated with work of all trades
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involved, before they are submitted for review by the Engineer and shall bear the
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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
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for resubmission.
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thereon, the name and location of the supplier or manufacturer, trade name, catalog
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:
F. For all mechanical and electrical equipment furnished, the Contractor shall provide a list
1. Number and title of the drawing.
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2. Date of drawing or revision.
'
3. Name of project building or facility.
4. Name of contractor and subcontractor submitting drawing.
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Clear identification of contents and location of work.
6. Specification title and number.
'
D. If drawings show variations from Contract requirements because of standard shop practice
or for other reasons, the Contractor shall describe such variations in his letter of
transmittal. If acceptable, proper adjustment in the Contract shall be implemented where
'
appropriate. If the Contractor fails to describe such variations he shall not be relieved of
the responsibility for executing the work in accordance with the Contract, even though
such drawings have been reviewed.
'
E. Data on materials and equipment include, without limitation, materials and equipment
lists, catalog data sheets, cuts, performance curves, diagrams, materials of construction and
'
similar descriptive material. Materials and equipment lists shall give, for each item
thereon, the name and location of the supplier or manufacturer, trade name, catalog
reference, size, finish and all other pertinent data.
F. For all mechanical and electrical equipment furnished, the Contractor shall provide a list
including the equipment name, address and telephone number of the manufacturer's
representative and service company so that service and spare parts can be readily obtained.
'
In addition, a maintenance and lubrication schedule for each piece of equipment shall be
submitted along with each shop drawing submittal.
1 12/04 01340 -4 03 -4138
' G. All manufacturers or equipment suppliers who propose to furnish equipment or products
under Divisions 11, 13, 15 and 16 shall submit an installation list to the Engineer along
' with the required shop drawings. The installation list shall include at least five
installations where identical equipment has been installed and has been in operation for a
period of at least one (1) year.
' H. Only the Engineer will utilize the color "red" in marking Shop Drawing submittals.
I. Before final payment is made, the Contractor shall furnish to Engineer two (2) sets of
' record shop drawings all clearly revised, complete and up to date showing the permanent
construction as actually made for all reinforcing and structural steel, miscellaneous metals,
process and mechanical equipment, yard piping, electrical system, instrumentation system
and irrigation.
1.06 WORKING DRAWINGS
' A. When used in the Contract Documents, the term "working drawings" shall be considered
to mean the Contractor's plans for temporary structures such as temporary bulkheads,
support of open cut excavation, support of utilities, ground water control systems, forming
' and false -work; for underpinning; and for such other work as may be required for
construction, but does not become an integral part of the project.
I B. Copies of working drawings as noted in subparagraph 1.06A above, shall be submitted to
the Engineer where required by the Contract Documents or requested by the Engineer, and
shall be submitted at least thirty (30) calendar days (unless otherwise specified by the
' Engineer) in advance of their being required for work.
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C. Working drawings shall be signed by a Registered Professional Engineer, currently
licensed to practice in the State of Florida and shall convey, or be accompanied by,
calculation or other sufficient information to completely explain the structure, machine, or
system described and its intended manner of use. Prior to commencing such work,
working drawings must have been reviewed without specific exceptions by the Engineer,
which review will be for general conformance and will not relieve the Contractor in any
way from his responsibility with regard to the fulfillment of the terms of the Contract. All
risks of error are assumed by the Contractor; the Owner and Engineer shall have no
responsibility therefore.
1.07 SAMPLES
A. The Contractor shall furnish, for the approval of the Engineer, samples required by the
Contract Documents or requested by the Engineer. Samples shall be delivered to the
Engineer as specified or directed. The Contractor shall prepay all shipping charges on
samples. Materials or equipment for which samples are required shall not be used in work
until approved by the Engineer.
B. Samples shall be of sufficient size and quantity to clearly illustrate:
Functional characteristics of the product, with integrally related parts and
attachment devices.
2. Full range of color, texture and pattern.
1 12/04 01340 -5 03 -4138
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 1.0713 above. He shall enclose a
copy of this letter with the shipment and send a copy of this letter to the Engineer.
Approval of a sample shall be only for the characteristics or use named in such approval
and shall not be construed to change or modify any Contract requirements.
E. Approved samples not destroyed in testing shall be sent to the Engineer or stored at the
site of the work. Approved samples of the hardware in good condition will be marked for
identification and may be used in the work. Materials and equipment incorporated in
work shall match the approved samples. Samples which failed testing or were not
approved samples will be returned to the Contractor at his expense, if so requested at time
of submission.
PART 2 - PRODUCTS (Not Used).
PART 3 - EXECUTION (Not Used).
END OF SECTION
12/04 01340 -6 03 -4138
DOCUMENT 01370
SCHEDULE OF VALUES
1.01 REQUIREMENTS INCLUDED
A. Submit to the Engineer a Schedule of Values allocated to the various portions of the Work,
within 10 days after the effective date of the Agreement.
B. Upon request of the Engineer, support the values with data that will substantiate their
correctness.
C. The Schedule of Values shall be used as the basis for the Contractor's Applications for
Payment.
1.02 RELATED REQUIREMENTS
A. Section 01152: Application for Payment
1.03 FORM AND CONTENT OF SCHEDULE OF VALUES
A. Type schedule on an 8 -1/2 inch x 11 inch or 8 -1/2 inch x 14 inch white paper; Contractor's
standard forms and automated printout will be considered for approval by the Engineer
upon Contractor's request. Identify schedule with:
1. Title of Project and location
2. Engineer and Project number
3. Name and Address of Contractor
4. Contract designation
5. Date of submission
B. Schedule shall list the installed value of the component parts to include individual
equipment, piping, electrical, paving, of the Work (as required) in sufficient detail to serve
as a basis for computing values for progress payments during construction.
C. For the various portions of the Work:
1. Each item shall include a directly proportional amount of the Contractor's overhead
and profit.
D. The sum of all values listed in the schedule shall equal the total Contract Sum.
12/04 01370 -1 03 -4138
E. Schedules are subject to Engineer's approval wherein additional line item detail may be
required.
tPART 2 - PRODUCTS (Not Used)
' PART 3 - PRODUCTS (Not Used)
END OF SECTION
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SECTION 01410
TESTING AND TESTING LABORATORY SERVICES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Contractor shall employ and pay for the services of an Independent Testing Laboratory to
perform testing as required by the Owner to verify conformity with the Contract
Documents.
1. Contractor shall cooperate with the laboratory to facilitate the execution of its
required services.
2. Employment of the laboratory shall in no way relieve Contractor's obligations to
perform the Work of the Contract.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract: Inspections and testing required by laws, ordinances, rules,
regulations, orders or approvals of public authorities.
B. Respective sections of specifications: Certification of products.
C. Each specification section listed: Laboratory tests required and standards for testing.
D. Testing laboratory inspection, sampling and testing is required for, but not limited to the
following:
1. Soil Survey
2. Cast -in -Place Concrete
1.03 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY
A. Laboratory is not authorized to:
1. Release, revoke, alter or enlarge on requirements of Contract Documents
2. Approve or accept any portion of the Work
3. Perform any duties of the Contractor
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.
12/04 01410 -1 03-4138
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.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01505
' CONTROL OF WORK
1.01 QUALITY OF WORK
' A. The Contractor shall furnish personnel and equipment which will be efficient, appropriate
and large enough to secure a satisfactory quality of work and a rate of progress which will
insure the completion of the work within the time stipulated in the Proposal. If at any time
such personnel appear to the Engineer to be inefficient, inappropriate or insufficient for
securing the quality of work required or for producing the rate of progress aforesaid, he
may order the Contractor to increase the efficiency, change the character or increase the
personnel and equipment, and the Contractor shall conform to such order. Failure of the
Engineer to give such order shall in no way relieve the Contractor of his obligations to
secure the quality of the work and rate of progress required.
1.02 OBSTRUCTIONS
A. The attention of the Contractor is drawn to the fact that during digging at the Project site,
the possibility exists of the Contractor encountering various water, sewer, petroleum, gas,
telephone, electrical, or other lines not shown on the Drawings. The Contractor shall
' exercise extreme care before and during digging to locate and flag these pipes so as to
avoid damage to the existing pipes. Should damage occur to an existing pipe, The
Contractor shall repair the pipe at no cost to the City.
B. The Contractor shall protect all existing utilities and improvements not designated for
removal and shall restore damaged or temporarily relocated utilities and improvements to a
condition equal to or better than they were prior to such damage or temporary relocation,
all in accordance with requirements of the Contract Documents.
' C. The Contractor shall verify the exact locations and depths of all utilities shown and the
Contractor shall make exploratory excavations of all utilities that may interfere with the
work. All such exploratory excavations shall be performed as soon a practicable after
award of the contract and, in any event, a sufficient time in advance of construction to
avoid possible delays to the Contractor's work. When such exploratory excavations show
the utility location as shown to be in error, the Contractor shall so notify the Engineer.
iD. The number of exploratory excavations required should be that number which is sufficient
to determine the alignment and grade of the utility. Test pits shall be dug at the
' Contractor's expense, as directed.
E. The Contractor shall protect all Underground Utilities and other improvements that may be
impaired during construction operations. It shall be the Contractor's responsibility to
ascertain the actual location of all existing utilities and other improvements that will be
encountered in its construction operations, and to see that such utilities or other
' improvements are adequately protected from damage due to such operations. The
Contractor shall take all possible precautions for the protection of unforeseen utility lines to
provide for uninterrupted service and to provide such special protection as may be
necessary.
1 12/04 01505 -1 03 -4138
F. In case it shall be necessary to move the property of any public utility or franchise holder,
such utility company or franchise holder will, upon request of the Contractor, be notified by
the Owner to move such property within a specified reasonable time. When utility lines
that are to be removed are encountered within the area of operations, the Contractor shall
notify the Engineer a sufficient time in advance for the necessary measures to be taken to
prevent interruption of service.
G. Where the proper completion of the work requires the temporary or permanent removal
' and/or relocation of an existing utility or other improvement that is indicated, the
Contractor shall remove and, without unnecessary delay, temporarily replace or relocate
such utility or improvement in a manner satisfactory to the Engineer and the owner of the
facility. In all cases of such temporary removal or relocation, restoration to former location
shall be accomplished by the Contractor in a manner that will restore or replace the utility
or improvement as nearly as possible to its former locations and to as good or better
condition than found prior to removal.
H. Existing utility lines that are indicated or the locations of which are made known to the
Contractor prior to excavation and that are to be retained, and all utility lines that are
constructed during excavation operations shall be protected from damage during excavation
and backfilling and, if damaged, shall be immediately repaired or replaced by the
Contractor at the Contractor's expense. Sewer laterals are included.
I. All repairs to a damaged utility or improvement are subject to inspection and approval by
an authorized representative of the utility or improvement owner before being concealed by
backfill or other work.
J. All oil and gasoline pipelines, power, and telephone or the communication cable ducts, gas
and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power
and communication wires and cables encountered along the line of the work shall remain
continuously in service during all the operations under the Contract, unless other
' arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct,
main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be
responsible for and shall repair all damage due to its operations, and the provisions of this
Section shall not be abated even in the event such damage occurs after backfilling or is not
discovered until after completion of the backfilling.
1.04 SITE CLEANLINESS
A. Dust Abatement - The Contractor shall furnish all labor, equipment, and means required
and shall carry out effective measures wherever and as often as necessary to prevent its
operation from producing dust in amounts damaging to property, cultivated vegetation, or
domestic animals, or causing a nuisance to persons living in or occupying buildings in the
vicinity. The Contractor shall be responsible for any damage resulting from any dust
originating from its operations. The dust abatement measures shall be continued until the
Contractor is relieved of further responsibility by the Engineer.
' B. Rubbish Control - During the progress of the work, the Contractor shall keep the site of the
work and other areas used by it in a neat and clean condition, and free from any
' accumulation of rubbish. The Contractor shall dispose of all rubbish and waste materials of
any nature occurring at the work site, and shall establish regular intervals of collection and
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disposal of such materials and waste. The Contractor shall also keep its haul roads free
from dirt, rubbish, and unnecessary obstructions resulting from its operations. Disposal of
all rubbish and surplus materials shall be off the site of construction in accordance with
local codes and ordinances governing locations and methods of disposal, and in
conformance with all applicable safety laws, and to the particular requirements of Part 1926
of the OSHA Safety and Health Standards for Construction.
C. Sanitation
Toilet Facilities - Fixed or portable chemical toilets shall be provided wherever
needed for the use of employees. Toilets at construction job sites shall conform to
the requirements of Part 1926 of the OSHA Standards for Construction.
2. Sanitary and Other Organic Wastes - The Contractor shall establish a regular daily
collection of all sanitary and organic wastes. All wastes and refuse from sanitary
facilities provided by the Contractor or organic material wastes from any other
source related to the Contractor's operations shall be disposed of away from the site
in a manner satisfactory to the Engineer and in accordance with all laws and
regulations pertaining thereto.
1.05 SALVAGE
A. Any existing equipment or material including but not limited to, valves, pipes, fittings,
couplings, etc., which is removed or replaced as a result of construction under this project
may be designated as salvage by the Engineer or City and if so shall be excavated, if
necessary, and delivered to the City by a location directed by the City. Any equipment or
material not worthy of salvaging, as directed by the City, shall be disposed of by the
Contractor at a suitable location.
PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION
3.01 COOPERATION WITHIN THIS CONTRACT
A. All firms or persons authorized to perform any work under this Contract shall cooperate
with the General Contractor and his subcontractors or trades, and shall assist in
incorporating the work of other trades where necessary or required.
B. Cutting and patching, drilling and fitting shall be carried out where required by the trade or
subcontractor having jurisdiction, unless otherwise indicated herein or directed by the
Engineer.
3.02 PROTECTION OF CONSTRUCTION AND EQUIPMENT
A. All newly constructed work shall be carefully protected from injury in any way. No
wheeling or walking or placing of heavy loads on it shall be allowed and all portions
injured shall be reconstructed by the Contractor at his own expense.
END OF SECTION
12/04 01505 -3 03-4138
e
e
SECTION 0 15 10
TEMPORARY UTILITIES
PART I - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary utilities required for construction, remove on
completion of work.
1.02 RELATED REQUIREMENTS
A. Section 01010: Summary of Work
1.03 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with National Electric Code.
B. Comply with Federal, State and Local codes and regulations and with utility company
requirements.
C. Comply with County Health Department and Environmental Regulations.
PART 2- PRODUCTS
2.01 MATERIALS
A. Materials may be new or used, but must be adequate in capacity for the required usage,
must not create unsafe conditions, and must not violate requirements of applicable codes
and standards.
2.02 TEMPORARY ELECTRICITY AND LIGHTING
A. Arrange with utility company, provide service required for power and lighting, and pay
all costs for service and for power used in the construction, testing and trial operation
prior to final acceptance of the work by the Owner.
B. Install circuit and branch wiring, with the area distribution boxes located so that power
and lighting is available throughout the construction by the use of construction type
power cords.
C. Provide adequate artificial lighting for all areas of work when natural light is not
adequate to work, and all areas accessible to the public.
12/04 01510 -1 03 -4138
2.03 TEMPORARY WATER
A. Arrange with the Owner to provide water for construction purposes.
B. Install branch piping with taps located so that water is available throughout the
construction by the use of hoses.
C. Install at each and every connection to the Owner water supply a backflow preventor
meeting the requirements of ANSI A40.6, latest revision. Contractor shall be required to
meter all water used.
2.04 TEMPORARY SANITARY FACILITIES
A. Provide sanitary facilities in compliance with laws and regulations.
B. Service, clean and maintain facilities and enclosures.
2.05 TEMPORARY HEAT AND VENTILATION
A. Provide temporary heat and ventilation as required to maintain adequate environmental
conditions to facilitate progress of the Work, to meet specified minimum conditions for
the installation of materials, and to protect materials and finishes from damage due to
temperature or humidity.
B. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to
disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or
gases.
C. Portable heaters shall be standard approved units complete with controls.
D. Pay all costs of installation, maintenance, operation and removal, and for fuel consumed.
E. Provide connections to existing facilities, extend and supplement with temporary units as
required to comply with requirements. Pay all costs of installation, maintenance,
operation and removal. Owner will pay costs of fuel used from the existing system.
2.06 TEMPORARY TELEPHONE SERVICE
A. Arrange with local telephone service company, provide direct line telephone service at
the construction site for the use of personnel and employees. Service required:
1. One direct line instrument in Contractor's Field Office for Dade County.
2. One direct line instrument in Field Office of Engineer with local access from
Dade County.
3. One direct line facsimile (FAX) machine in Contractor's Field Office.
4. Other instruments at the option of the Contractor, or as required by regulations.
12/04 01510 -2 03 -4138
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1
B. Pay all costs for installation, maintenance and removal, and service charges for local
calls. Toll charges shall be paid by the party who places the call.
PART 3 - EXECUTION
3.01 GENERAL
A. Comply with applicable requirements specified in Division 15 - Mechanical and in
Division 16 - Electrical.
B. Maintain and operate systems to assure continuous service.
C. Modify and extend systems as work progress requires.
3.02 REMOVAL
A. Completely remove temporary materials and equipment when their use is no longer
required.
B. Clean and repair damage caused by temporary installations or use of temporary facilities.
C. Restore permanent facilities used for temporary services to specified condition.
END OF SECTION
1 12/04 01510 -3
03 -4138
SECTION 01532
TREE AND PLANT PROTECTION
PART1- GENERAL
1.01 SCOPE OF WORK
A. Provide all equipment and materials, and do all work necessary to protect existing trees
and plants from damage as a result of the contractor's operations.
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02481 - Shrub and Tree Relocation
C. Section 02490 - Trees, Plants and Groundcover
1.03 REFERENCED STANDARDS
A. Comply with applicable requirements of the following standards. Where these standards
conflict with other specified requirements, the most restrictive requirements shall govern.
1. International Society of Arboriculture (ISA): Guide for establishing values of
trees and other plants.
1.04 SUBMITTALS
A. Proposed methods, materials to be employed, and schedule for effecting tree and plant
protection shall be submitted for approval.
1.05 DAMAGE PENALTIES
A. Certain specimen trees adjacent to construction areas and in other key locations will be
identified by the Owner and the Landscape Architect, and marked with red tags. Loss or
damage to these trees will result in replacement with equal canopy.
B. If any trees or shrubs are damaged that are designated to be saved then replacement is
required. They shall be replaced with equal number and diameter of trees or shrubs of the
same species and variety, as specified by the Owner and Architect, shall be furnished and
planted by the Contractor, no additional cost to owner. The total inch diameter of the
replacement trees or shrubs shall equal the diameter of the tree of shrub to be replaced.
The Contractor shall not be liable for any loss or damage which occurs while the
Contractor is complying with instructions given by the Owner, Landscape Architect, or
Arborist working on the project.
1.06 VEGETATION PROTECTIVE SIGNAGE (PRESERVATION AREAS)
A. Two types of signs shall be posted throughout the property with respect to the care of
vegetation. The signs are as follows:
1. A sign at all access points to the construction areas, informing all personnel that
they are entering "Protection Area ".
12/04 01532 -1 03 -4138
'PART 2- PRODUCTS
' 2.01 TREE PROTECTION FENCING
A. Tree protection fencing shall be:
' 1. Mesh fence 6 ft. high minimum, with 4 "x4 "x6' pressure treated wood posts.
B. Posts shall be spaced l Oft. on center maximum.
tC. 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:
t 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.
IEND OF SECTION
I
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SECTION 01540
SECURITY
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Security Program
B. Entry Control
C. Personnel Identification
D. Miscellaneous Restrictions
1.02 RELATED SECTIONS
A. Section 01010 - Summary of Work
B. Section 0 15 10 - Temporary Utilities
1.03 SECURITY PROGRAM
A. Protect Work, existing premises and Owner's operations from theft, vandalism and
unauthorized entry.
B. Initiate program in coordination with Owner's existing security system at job
mobilization.
C. Maintain program throughout construction period until Owner occupancy as directed by
Engineer.
1.04 ENTRY CONTROL
A. Restrict entrance of persons and vehicles into project site and existing facilities.
B. Allow entrance only to authorized persons with proper identification.
C. Maintain log of workmen and visitors, make available to Owner on request.
D. Coordinate access of Owner's personnel to site in coordination with Owner's security
forces.
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1.05 PERSONNEL IDENTIFICATION
A. Become familiar with Owner and Engineer representatives.
B. Restrict access to job site to these representatives.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
12/04
END OF SECTION
01540 -2
03 -4138
SECTION 01550
SITE ACCESS AND STORAGE
PARTI - GENERAL
1.01 HIGHWAY LIMITATIONS
A. The Contractor shall make his own investigation of the condition of available public and
private roads and of clearances, restrictions, bridge load limits, and other limitations
affecting transportation and ingress and egress to the site of the work.
1.02 CONTRACTOR'S WORK AND STORAGE AREA
A. The Contractor shall make his own arrangements for any necessary off -site storage or
shop areas necessary for the proper execution of the work.
PART II - PRODUCTS (Not Used)
PART III - EXECUTION (Not Used)
END OF SECTION
12/04 01550 -1 03 -4138
SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDE
1.02
WIN
A. Material and equipment incorporated into the Work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type and quantity specified, or as specifically approved
in writing by the Engineer.
3. Manufactured and Fabricated Products:
a. Design, fabricate and assemble in accord with the best engineering and
shop practices.
b. Manufacture like part of duplicate units to standard sizes and gauges, to
be interchangeable.
C. Two or more items of the same kind shall be identical, by the same
manufacturer.
d. Products shall be suitable for service conditions.
e. Equipment capacities, sizes and dimensions shown or specified shall be
adhered to unless variations are specifically approved in writing.
4. Do not use material or equipment for any purpose other than that for which it is
designed or is specified.
RELATED REQUIREMENTS
A. Section 01010: Summary of Work
B. Section 01030: Special Project Procedures
C. Section 01340: Shop Drawings, Working Drawings and Samples
D. Section 01720: Project Record Documents
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
12/04 01600 -1 03 -4138
' 1. Maintain one set of complete instructions at the job site during installation and
until completion.
' B. Handle, install, connect, clean, condition and adjust products in strict accord with such
instructions and in conformity with specified requirements.
' 1. Should job conditions or specified requirements conflict with manufacturer's
instructions, consult with Engineer for further instructions.
2. Do not proceed with work without clear instructions.
C. Perform work in accord with manufacturer's instructions. Do not omit any preparatory
step or installation procedure unless specifically modified or exempted by Contract
Documents.
1.05 TRANSPORTATION AND HANDLING
A. Arrange deliveries of Products in accord with construction schedules, coordinate to avoid
conflict with work and conditions at the site.
Deliver Products in undamaged condition, in manufacturer's original containers or
packaging, with identifying labels intact and legible.
1 12/04 01600 -2 03 -4138
product and to form an opinion as to its conformity to the specifications. The data shall
comply with Paragraph 1.07 of this Section.
'
C.
Facilities and labor for handling and inspection of all materials and equipment shall be
furnished by the Contractor. If the Engineer requires, either prior to beginning or during
progress of the work, the Contractor shall submit samples of materials for such special
'
tests as may be necessary to demonstrate that they conform to the specifications. Such
samples shall be furnished, stored, packed, and shipped as directed at the Contractor's
expense.
D.
The Contractor shall submit data and samples sufficiently early to permit consideration
'
and approval before materials are necessary for incorporation in the work. Any delay of
approval resulting from the Contractor's failure to submit samples or data promptly shall
not be used as a basis of claim against the Owner or the Engineer.
E.
In order to demonstrate the proficiency of workmen or to facilitate the choice among
several textures, types, finishes, and surfaces, the Contractor shall provide such samples of
workmanship or finish as may be required.
F.
The materials and equipment used on the work shall correspond to the approved samples
or other data.
'
1.04 MANUFACTURER'S INSTRUCTIONS FOR INSTALLATION
A.
When Contract Documents require that installation of work shall comply with
manufacturer's printed instruction, obtain and distribute copies of such instructions to
parties involved in the installation, including copies to the Engineer.
' 1. Maintain one set of complete instructions at the job site during installation and
until completion.
' B. Handle, install, connect, clean, condition and adjust products in strict accord with such
instructions and in conformity with specified requirements.
' 1. Should job conditions or specified requirements conflict with manufacturer's
instructions, consult with Engineer for further instructions.
2. Do not proceed with work without clear instructions.
C. Perform work in accord with manufacturer's instructions. Do not omit any preparatory
step or installation procedure unless specifically modified or exempted by Contract
Documents.
1.05 TRANSPORTATION AND HANDLING
A. Arrange deliveries of Products in accord with construction schedules, coordinate to avoid
conflict with work and conditions at the site.
Deliver Products in undamaged condition, in manufacturer's original containers or
packaging, with identifying labels intact and legible.
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2. Immediately on delivery, inspect shipments to assure compliance with
requirements of Contract Documents and approved submittals, and that Products
' are properly protected and undamaged.
B. Provide equipment and personnel to handle Products by methods to prevent soiling or
' damage to Products or packaging.
1.06 STORAGE AND PROTECTION
A. The Contractor shall furnish a covered, weather protected storage structure providing a
clean, dry, non - corrosive environment for all mechanical equipment, valves, electrical and
instrumentation equipment, and special equipment to be incorporated into this project.
Storage of equipment shall be performed to allow easy access and be in strict accordance
with the "instructions for storage" of each equipment supplier and manufacturer including
weather/humidity protection, connection of heaters, placing of storage lubricants in
' equipment, blocking, or skid storage, etc. Corroded, damaged or deteriorated equipment
and parts shall be replaced before acceptance of the project. Equipment and materials not
properly stored will not be included in a payment estimate.
B. Store Products in accordance with manufacturer's instructions, with seals and labels intact
and legible.
1. Store products subject to damage by the elements in weather -tight enclosures.
2. Maintain temperature and humidity within the ranges required by manufacturer's
instructions.
3. Store fabricated products above the ground on blocking or skids, prevent soiling
or staining. Cover products which are subject to deterioration with impervious
sheet coverings, provide adequate ventilation to avoid condensation.
' 4. Store loose granular materials in a well drained area on solid surfaces to prevent
mixing with foreign matter.
' 5. All unlabeled or improperly labeled materials shall be removed from the project
site.
C. All materials and equipment to be incorporated in the work shall be handled and stored by
the Contractor before, during, and after shipment in a manner to prevent warping,
twisting, bending, breaking, chipping, rusting, and any injury, theft or damage of any kind
' whatsoever to the material or equipment.
D. Cement, sand and lime shall be stored under a roof and off the ground and shall be kept
' completely dry at all times. All structural and miscellaneous steel, and reinforcing steel
shall be stored off the ground or otherwise to prevent accumulations of dirt or grease, and
to minimize rusting. Brick, block and similar masonry products shall be handled and
' stored in a manner to reduce breakage, chipping, cracking, and spalling to a minimum.
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
1 12/04 01600 -3 03 -4138
71
'
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
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.
'
H.
Protection After Installation:
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
damage from traffic and subsequent construction operations. Remove covering
removal.
'
G.
Arrange storage in a manner to provide easy access for inspection. Make periodic
inspections of stored Products to assure that Products are maintained under specific
conditions, and free from damage or deterioration.
'
H.
Protection After Installation:
1. Provide substantial coverings as necessary to protect installed products from
'
damage from traffic and subsequent construction operations. Remove covering
when no longer needed.
1.
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 deficiencies noted in previously
transmitted written notice and debit the cost associated with these corrections from the
Contractor's Contract. These costs may be comprised of expenditures for labor, equipment
usage, administrative, clerical, engineering and any other costs associated with making the
'
necessary corrections.
1.07 SUBSTITUTIONS AND PRODUCT OPTIONS
1 A. Products List:
1. Within 30 days after the effective date of the Agreement, submit to the Engineer a
complete list of major products proposed to be used, with the name of the
manufacturer and the installing subcontractor.
B. Contractor's Options:
1. For Products specified only by reference standard, select any product meeting that
standard.
2. For Products specified by naming several products or manufacturers, select any
one of the products or manufacturers named, which complies with the
specifications.
1 12/04 01600 -4 03 -4138
1
' 3. The Engineer shall be the judge of the acceptability of the proposed substitution.
4. No substitutions will be considered by the Engineer after 30 days from the
Contract Date.
D. Contractor's Representation:
' 1. A request for a substitution constitutes a representation that Contractor:
' a. Has investigated the proposed Product and determined that it is equal to
or superior in all respects to that specified
b. Will provide the same warranties or bonds for the substitution as for the
' Product specified
C. Will coordinate the installation of an accepted substitution into the Work,
and make such other changes as may be required to make the Work
complete in all respects
d. Waives all claims for additional costs, under his responsibility, which may
subsequently become apparent.
E. The Engineer will review requests for substitutions with reasonable promptness, and
notify Contractor, in writing, of the decision to accept or reject the requested substitution.
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 12/04 01600 -5 03 -4138
"or
3. For products specified by naming one or more Products or manufacturers and
equal ", Contractor must submit a request as for substitutions for any Product or
'
manufacturer not specifically named.
C. Substitutions:
1. For a period of 30 days after the effective date of the Agreement, the Engineer
will consider written requests from Contractor for substitution of Products.
2. Submit a separate request for each Product, supported with complete data, with
drawings and samples as appropriate, including:
a. Comparison of the qualities of the proposed substitution with that
specified
b. Changes required in other elements of the work because of the
substitution
C. Effect on the construction schedule
d. Cost data comparing the proposed substitution with the Product specified
'
e. Any required license fees or royalties
f. Availability of maintenance service, and source of replacement materials
' 3. The Engineer shall be the judge of the acceptability of the proposed substitution.
4. No substitutions will be considered by the Engineer after 30 days from the
Contract Date.
D. Contractor's Representation:
' 1. A request for a substitution constitutes a representation that Contractor:
' a. Has investigated the proposed Product and determined that it is equal to
or superior in all respects to that specified
b. Will provide the same warranties or bonds for the substitution as for the
' Product specified
C. Will coordinate the installation of an accepted substitution into the Work,
and make such other changes as may be required to make the Work
complete in all respects
d. Waives all claims for additional costs, under his responsibility, which may
subsequently become apparent.
E. The Engineer will review requests for substitutions with reasonable promptness, and
notify Contractor, in writing, of the decision to accept or reject the requested substitution.
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 12/04 01600 -5 03 -4138
1 1.09 WARRANTY
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1
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A. For all major pieces of equipment, submit a warranty from the equipment manufacturer.
1.10 SPARE PARTS
A. Spare parts for certain equipment provided under Division 11 through 16 have been
specified in the pertinent sections of the Specifications. The Contractor shall collect and
store all spare parts so required in an area to be designated by the Engineer. In addition,
the Contractor shall furnish to the Engineer an inventory listing all spare parts, the
equipment they are associated with, the name and address of the supplier, and the
delivered cost of each item. Copies of actual invoices for each item shall be furnished
with the inventory to substantiate the delivered cost.
1.11 GREASE, OIL AND FUEL
A. All grease, oil and fuel required for testing of equipment shall be furnished with the
respective equipment. The Owner shall be furnished with a year's supply of required
lubricants including grease and oil of the type recommended b the manufacturer with each
item of the equipment supplied under Division 11 through 16.
B. The Contractor shall be responsible for changing the oil in all drives and intermediate
drives of each mechanical equipment after initial break -in of the equipment, which in no
event shall be any longer than three weeks of operation.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
01600 -6
03 -4138
SECTION 01700
' PROJECT CLOSEOUT
PART 1 - GENERAL
1.01 RELATED REQUIREMENTS
A. General provisions of Contract, including General and Supplementary Conditions.
B. Warranty and bond submittal.
C. Closeout submittals, warranties and bonds required for specific products of work.
1.02 SECTION INCLUDES
A. Administrative and procedural requirements for project closeout.
' 1. Inspection procedures.
2. Project record document submittal.
3. Final cleaning.
1.03 SUBSTANTIAL COMPLETION
' A. Before requesting inspection for certification of Substantial Completion, complete the
following. List exceptions in the request.
1. If 100 percent completion cannot be shown, include a list of incomplete items,
the value of incomplete construction, and reasons the Work is not complete.
' 2. Advise Owner of pending insurance change -over requirements.
' 3. Submit specific warranties, workmanship bonds, maintenance agreements, final
certifications and similar documents.
4. Obtain and submit releases enabling the Owner unrestricted use of the Work and
access to services and utilities; include occupancy permits, operating certificates,
and similar releases.
' 5. Submit record drawings, maintenance manuals, and similar final record
information.
6. Complete start-up testing of systems, and instruction of the Owner's operating
and maintenance personnel. Discontinue or change over and remove temporary
facilities from the site, along with construction tools, mock -ups, and similar
' elements.
1
' 12/04 01700 -1 03 -4138
I
B. When the Contractor considers the Work to be substantially complete, he shall submit a
written notice to the Engineer that the Work, or designated portion of the Work, is
complete and ready for inspection.
C. Within a reasonable time of receipt of a request for inspection, the Engineer will either
proceed with inspection or advise the Contractor of unfulfilled requirements. When the
Engineer and Owner concur that the Work, or designated portion of the Work, is
substantially complete, the Engineer will prepare the Certificate of Substantial
Completion following inspection.
D. Should the Engineer determine that the Work is not substantially complete, he will advise
the Contractor of construction that must be completed or corrected before the certificate
will be issued.
1. The Engineer will repeat inspection when requested and assured that the Work
has been substantially completed.
2. Results of the completed inspection will form the basis of requirements for final
acceptance.
1.04 FINAL COMPLETION
A. When Contractor considers the Work to be complete, he shall submit written certification
to the Engineer that the Work is completed and ready for final inspection. Include the
following:
1. Submit the final payment request with releases and supporting documentation not
previously submitted and accepted. Include certificates of insurance for products
and completed operations where required.
2. Submit an updated final statement, accounting for final additional changes to the
Contract Sum.
3. Submit a certified copy of the Engineer's final inspection list of items to be
completed or corrected, stating that each item has been completed or otherwise
resolved for acceptance, the list has been endorsed and dated by the Engineer.
4. Submit final meter readings for utilities, a measured record of stored fuel, and
similar data as of the date of Substantial Completion, or when the Owner took
possession of and responsibility for corresponding elements of the Work.
5. Submit consent of surety to final payment.
6. Submit evidence of final, continuing insurance coverage complying with
insurance requirements.
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I
B. The Engineer will inspect the Work upon receipt of notice that the Work, including
inspection list items from earlier inspections, has been completed, except items whose
completion has been delayed because of circumstances acceptable to the Engineer.
Upon completion of inspection, the Engineer will prepare a certificate of final
acceptance, or advise the Contractor of Work that is incomplete, or of obligations
that have not been fulfilled but are required for final acceptance.
2. If necessary, reinspection process will be repeated.
1.05 RECORD DOCUMENT SUBMITTALS
A. Maintain at the site one complete set of record documents; protect from deterioration and
loss in a secure, fire- resistive location.
Provide access to record documents for the Engineer's reference during normal
working hours.
2. Label each document "PROJECT RECORD" in 2 -inch high printed letters.
3. Do not use for construction purposes.
B. Record Drawings: Maintain a clean, undamaged set of blue or black line white - prints of
Contract Drawings and Shop Drawings. Mark the set to show the actual installation
where the installation varies substantially from the Work as originally shown. Mark
whichever drawing is most capable of showing conditions fully and accurately; where
Shop Drawings are used, record a cross - reference at the corresponding location on the
Contract Drawings. Give particular attention to concealed elements that would be
difficult to measure and record at a later date.
1. Mark record sets with red erasable pencil; use other colors to distinguish between
variations in separate categories of the Work.
2. Mark new information that was not shown on Contract Drawings or Shop
Drawings.
3. Note related Change Order numbers where applicable.
4. Organize record drawing sheets into manageable sets, bind with durable paper
cover sheets, and print suitable titles, dates and other identification on the cover
of each set.
The record drawings shall correctly and accurately show all changes from the Contract
Documents made during construction and shall reflect surveyed information, which shall
be verified and certified by an independent Professional Land Surveyor registered in the
State of Florida. The drawings shall be neat and legible.
a. Record Drawings Submittal Requirements: Record drawings to be submitted
shall consist of three sets of signed and sealed sets of prints.
01700 -3 03 -4138
' C. Record Specifications: Maintain one complete copy of the Project Manual, including
addenda, and one copy of other written construction documents such as Change Orders
' and modifications issued in printed form during construction.
1. Mark these documents to show substantial variations in actual Work performed
' in comparison with the text of the Specifications and modifications.
2. Give particular attention to substitutions, selection of options and similar
information on elements that are concealed or cannot otherwise be readily
' discerned later by direct observation.
3. Note related record drawing information and Product Data.
' D. Record Product Data: Maintain one copy of each Product Data submittal.
' 1. Mark these documents to show significant variations in actual Work performed
in comparison with information submitted. Include variations in products
delivered to the site, and from the manufacturer's installation instructions and
' recommendations.
2. Give particular attention to concealed products and portions of the Work that
cannot otherwise be readily discerned later by direct observation.
3. Note related Change Orders and mark -up of record drawings and Specifications.
' E. Record Sample Submitted: Immediately prior to the date or dates of Substantial
Completion, the Contractor will meet at the site with the Engineer and the Owner to
determine which of the submitted Samples that have been maintained during progress of
' the Work are to be transmitted to the Owner for record purposes. Comply with delivery to
the Owner's Sample storage area.
t F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements
of miscellaneous record - keeping and submittals in connection with actual performance of
the Work.
' G. At Contract close -out, deliver one copy of Record Documents to Engineer for Owner.
Accompany submittal with transmittal letter in duplicate containing the following
' information:
1. Date.
' 2. Project title and number.
3. Contractor's name and address.
4. Title and number of each Record Document.
' 5. Signature of Contractor or his authorized representative.
1 12/04 01700 -4 03 -4138
1
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 FINAL CLEANING
A. Remove temporary protection and facilities installed for protection of the Work during
construction.
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning. Do not burn waste materials. Do not bury debris or excess materials on the
Owner's property. Do not discharge volatile, harmful or dangerous materials into
drainage systems. Remove waste materials from the site and dispose of in a lawful
manner.
C. Where extra materials of value remaining after completion of associated Work have
become the Owner's property, arrange for disposition of these materials as directed.
12/04
END OF SECTION
01700 -5
03 -4138
SECTION 01710
CLEANING
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Execute cleaning, during progress of the Work, and at completion of the Work, as
required by General Conditions.
1.02 RELATED REQUIREMENTS
A. Conditions of the Contract.
B. Each Specification Section: Cleaning for specific Products or work.
1.03 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations,
and anti- pollution laws.
PART 2- PRODUCTS
2.01 MATERIALS
A. Use only those cleaning materials which will not create hazards to health or property and
which will not damage surfaces.
B. Use only those cleaning materials and methods recommended by manufacturer of the
surface material to be cleaned.
C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.
PART 3 - EXECUTION
3.01 DURING CONSTRUCTION
A. Execute periodic cleaning to keep the Work, the site and adjacent properties, free from
accumulations of waste materials, rubbish and windblown debris, resulting from
construction operations.
B. Provide on -site containers for the collection of waste materials, debris and rubbish.
C. Remove waste materials, debris and rubbish from the site periodically and dispose of at
legal disposal areas away from the site.
END OF SECTION
12/04 01710 -1 03 -4138
DOCUMENT 01720
PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Maintain at the site for the Owner one record copy of:
1. Drawings
2. Specifications
3. Addenda
4. Change Orders and other Modifications to the Contract
5. Engineer's Field Orders or Written Instructions
6. Approved Shop Drawings, Working Drawings, and Samples
7. Field Test Reports
8. Construction Photographs
1.02 RELATED REQUIREMENTS
A. Section 01340: Shop Drawings, Working Drawings, and Samples
B. Section 01050: Field Engineering
C. Section 01701: Project Closeout
1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in Contractor's field office apart from documents used for
construction.
B. File documents and samples in accordance with CSI format number system.
C. Maintain documents in a clean, dry, legible condition and in good order. Do not use
record documents for construction purposes.
D. Make documents and samples available at all times for inspection by the Engineer.
E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the
currently updated "record documents" for review by the Engineer and the Owner.
12/04 01720 -1 03 -4138
1.04 RECORDING
A. Label each document "PROJECT RECORD" in neat large printed letters.
B. Record information concurrently with construction progress.
C. Drawings; Legibly mark record actual construction:
1. Depths of various elements of foundation in relation to finish grade elevations.
2. All underground piping with elevations and dimensions. Changes to piping
location. Actual installed pipe material, class, etc.
3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure.
4. Field changes of dimensions and details.
5. Changes made by Field Order or by Change Order.
6. Details not on original contract drawings.
7. Equipment and piping relocations.
D. Specifications and Addenda; legibly mark each Section to record:
1. Manufacturer, trade name, catalog number and supplier of each product and item
of equipment actually installed.
2. Changes made by field order or by Change Order.
E. Shop Drawings (after final review and approval):
1. One set of record shop drawings for each process equipment, piping, (including
casings) electrical system and instrumentation system.
1.05 SUBMITTAL
A. At Close -out, deliver Record Documents to the Engineer for the Owner.
B. Accompany submittal with transmittal letter in duplicate, containing:
1. Date
2. Project Title and Number
3. Contractor's Name and Address
4. Title and Number of each Record Document
5. Signature of Contractor or his Authorized Representative
12/04 01720 -2 03 -4138
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
12/04 01720 -3 03 -4138
SECTION 01730
OPERATING AND MAINTENANCE DATA
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile product data and related information appropriate for Owner's maintenance and
operation of products furnished under Contract.
1. Prepare operating and maintenance data as specified in this Section and as
referenced in other pertinent sections of Specifications.
B. Instruct Owner's personnel in maintenance of products and in operation of equipment
and systems.
1.02 RELATED REQUIREMENTS
A. Section 01030: Special Project Procedures
B. Section 01340: Shop Drawings, Working Drawings and Samples
C. Section 01700: Contract Closeout
D. Section 01720: Project Record Documents
E. Section 01740: Warranties & Bonds
1.03 QUALITY ASSURANCE
A. Preparation of data shall be done by personnel:
1. Trained and experienced in maintenance and operation of described products.
2. Familiar with requirements of this Section.
3. Skilled as technical writers to the extent required to communicate essential data.
4. Skilled as draftsman competent to prepare required drawings.
1.04 FORM OF SUBMITTALS
A. Prepare data in form of an instructional manual for use by Owner's personnel.
B. Format:
1. Size: 8 1/2 inches x 11 inches
2. Paper: 20 pound minimum, white, for typed pages.
12/04 01730 -1 03-4138
3. Text: Manufacturer's printed data, or neatly typewritten.
4. Drawings:
a. Provide reinforced punched binder tab, bind in with text.
b. Reduce larger drawings and fold to size of text pages, but not larger than
11 inches x 17 inches.
5. Provide fly -leaf for each separate product, or each piece of operating equipment.
a. Provide type description of product, and major component parts of
equipment.
b. Provide indexed tabs.
6. Cover: Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS ". List:
a. Title of Project
b. Identity of separate structure as applicable.
C. Identity of general subject matter covered in this manual.
C. Binders:
1. Commercial quality three -post binders with durable and cleanable plastic covers.
2. Maximum post width: 2 inches
3. When multiple binders are used, correlate the data into related consistent
groupings.
1.05 CONTENT OF MANUAL
A. Neatly typewritten table of contents for each volume, arranged in systematic order.
1. Contractor, name of responsible principal, address and telephone number.
2. A list of each product required to be included, indexed to content of the volume.
3. List, with each product, name, address and telephone number of:
a. Subcontractor of installer
b. Maintenance contractor, as appropriate
C. Identify area of responsibility of each
d. Local source of supply for parts and replacement.
4. Identify each product name and other identifying symbols as set forth in Contract
Documents.
B. Product Data:
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I . Include only those sheets which are pertinent to the specific product.
2. Annotate each sheet to:
a. Clearly identify specific product or part installed.
b. Clearly identify data applicable to installation.
C. Delete references to inapplicable information.
C. Drawings:
I. Supplement product date with drawings as necessary to clearly illustrate:
a. Relations of component parts of equipment and systems.
b. Control and flow diagrams.
2. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation.
3. Do not use Project Record Documents as maintenance drawing.
D. Written text, as required to supplement product date for the particular installation:
1. Organize in consistent format under separate headings for different procedures.
2. Provide logical sequence of instructions of each procedure.
E. Copy of each warranty, bond and service contract issued:
I . Provide information sheet for Owner's personnel, give:
a. Proper procedures in event of failure.
b. Instances which might affect validity of warranties or bonds.
1.06 MANUAL FOR MATERIALS AND FINISHES
A. Submit five copies of complete manual in final form.
B. Content; for architectural products, applied materials and finishes:
1. Manufacturer's data, giving full information on products.
a. Catalog number, size, composition.
b. Color and texture designations.
C. Information required for re- ordering special- manufactured products.
12/04 01730 -3 03-4138
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2. Instructions for care and maintenance.
a. Manufacturer's recommendation for types of cleaning agents and
methods.
b. Cautions against cleaning agents and methods which are detrimental to
product.
C. Recommended schedule for cleaning and maintenance.
C. Content, for moisture - protection and weather- exposed products:
1. Manufacturer's data, giving full information on products:
a. Applicable standards.
b. Chemical composition.
C. Details of installation.
2. Instructions for inspection, maintenance and repair.
D. Additional requirements for maintenance data: Respective sections of Specifications.
E. Provide complete information for products specified.
1.07 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Submit five copies of complete manual in final form.
B. Content, for each unit of equipment and system, as appropriate:
1. Description of unit and component parts.
a. Function, normal operating characteristics and limiting conditions
b. Performance curves, engineering data and tests
C. Complete nomenclature and commercial number of replaceable parts
2. Operating procedures:
a. Startup, break -in, routine and normal operating instructions
b. Regulation, control, stopping, shutdown and emergency instructions
C. Summer and winter operating instructions
d. Special operating instructions
3. Maintenance Procedures:
12/04
a. Routine operations
b. Guide to "trouble- shooting"
C. Disassembly, repair and reassembly
d. Alignment, adjusting and checking
01730 -4
03 -4138
4. Servicing and lubrication schedule
a. List of lubricants required
5. Manufacturer's printed operating and maintenance instructions
6. Description of sequence of operation by control manufacturer
7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams
required for maintenance
a. Predicted list of parts subject to wear
b. Items recommended to be stocked as spare parts
8. As- installed control diagrams by controls manufacturer
9. Each contractor's coordination drawings
a. As- installed color coded piping diagrams
10. Charts of valve tag numbers, with location and function of each valve
H. List of original manufacturer's spare parts, manufacturer's current prices and
recommended quantities to be maintained in storage
12. Other data as required under pertinent sections of specifications
C. Contents, for each electric and electronic system, as appropriate:
1. Description of system and component parts
a. Function, normal operating characteristics, and limiting conditions
b. Performance curves, engineering data and tests
C. Complete nomenclature and commercial number of replaceable parts
2. Circuit directories of panel- boards
a. Electrical service
b. Controls
3. As- installed color -coded wiring diagrams
4. Operating procedures:
a. Routine and normal operating instructions
b. Sequences required
C. Special operating instructions
12/04 01730 -5 03 -4138
5. Maintenance procedures:
a. Routine operations
b. Guide to "trouble- shooting"
C. Disassembly, repair and reassembly
d. Adjustment and checking
6. Manufacturer's printed operating and maintenance instructions
7. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage.
8. Other data as required under pertinent sections of specifications
D. Prepare and include additional data when the need for such data becomes apparent
during instruction of Owner's personnel.
E. Additional requirements for operating and maintenance data: Respective sections of
Specifications.
F. Provide complete information for product specified.
1.08 SUBMITTAL SCHEDULE
A. Submit two copies of preliminary draft of proposed formats and outlines of contents of
Operation and Maintenance Manuals within 30 days after Notice to Proceed.
1. The Engineer will review the preliminary draft and return one copy with
comments.
B. Submit two copies of completed data in final form no later than 30 days following the
Engineer's review of the last shop drawing and submittal specified under Section 01340.
1. One copy will be returned with comments to be incorporated into final copies.
C. Submit specified number of copies of approved data in final form directly to the offices
of the Engineer, Calvin, Giordano within 30 calendar days of product shipment to the
project site and preferably within 30 days after the reviewed copy is received.
D. Submit six copies of addendum to the operation and maintenance manuals as applicable
and certificates as specified in paragraph 1.0113 of Section 01030 within 30 days after
final inspection and plant start-up test.
E. Final Operation and Maintenance submittals shall be in large three ring binders
organized by specification Section and plainly marked per paragraph 1.04(C).
1 12/04 01730 -6 03 -4138
1.09 INSTRUCTION OF OWNER'S PERSONNEL
A. Prior to final inspection or acceptance, fully instruct Owner's designated operating and
maintenance personnel in operation, adjustment and maintenance of products, equipment
and systems.
B. Operating and maintenance manual shall constitute the basis of instruction.
1. Review contents of manual with personnel in full detail to explain all aspects of
operations and maintenance.
1.10 ENGINEER'S O & M CHECKLIST
A. The Engineer will review Operation and Maintenance Manuals submittals on operating
equipment for conformance with the requirements of this Section. The review will
generally be based upon the checklist presented on the following pages (Table 01730) for
the benefit of the Contractor and his suppliers.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
12/04 01730 -7 03 -4138
TABLE 01730
O & M REVIEW CHECKLIST
EQUIPMENT SUBMITTED DATE OF SUBMITTAL
MANUFACTURER DEGREE OF APPROVAL
SPECIFICATION SECTION DRAWING NUMBER
Is submittal correct for model /series /configuration originally submitted with shop
drawings?
Is binding correct with assigned color /printing etc.?
(Pertains to final three volumes)
Is submittal properly indexed?
Does submittal pertain only to equipment being furnished?
Is submittal easily understood and instructively arranged?
Does submittal include start -up, shutdown and trouble - shooting procedures?
Are sufficient drawings and schematics included to supplement written descriptions?
Is listing of name plate data for each piece of equipment supplied provided and attached?
Are all drawings provided printed on paper which is 11 inches high and folded to 8 1/2
inches wide?
Is proper and complete instruction for servicing included?
Is there a suggested operating log sheet for equipment?
Is schedule for lubrication provided?
Is there a recommended preventative maintenance schedule?
Are necessary safety precautions clearly indicated where they relate to the equipment?
Is area representative information provided, i.e., Name, Address, Telephone Number?
Are specified spare parts indicated and listed?
The following are points of rejection necessitating resubmittal by Contractor:
END OF SECTION
12/04 01730 -8 03 -4138
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SECTION 01740
WARRANTIES AND BONDS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Compile specified warranties and bonds, as in Articles 3 and 11 of the General Conditions
and Section 01030 of these Specifications.
B. Co- execute submittals when so specified.
C. Review submittals to verify compliance with Contract Documents.
D. Submit to the Engineer for review and transmittal to Owner.
1.02 RELATED REQUIREMENTS
A. Instructions to Bidders: Bid or Proposal Bonds
B. Conditions of the Contract: Performance Bond and Payment Bond
C. Section 01030: Special Project Procedures
D. Section 01701: Contract Closeout
1.03 SUBMITTAL REQUIREMENTS
A. Assemble warranties, bond, service and maintenance contracts, executed by each of the
respective manufacturers, suppliers, and subcontractors.
B. Number of original signed copies required: two each.
C. Table of Contents: neatly typed, in orderly sequence. Provide complete information for
each item.
1. Product or work item
2. Firm, with name of principal, address and telephone number
3. Scope
4. Date of beginning of Warranty, bond or service and maintenance contract
5. Duration of warranty, bond or service maintenance contract
12/04 01740 -1 03 -4138
6. Provide information for Owner's personnel:
a. Proper procedure in case of failure
b. Instances which might affect the validity of warranty or bond
7. Contractor, name of responsible principal, address and telephone number
1.04 FORM OF SUBMITTALS
A. Prepare in duplicate packets
B. Format:
1. Size 8 1/2 inches x 11 inches, punch sheets for standard 3 -post binder
2. Cover: Identify each packet with typed or printed title "WARRANTIES AND
BONDS ". List:
a. Title of Project
b. Name of Contractor
C. Binders: Commercial quality, three -post binder, with durable and cleanable plastic covers
and maximum post width of 2 inches.
1.05 WARRANTY SUBMITTAL REQUIREMENTS
A. For all major pieces of equipment, submit a one -year warranty from the equipment
' manufacturer. The manufacturer's warranty period shall be concurrent with the
Contractor's for one (1) year commencing at the time of acceptance by the Owner (see
Section 01030).
B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all
major equipment specified under division 7, 11, 13, 14, 15 and 16 and which has a 1 HP
motor or which lists for more than $1,000. The Engineer reserves the right to request
warranties for equipment not classified as major. The Contractor shall still warrant
equipment not considered to be "major" in the Contractor's one -year warranty period even
though certificates of warranty may not be required.
C. In the event that the equipment manufacturer or supplier is unwilling to provide a one -year
warranty commencing at the time of Owner acceptance, the Contractor shall obtain from
the manufacturer a two (2) year warranty commencing at the time of equipment delivery to
the job site. This two -year warranty from the manufacturer shall not relieve the Contractor
of the one -year warranty starting at the time of Owner acceptance of the equipment.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
12/04 01740 -2 03 -4138
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1 SECTION 02100
' SITE PREPARATION
PART1- GENERAL
' 1.01 SCOPE OF WORK
' A. This Section covers clearing and grubbing of the construction site as specified herein.
B. Clear and grub the area within the limits of construction as required. The ENGINEER shall
' establish the length and width of the area to be cleared and grubbed prior to the beginning
of any work.
PART 2 - PRODUCTS (Not Used)
' PART 3 - EXECUTION
3.01 CLEARING
A. The surface of the ground for the area to be cleared and grubbed shall be completely
' cleared, as indicated on the plans, as well other objectionable obstructions resting on or
protruding through the surface of the ground. However, those trees that are designated on
the plans to remain shall be preserved as hereinafter specified. Clearing operations shall be
conducted so as to prevent damage to existing structures and installations, and to those
under construction, so as to provide for the safety of employees and others. Clearing for
structures shall consist of topsoil, vegetation and lime sludge removal.
t3.02 GRUBBING
' A. Grubbing shall consist of the complete removal of all stumps, roots larger than 1 1/2 inches
in diameter, matted roots, brush, timber, logs and any other organic or metallic debris
resting on, under or protruding through the surface of the ground to a depth of 18 inches
' below the subgrade. All depressions excavated below the original ground surface for or by
the removal of such objects, shall be refilled with suitable materials and compacted to a
density conforming to the surrounding ground surface.
' B. In areas so designated, top soil, not muck shall be stockpiled. Topsoil so stockpiled shall
be protected until it is placed as specified. Any topsoil remaining after all work is in place
' shall be disposed of by the Contractor in the manner specified in Section 02221.
3.04 DISPOSAL OF CLEARED AND GRUBBED MATERIAL
A. The Contractor shall dispose of all material and debris from the clearing and grubbing
operation by shipping such material and debris and disposing such material to a suitable
location as required by the Engineer or the governmental agencies. Disposal by deep burial
' will not be permitted. The cost of disposal of material (including hauling) shall be
considered a subsidiary obligation of the Contractor, the cost of which shall be included in
the contract prices.
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1 3.05 PRESERVATION OF TREES
' A. The Contractor shall erect such barricades, guards, and enclosures as may be considered
necessary by him for the protection of all trees during all construction operations. Refer to
Section 0 153 2-2 for specifications.
' B. Paint, oil solvents, asphalt, concrete, mortar, and other tree contaminants shall not be used
or stored within the tree dripline.
' C. All tree trimming to facilitate construction shall be performed to the National Arborist
Association (NAA) standards by a certified tree company.
' D. Any tree that is destructively damaged, destroyed, or cut down as a result of this
construction shall be replaced at an inch to inch diameter. The minimum tree replacement
shall be a two -inch diameter and ten foot high Florida Grade #1 or better tree. The
' Department of Development Administration shall be consulted as to the type of tree.
E. The Contractor shall exercise all necessary precautions so as not to damage or destroy any
' trees or shrubs, including those lying within street rights -of -way and project limits, and
shall not trim or remove any trees unless such trees have been approved for trimming or
removal by the jurisdictional agency or City. The Contractor shall notify the jurisdictional
' agency and/or the City if any tree is damaged by the Contractor's operations. If, in the
opinion of said agency or the City, the damage is such that replacement is necessary, the
Contractor shall replace the tree at his own expense as directed by the City.
' END OF SECTION
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SECTION 02200
EARTHWORK
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Excavation, fill, and backfill.
1.02 QUALITY ASSURANCE
A. Perform excavation work in compliance with applicable requirements of governing
authorities having jurisdiction.
1.03 PROJECT CONDITIONS
A. Locate existing underground utilities in areas of work. Provide adequate means of support
and protection during earthwork operations.
B. Should uncharted, or incorrectly charted, piping or other utilities be encountered during
excavation, consult utility owner immediately for directions. Cooperate with Owner and
utility companies in keeping respective services and facilities in operation. Repair
damaged utilities to satisfaction of utility owner and at no additional cost to the owner.
C. Do not interrupt existing utilities serving occupied facilities.
D. Use of Explosives: Not Permitted.
E. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused
by settlement, lateral movement, undermining, washout and other hazards created by
earthwork operations.
PART 2- PRODUCTS
2.01 SOIL MATERIALS
A. Satisfactory Soil Materials: ASTM D -2321 soil classification designation Class I, 11, and
III.
B. Unsatisfactory Soil Materials: ASTM D -2321 soil classification designation Class N and
V.
C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel,
crushed stone, crushed slag, natural or crushed sand.
D. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed
gravel, with 100 percent passing a 1 -1/2 in. sieve and not more than 5 percent passing a
No. 4 sieve.
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E. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger
than 2 in. in any dimension, debris, waste, frozen materials, vegetable and other
deleterious matter.
PART 3 - EXECUTION
3.01 EXCAVATION
A. Excavation is Unclassified, and includes excavation to subgrade elevations indicated,
regardless of character of materials and obstructions encountered.
B. Unauthorized Excavation: Removal of materials beyond indicated subgrade elevations or
dimensions without specific direction. Unauthorized excavation, as well as remedial work
directed by Engineer, shall be at Contractor's expense.
C. Additional Excavation:
12/04
1. When unsuitable bearing materials are encountered at required subgrade
elevations, carry excavations deeper and replace excavated material as directed by
Engineer.
2. Removal of unsuitable material and its replacement as directed will be paid on
basis of contract conditions relative to changes in work.
D. Stability of Excavations:
1. Slope sides of excavations to comply with local codes and ordinances having
jurisdiction.
2. Shore and brace where sloping is not possible because of space restrictions or
stability of material excavated.
3. Maintain sides and slopes of excavations in safe condition until completion of
backfilling.
E. Shoring and Bracing:
1. Establish requirements for trench shoring and bracing to comply with local codes
and authorities having jurisdiction.
2. Maintain shoring and bracing in excavations regardless of time period excavations
will be open. Carry down shoring and bracing as excavation progresses.
F. Dewatering:
1. Prevent surface water and subsurface or groundwater from flowing into
excavations.
2. Do not allow water to accumulate in excavations.
02200 -2
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3. Provide and maintain pumps, well points, sumps, suction and discharge lines, and
other dewatering system components necessary to convey water away from
excavations.
G. Stockpile satisfactory excavated materials where directed, until required for backfill or fill.
Place, grade and shape stockpiles for proper drainage.
H. Excavation for Trenches: Dig trenches to the uniform width required for particular item to
be installed, sufficiently wide to provide ample working room. Provide minimum 6 in.
clearance on each side of pipe or conduit.
1. Excavate trenches to depth indicated or required for indicated flow lines and
invert elevations.
2. Where rock is encountered, carry excavation 6 in. below scheduled elevation and
backfill with a 6 in. layer of crushed stone or gravel prior to installation of pipe.
3. For pipes or conduit 5 in. or less, excavate to indicated depths. Hand excavate
bottom cut to accurate elevations and support pipe or conduit on undisturbed soil.
4. For pipes or conduit 6 in. or larger, tanks and other work indicated to receive
subbase, excavate to subbase depth indicated, or, if not otherwise indicated, to 6
in. below bottom of work to be supported.
5. Except as otherwise indicated, excavate for exterior water- bearing piping so top of
piping is minimum Y -6" below finished grade.
6. Grade bottoms of trenches as indicated, notching under pipe bells to provide solid
bearing for entire body of pipe.
I. Do not backfill trenches until tests and inspections have been made and backfilling
authorized by Engineer.
3.02 COMPACTION
1 12/04
A. Areas to be compacted shall be moistened and compacted by either rolling, tamping or any
other approved method by the Engineer in order to obtain a minimum 90% standard
proctor density for the foundation, bedding, haunching, and initial backfill, and a
minimum of 85% standard proctor density for the final backfill. The Contractor shall
inspect all compacted areas prior to further construction operations to ensure that
satisfactory compaction has been obtained. All backfill adjacent to structures and pipes
shall be compacted to a density of not less than 100 percent of the maximum standard
proctor density. If density tests are required, such tests shall be made as directed by the
Engineer at the expense of the Contractor. The Contractor shall instruct the testing
laboratory to forward copies of all test reports to the Engineer. Written notice from the
Contractor shall precede completion of compaction operations by at least two working
days.
B. Moisture Control: Where subgrade or layer of soil material must be moisture conditioned
before compaction, uniformly apply clean water to surface of subgrade, or layer of soil
02200 -3 03 -4138
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material, to prevent free water appearing on surface during or subsequent to compaction
operations.
Remove and replace, or scarify and air dry, soil material that is too wet to permit
compaction to specified density.
2. Moisture content of soil shall be within 2% of the optimum.
3. Soil material that has been removed because it is too wet to permit compaction,
but is otherwise satisfactory may be stockpiled or spread and allowed to dry.
Assist drying by discing harrowing or pulverizing until moisture content is
reduced to satisfactory value.
C. Place fill material in layers not more than 12- inches loose depth for material compacted by
hand - operated tampers. Use manually operated sled -type vibratory compactors next to
structures and confined areas not accessible to heavy mechanical compaction equipment.
D. If the Engineer shall determine that added moisture is required, water shall be applied by
sprinkler tanks or other sprinkler systems, which will insure uniform distribution of the
water over the area to be treated, distribution of the water over the area to be treated, and
give complete and accurate control of the amount of water to be used. If too much water
is added, the area shall be permitted to dry before compaction is continued.
E. The Contractor shall supply all hose, piping, valves, sprinklers, pumps, sprinkler tanks,
hauling equipment, and all other materials and equipment necessary to place the water in
the fill in the manner specified.
3.03 BACKFILL AND FILL
1 12/04
A. Place specified soil material in layers to required subgrade elevations:
1. In excavations, use satisfactory excavated or borrow material.
2. Under grassed areas, use satisfactory excavated or borrow material.
3. Under walks and pavements, use subbase material, or satisfactory excavated or
borrow material, or combination of both. Place shoulders along edges of subbase
course to prevent lateral movement with satisfactory excavated or borrow
material.
4. Under steps, use subbase material.
5. Under building slabs, use drainage fill material.
6. Under piping and conduit, use subbase material where subbase is indicated under
piping or conduit; shape to fit bottom 90 degrees of cylinder.
02200 -4 03 -4138
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IB. Backfill excavations as promptly as work permits, but not until completion of the
t
12/04 02200 -5 03 -4138
following:
'
1. Acceptance of construction below finish grade including waterproofing and
perimeter insulation.
2. Inspection, testing, approval, and recording locations of underground utilities.
3. Removal of shoring and bracing, and backfilling of voids with satisfactory
'
materials.
C.
Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious
'
materials from ground surface prior to placement of fills. Plow strip, or break -up sloped
surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing
surface.
for
D.
When existing ground surface has a density less than that specified particular area
classification, break up ground surface, pulverize, moisture- condition to optimum
moisture content, and compact to required depth and percentage of maximum density.
E.
Place backfill and fill materials in layers of 8 in. loose depth for material compacted by
'
heavy compaction equipment, and 6 in. in loose depth for material compacted by hand
operated tampers.
F.
Before compaction, moisten or aerate each layer as necessary to provide optimum
moisture content. Do not place backfill or fill material on surfaces that are muddy, frozen,
or contain frost or ice.
'
G.
Place backfill and fill materials evenly adjacent to structures, without wedging against
structures or displacement of piping or conduit. Compaction equipment used within 10 ft.
of buried walls and soil supported structures shall not exceed 2000 lbs.
'
3.04 GRADING
'
A.
General: Uniformly grade fill areas within limits of project including adjacent transition
areas. Smooth finished surface within specified tolerances, compact with uniform levels
or slopes between points where elevations are shown, or between such point and existing
grades. No soft spots or uncompacted areas will be allowed in the work.
B.
Grading Surface of Athletic Field Fill: Athletic field shall be sloped at 1.0% from the
crown to the edge of the field on each side, and compacted as specified.
C.
Grading Outside Athletic Field Lines: Finished grade adjacent to or outside of athletic
field shall be restored to original elevations.
D.
Stones or rock fragments larger than 2 -1/2 inches in their greatest dimension will not be
permitted in the top 6- inches of the subgrade line of all dike, fills or embankments.
t
12/04 02200 -5 03 -4138
E. All cut and fill slopes shall be uniformly dressed to the slope, cross section and alignment
shown on the Drawings, or as directed by the Engineer to prevent ponding water on
driveways, walkways or against structures.
F. During grading, protect all buried valved extensions and covers, sprinklers and any other
mechanical or structural object protruding from below grade.
3.05 FIELD QUALITY CONTROL
A. Contractor will engage soil testing and inspection service for quality control testing during
earthwork operations.
B. Allow testing service to inspect and approve subgrades and fill layers before further
construction work is performed.
C. If in opinion of Engineer, based on testing service reports and inspection, subgrade or fills
that have been placed below specified density, provide additional compaction and testing
at no additional expense to Owner.
3.06 CLEANING AND PROTECTION
A. Protect newly graded areas from traffic and erosion. Keep free of trash and debris.
B. Repair and re- establish grades in settled, eroded, and rutted areas to specified tolerances.
C. Remove excess excavated and waste materials, including unacceptable excavated material,
trash and debris, and legally dispose of it off Owner's property.
END OF SECTION
12/04 02200 -6 03 -4138
SECTION 02210
FINE GRADING
PART1 GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment or services to complete the Fine
Grading work, as indicated on the drawings, as specified herein or both, except as for
items specifically indicated as "NIC ITEMS ".
1.02 RELATED WORK
A Section 02481 - Shrub and Tree Relocation
B. Section 02484 - Soil Preparation and Soil Mixes
C. Section 02487 - Sodding
D. Section 02490 - Trees, Plants, and Groundcovers
1.03 SITE INSPECTION
A. The Contractor shall visit the site and acquaint himself with all existing conditions. The
Contractor shall be responsible for his own subsurface investigations, as necessary, to
satisfy requirements of this Section. All subsurface investigations shall be performed
only under time schedules and arrangements approved in advance by the Landscape
Architect or Owner's Representative.
1.04 EXISTING CONTOURS
A. The existing grades shown on the drawings are approximate only (within + 2 inches) and
the contractor is responsible for grading to meet existing grades as required.
B. The contours and grades established under contract will be the finished grades shown.
The Contractor under this Contract shall perform the work for construction using the
finished grades previously established and making whatever corrections and /or repairs to
grades to make them consistent with the requirements of the drawings and specifications.
C. Established finished grades shall be approved by the Landscape Architect for all project
areas prior to initiating landscape planting.
1.05 UTILITIES
A. Before starting site operations verify that the earlier contractors have disconnected all
temporary utilities that might interfere with the fine grading work.
B. Locate all existing, active utility lines traversing the site and determine the requirements
for their protection. Preserve in operating condition all active utilities adjacent to or
transversing the site that are designated to remain.
1 12/04 02210 -1 03 -4138
L
1
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117
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C. Observe rules and regulations governing respective utilities in working under
requirements of this section. Adequately protect utilities from damage, remove or
relocate as indicated, specified or required. Remove, plug or cap inactive or abandoned
utilities encountered in excavation. Record location of active utilities.
1.06 QUALITY ASSURANCE
A. Requirements of all applicable building codes and other public agencies having
jurisdiction upon the work.
B. Primary emphasis should be given to the aesthetic appearance and functioning of
berming and swales, as directed by the Landscape Architect or Owner's Representative.
The Contractor shall employ skilled personnel and any necessary equipment to ensure
that finish grading is smooth, aesthetically pleasing, drains well, and is ideal for
receiving sod and plant materials.
PART 2 MATERIALS
2.01 TOP SOIL
A. In areas to receive turf, rough grade shall be 6 inches below finished grades, verify that
soil contains enough organic matter to support and encourage rooting of sod. Fill is to be
fine, compacted satisfactory fill material with no rocks larger than 2- inches.
B. Both surface and subsurface before and after fill operations shall be checked to confirm
that percolation/compaction levels meet the needs of the proposed planting for that area.
C. 12 inches of 80 -20 Topsoil mix shall be used on all turf and planting areas, it shall be
free from debris, sod, biodegradable materials, and other deleterious materials. The
Contractor shall ensure that all subsurface soil has sufficient percolation and surface
drainage to support grasses and plant material and that compaction shall be no greater
than 85% and no less than 75 %.
PART 3 EXECUTION
3.01 EXCAVATION
A. Excavate where necessary to obtain subgrades, percolation and surface drainage as
required.
B. Materials to be excavated are unclassified.
C. Remove entirely any existing obstructions after approval by the Landscape Architect's or
Owner's Representative.
D. Remove from site and dispose of debris and excavated material not required.
1 12/04 02210 -2 03 -4138
' 3.02 GRADING
' A. The Contractor shall establish finished grades as shown on the Engineers grading plans
and Landscape Architects Aesthetic Grading Plans, and as directed by Landscape
Architect and /or Owner's Representative, including areas where the existing grade has
been disturbed by other work.
B. Finished grading shall be smooth, aesthetically pleasing, drain well and ready to receive
sod and other plant material to full satisfaction of Landscape Architect and Owner's
Representative.
3.03 COMPACTION
1
� I
A. Compact each layer of fill in designated areas with approved equipment to achieve a
minimum 90% standard proctor density for the foundation, bedding, haunching, and
initial backfill, and a minimum of 85% standard proctor density for the final backfill
maximum density at optimum moisture.
1. Under landscaped area, compaction shall not exceed 85% of maximum density.
B. No backfill shall be placed against any masonry or other exposed building surface until
permission has been given by the Owner's Representative, and in no case until the
masonry has been in place seven days.
C. Compaction in limited areas shall be obtained by the use of mechanical tampers or
approved hand tampers. When hand tampers are used, the materials shall be deposited in
layers not more than four inches thick. The hand tampers used shall be suitable for this
purpose and shall have a face area of not more than 100 square inches. Special
precautions shall be taken to prevent any wedging action against masonry, or other
exposed building surfaces.
3.04 CORRECTION OF GRADE
A. Bring to required grade levels areas where settlement, erosion or other grade changes
occur. Adjust grades as required to carry drainage away from buildings and to prevent
ponding around the buildings and on pavements.
B. Remove all rock or objectionable material larger than 1 inch any direction prior to
commencing landscaping.
C. Contractor shall be responsible for stabilizing grades by approved methods prior to
landscaping, and shall be responsible for correction of grades as mentioned above, and
cleanup of any wash outs or erosion.
END OF SECTION
12/04 02210 -3 03 -4138
SECTION 02444
ORNAMENTAL STEEL FENCE SYSTEM, COMMERCIAL
PART1- GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, and appurtenances necessary for installation of the
commercial ornamental steel fence system as indicated on the drawings, as specified
herein or both.
1.02 RELATED WORK
A. Section 02100 — Site Preparation
B. Section 02200 - Earthwork
C. Section 03300 - Concrete
1.03 SYSTEM DESCRIPTION
A. The manufacturer shall supply a total commercial ornamental steel fence system of the
Ameristar® Aegis PIusTM GenesisTM design. The system shall include all components
(i.e., pickets, rails, posts, gates and hardware) required.
1.04 QUALITY ASSURANCE
A. Testing Agency: Independent testing laboratory
B. Requirements or Regulatory Agencies: Conform to requirements of all City, County and
State agencies.
C. Reference standards.
D. The contractor shall provide laborers and supervisors who are thoroughly familiar with
the type of construction involved and materials and techniques specified.
1.05 REFERENCES
ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc- Coated (Galvanized) or Zinc -
Iron Alloy Coated (Galvannealed) by the Hot Dip Process
ASTM A924/A924M - Standard Specification for General Requirements for Steel Sheet,
Metallic- Coated by the Hot Dip Process
ASTM A1011 /A1011M - Standard Specification for Steel, Sheet and Strip, Hot - Rolled, Carbon,
Structural, High - Strength and High - Strength Low -Alloy with Improved Formability
12/04 02444 -1 03 -4138
IASTM B117 - Practice for Operating Salt Spray (Fog) Apparatus
' ASTM D523 - Test Method for Specular Gloss
ASTM D822 - Practice For Conducting Tests On Paint and Related Coatings and Materials Using
' Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus
ASTM D1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to
Corrosive Environments
' ASTM D2244 - Test Method for Calculation of Color Differences From Instrumentally Measured
Color Coordinates
' ASTM D2794 - Test Method for Resistance of Organic Coatings to The Effects of Rapid
Deformation (Impact)
' ASTM D3359 - Test Method for Measuring Adhesion by Tape Test
' 1.06 SUBMITTAL
The manufacturer's literature shall be submitted prior to installation.
1.07 PRODUCT HANDLING AND STORAGE
Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during
' shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage,
and to protect against damage, weather, vandalism, and theft.
PART 2 - MATERIALS
2.01 MANUFACTURER
The commercial ornamental steel fence system shall conform to Ameristar® Aegis PIusTM, GenesisTM
(specify 2 -Rail, 3 -Rail, or 3 -Rail With Rings) style, with (specify standard flat -top or TriadTM or Quad -
FlareTM finials), manufactured by Ameristar Fence Products, Inc., in Tulsa, Oklahoma.
2.02 MATERIAL
A. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized after
forming, shall conform to the requirements of ASTM A1011 /1011M, with a minimum yield strength of
50,000 psi (344 MPa). The exterior shall hot -dip galvanized with a 0.45 oz/ft2 (138 g/m2) minimum zinc
weight. The interior surface shall be coated with a minimum 81% nominal zinc pigmented coating, 0.3
mils (0.0076mm) minimum thickness.
B. Steel material for fence framework (i.e., tubular pickets, rails, and posts), when galvanized prior to
forming, shall conform to the requirements of ASTM A924/924M, with a minimum yield strength of
50,000 psi (344 MPa). The steel shall be hot -dip galvanized to meet the requirements of ASTM
A653/A653M with a minimum zinc coating weight of 0.90 oz/ft2 (276 g/m2), Coating Designation G -90.
C. The manufactured galvanized framework shall be subjected to the PermaCoat® thermal stratification
coating process (high- temperature, in -line, multi - stage, multi - layer) including, as a minimum, a six -stage
12/04 02444 -2 03-4138
pretreatment/wash (with zinc phosphate), an electrostatic spray application of an epoxy base, and a
separate electrostatic spray application of a polyester finish. The base coat shall be a zinc -rich
thermosetting epoxy powder coating (gray in color) with a minimum thickness of 2 mils (0.0508mm).
The topcoat shall be a "no -mar" TGIC polyester powder coat finish with a minimum thickness of 2 mils
(0.0508mm). The color shall be (black). The stratification- coated framework shall be capable of meeting
the performance requirements for each quality characteristic shown in Table 1.
Table 1 — Coating Performance Requirements
Quality
ASTM Test
Performance
Characteristics
Method
Requirements
Adhesion
D3359 — Method B
Adhesion (Retention of
Coating) over 90% of test
area (Tape and knife test).
Corrosion
B117 & D1654
Corrosion Resistance over
Resistance
3,500 hours (Scribed per
D1654; failure mode is
accumulation of 1/8" coating
loss from scribe or medium #8
blisters).
Impact Resistance
D2794
Impact Resistance over 60
inch lb. (Forward impact
using 0.625" ball).
Weathering
D822, D2244,
Weathering Resistance over
Resistance
D523 (60°
1,000 hours (Failure
Method)
mode is 60% loss of gloss or
color variance of more
than 3 delta -E color units).
D. Material for fence pickets shall be 3/4" square x 16ga. tubing. The cross - sectional shape of the rails
shall conform to the manufacturer's ForeRunnerTM design with outside cross - section dimensions of 1.50"
square and a minimum thickness of 14ga. Picket holes in the ForeRunnerTM rail shall be spaced 4.70" o.c.
Picket retaining rods shall be 0.125" diameter galvanized steel. Posts shall be a minimum of 2 -1/2" square
x 12ga. High quality PVC grommets shall be supplied to seal all picket -to -rail intersections.
' 2.03 FABRICATION
' A. Pickets, rails, and posts shall be precut to specified lengths. ForeRunnerTM rails shall be pre - punched to
accept pickets. B. Grommets shall be inserted into the pre - punched holes in the rails and pickets shall be
inserted through the grommets so that pre - drilled picket holes align with the internal upper raceway of the
' ForeRunnerTM rails. (Note: This can best be accomplished by using an alignment template.) Retaining
rods shall be inserted into each ForeRunnerTM rail so that they pass through the predrilled holes in each
picket, thus completing the panel assembly.
' C. Completed panels shall be capable of supporting a 400 lb. load (applied at midspan) without permanent
deformation. Panels without rings shall be biasable to a 25% change in grade; panels with rings shall be
biasable to a 12.5% change in grade.
' D. Gates shall be fabricated using Aegis P1usTMpanel material and gate ends having the same outside
cross - section dimensions as the ForeRunnefrma rail. All rail and upright intersections shall be joined by
1 12/04 02444 -3 03 -4138
welding. All picket and rail intersections shall also be joined either by welding or by the same retaining
rod process used for panel assembly.
PART 3 - EXECUTION
3.01 PREPARATION
All new installation shall be laid out by the contractor in accordance with the construction plans.
3.02 INSTALLATION
Fence posts shall be set in accordance with the spacings shown in Table 2, plus or minus 1/2 ", depending
on the nominal span specified.
Table 2 — Post Spacing Requirements
Span
8' Nominal (92" Rail)
Post Size
2-1/2"
Post Settings f' /z O.C.
95 -1/2"
Gate posts shall be spaced according to the gate openings specified in the construction plans. The
"Earthwork" and "Concrete" sections of this specification shall govern post base material requirements.
Aegis PIusTM panels shall be attached to posts using mechanically fastened panel brackets supplied by the
manufacturer.
3.03 CLEANING
The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered
uniformly away from posts.
END OF SECTION
12/04 02444 -4 03 -4138
SECTION 02481
SHRUB AND TREE RELOCATION
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to complete the Fine
Grading work, as indicated on the drawings, as specified herein or both, except as for
items specifically indicated as "NIC ITEMS ".
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02484 - Soil Preparation and Soil Mixes
C. Section 02487 - Sodding
D. Section 02490 - Trees, Plants, and Groundcover
1.03 DESCRIPTION
A. Plant materials to be relocated on site are designated on the drawings or as directed by
the Landscape Architect.
B. The Contractor's crew utilized for the relocation of existing trees and shrubs shall have
minimum five years experience in relocation of existing plant materials and be
recognized by the American Association of Nurserymen.
C. Existing trees to remain shall be protected during all construction phases as noted on
demolition plan. Any trees or shrubs scarred or destroyed designated to remain will be
replaced at the Contractor's expense, with similar species, size and quality.
D. Remove other trees, saplings, shrubs, bushes, vines and undergrowth as necessary and as
directed by the Landscape Architect to accommodate new plantings. Prepare areas to be
planted per Specification Sections 02484, 02487, and 02490.
E. Resulting tree pits and shrub bed pits of relocated material shall be backfilled with clean
fill and brought back flush with surrounding grade if required. It shall be the
contractor's responsibility to correct problems caused by erosion, wind, etc., in the
reclaimed area where he has dug.
F. In areas where new plant material will replace relocated plant material, appropriate
planting soil mix shall be used as backfill.
12/04 02481 -1 03 -4138
' 1.04 SUBMITTALS
' A. Contractor to submit a list of equipment, procedure, and labor force anticipated for use
of shrub and tree relocation.
B. Contractor to submit a schedule by day as to how many units can be dug and relocated to
t specified areas. Note for those materials that may require root pruning, the relocation
schedule to begin at the end of the specified root pruning period.
I C. Contractor shall apply and secure any and all permits if required by any city, state, or
federal agency or governing body.
' 1.05 GUARANTEE
A. Guarantee all plant material for a period of twelve months after date of Substantial
Completion.
B. Replacement plants under this guarantee shall be replaced within two weeks of rejection
and guaranteed for twelve months from date of installation.
C. Repair damage to other plants, lawn or construction work during plant replacement at no
cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads,
' fences, site furnishings, etc.).
1.06 TAGGING
' A. Trees and shrubs within the designated areas for relocation shall be clearly marked by
means of yellow plastic surveyor's ribbons and coordinated with Landscape Architect
and shall be inspected and approved by the Owner's representative prior to root pruning
Iand /or digging.
1.07 ROOT PRUNING
'
A. Trees to be relocated shall be root pruned at least 45 days prior to digging with clean,
sharp equipment. No mechanical means (ie. Backhoes) may be utilized for the root
pruning only shovels or jackhammer type shovels shall be permitted. A pneumatic
excavating tool may be utilized to expose the roots at locations within 5' from existing
t
trees to better route lines or pipes to preserve the root mass of those trees noted to
remain. The specific requirements for root ball sizes shall be in accordance with the
t
table below or to the drip line of the tree. The root - pruned trees shall be watered 3 times
week by Landscape Contractor as of this contract.
a part
B. Palms and shrubs to be relocated shall be root pruned at least 30 days prior to digging,
'
with clean, sharp equipment. Palms relocated by tree spade may forego the root - pruning
requirement, but shall adhere to root ball size charts below.
C. Root Ball Size Chart - Note: Root ball sizes shall be in accordance with minimum
'
standards set forth in Grades and Standards for Nursery Plants Part II, Palms and Trees,
Florida Department of Agriculture.
1. LARGE SHRUBS - Minimum Ball Sizes:
a. Caliper Minimum Ball Diameter
1 12/04 02481 -2 03 -4138
12/04
I" - 1 -1/2" 1611
1 -1/2" - 1 -3/4" 2011
1 -3/4" - 2" 2211
2" - 2 -1/2" 2411
2 -1/2" - 3 -1/2" 2611
3 -1/2" - 4" 2811
4" - 4 -1/2" 3011
4 -1/2" - 5" 3211
5" - 5 -1/2" 3411
* Larger sizes increase proportionately.
b. Minimum Ball Depth
1) Balls with diameter less than 20" — depth not less than
75% of diameter.
2) Balls with diameter 20 " -30" — depth not less than 65% of diameter.
3) Balls with diameter 30" — 48" — depth not less than 60% of diameter,
4) Larger size scale down proportionately.
2. PALMS - Minimum Ball Sizes:
a. Heavy Trunk Types:
Caliper 18" Minimum
Ball Size
above ground (Measurements from Base
of Trunk at
Ground Level)
9 -12"
1011
13 -14"
1111
15 -16"
12"
17 -18"
13"
19 -20"
14"
21 -24"
15"
b. Slender Trunk Types (Palms):
Maximum 2 feet
Minimum Ball Size
clear trunk wood
(Measurements from
Base of Trunk at
Ground Level)
Caliper measurements
above ground
311
6 -1/2"
411
711
511
7 -1/2"
611
811
711
8-1/2"
811
911
911
9-1/2"
1011
1011
02481 -3
03 -4138
Clear trunk wood
2 -3 feet or more. 36"
C. Depth of Ball Minimum Ball Depth
1) Up to 2 ft 14"
clear wood
2) 2 ft or more 22"
clear wood
d. Cluster Types
Minimum ball to
exceed 8" beyond
outer trunk
Depth of Ball Minimum Ball Depth
1) 1 -6 ft 22"
clear trunk
2) 7 ft or more 30"
clear trunk
e. Roots must be sturdily established in ball that has been tightly wrapped
and securely tied with twine or wire, or pinned.
f. Burlapping will not be required if the palm is dug from marl or heavy
soil that adheres to roots and retains its shape without shattering,
provided moistened material is used to cover the ball, the roots are not
directly exposed to wind or sun, and the palm is planted within 24 hours
after being dug.
g. When collected palms are grown on top of rock and are peeled off, the
depth of the ball may be less than minimum ball size in chart, but width
of ball and volume of roots should be sufficient to ensure normal
recovery and continued growth.
1.08 WATERING
A. Following root pruning, trees designated for transplanting shall be watered for a period
of five consecutive days following root pruning and then every other day until moving.
Such watering shall thoroughly saturate the root ball to its full depth.
1 12/04 02481 -4 03 -4138
1.09 CROWN PREPARATION
A. Sabal Palms:
1. Cut off bottom fronds as necessary according to condition of palm and time of
moving
2. Cut off one or more unopened leaves on each side of tightly closed center leaf.
3. Tie several fronds in upright position to unopened center leaves.
4. Tie remaining fronds together using untreated cotton twine or 2 -inch burlap
strips.
NOTE: Another acceptable procedure is banding a length or lengths of 2x4
lumber on trunk extending to 3/4 height of unopened leaves and tying all fronds
and unopened leaves to lumber with untreated cotton twine. Adequate support
shall be given to the bud and opened leaves.
C. Cluster Type Palms:
1. Wire against the palm trunk a piece of 2x4 lumber of sufficient length to give
adequate support to open and unopened leaves. The lumber must also be long
enough to extend upward from where the bud emerges to within 3/4 of length of
all leaves and downward approximately the same distance from where it is wired
to trunk.
2. Tie fronds in upright position to lumber using untreated cotton twine.
3. Trunks with little or no wood may have their fronds tied to another trunk that is
supported by wood.
D. Shade and Flowering Trees:
1. Minimal trimming to the canopy shall occur. In so doing, preserve the basic
shape and form of the tree; eliminate cross - branching and dead or diseased
branches. Wrap 6 layers of burlapping around the trunk where nursery ties are to
be placed.
2. Treat cut areas larger than one inch (1 ") diameter with approved tree wound
dressing only at Landscape Architect's direction.
3. Selected species shall have all leaves hand stripped following pruning and prior
to moving.
4. Trees moved with leaves intact shall be treated with spray antidessicant
according to manufacturer's recommendations and upon Landscape Architect's
direction prior to moving.
12/04 02481 -5 03 -4138
1.10 TREE SPADING/HAND DIGGING
A. Plant materials indicated to be relocated may be relocated by means of a tree spade. The
specific requirements for root ball size shall be in accordance with root ball size charges,
Section 1.08.
B. Burlapping will be required if trees, large shrubs, or palms will be relocated to an area
not accessible by the tree spade equipment or if a tree spade is not used. Trees or palms
that are dug by tree spade and then burlapped for relocation shall comply and be handled
in same manner as new plant materials specified in Section 02490.
PART 2 - PRODUCTS "NOT APPLICABLE"
'PART 3- EXECUTION
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1 12/04
G. Inspect all plant material for insect/disease problems. Take appropriate action before
loading to ensure all plant material is free of any harmful insect/disease problem. This
precaution does not preclude rejection at the site. Apply pesticides in strict accordance
with manufacturer's recommendations and all government standards.
02481 -6 03 -4138
3.01 HANDLING AND TRANSPORTATION
A.
Trees, palms, and large shrubs shall be properly handled during moving so trunks will
not be scarred or damaged and to avoid broken limbs. Broken limbs or scarred /damaged
'
trunks shall cause plant to be unacceptable and rejected at Landscape Architect's option.
Broken limbs and wounds which do not (in the Landscape Architect's judgment) cause
the tree to be rejected shall be repaired under the following guidelines:
1. Properly prune dead, dying, or damaged branches with clean, sharp equipment.
2. Remove injured bark and wood of a tree wound with a clean, sharp knife to a
point where healthy bark and wood make contact at their margins.
'
3. Inspect and treat wounds for insect and disease.
4. Seal wounds with bituminous base wound paint only at Landscape Architect's
direction.
B.
Transport plant material on vehicles of adequate size to prevent overcrowding, broken
limbs, foliage damage or root ball damage.
C.
Root ball should be kept moist during all phases of relocation.
D.
Root ball sizes for small and medium shrubs shall be 1/3 larger than nursery grown stock
of the same size and species. Ensure root ball is solid and remains intact.
E.
Tree and palm crowns shall be protected with shade cloth to prevent desiccation and
wind burn. Crowns shall be periodically sprayed with water to help ensure against
desiccation.
!
F.
Groundcovers designated as divisions will consist of healthy offshoots with adequate
root mass to ensure successful transplant.
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1 12/04
G. Inspect all plant material for insect/disease problems. Take appropriate action before
loading to ensure all plant material is free of any harmful insect/disease problem. This
precaution does not preclude rejection at the site. Apply pesticides in strict accordance
with manufacturer's recommendations and all government standards.
02481 -6 03 -4138
' H. Plant material shall be handled only in ways and means accepted by the industry and
approved by the Landscape Architect.
I. Plant material shall be planted the same day it is dug. Preparation of planting pits or
beds shall be coordinated to ensure this schedule.
' 3.02 PLANTING
A. Tree Spade Material:
1. Plant materials that are tree spaded and are relocated to areas accessible by tree
spade equipment shall be planted in tree spaded planting pits as required.
2. Plant materials that are tree spaded and are relocated to areas that are not
accessible by tree spade equipment shall be planted according to procedures
described for new plant materials in Section 02490.
3. Contractor shall continue watering and caring for relocated material as described
in paragraph 3.04 and as described for new material, Section 02490.
B. Hand Dug Material:
I. Relocated plant material shall be planted according to procedures described for
new material, Section 02490. Additionally, terrasorb shall be added to backfill.
2. Contractor shall continue watering and caring for relocated material as described
' in paragraph 3.04 and as described for new material, Section 02490. Relocated
material which does not survive shall be replaced with equal canopy at no cost to
the Owner.
3.03 FERTILIZER
A. Relocated plant materials shall be fertilized immediately after transplanting.
B. Fertilizer shall be applied according to procedures described for new materials, 02484
and 02490.
i3.04 STAKING AND GUYING
A. Designated material shall be staked and guyed according to procedures described for new
plant materials, Section 02490.
3.05 WATERING
' A. Contractor shall be responsible for the manual watering of relocated plant materials by
providing a 90 -day watering program, until they are established.
! B. Following tree spading and /or relocation, trees and palms designated for transplanting
shall be watered twice a day for the first two weeks, every two days for the third week to
the sixth week following the installed date, every third day for the remainder of the 90
day period, completely saturating the root ball for a period of thirty consecutive days
following moving. Such watering shall thoroughly saturate the root ball to its full depth.
After ninety day watering period plant materials shall be watered and maintained as
according to procedures described for new plant materials, Section 02490.
12/04 02481 -7 03 -4138
3.06
MAINTENANCE
A. All relocated plant materials shall be maintained immediately after each item is planted
and continued until final inspection and acceptance.
B. All relocated plant materials shall be maintained in accordance to procedures described
in Section 02490.
END OF SECTION
1 12/04 02481 -8
03 -4138
IPART 1 - GENERAL
SECTION 02484
SOIL PREPARATION AND SOIL MIXES
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to complete the soil
preparation and soil mixes work, as indicated on the drawings, as specified herein or
both, except as for items specifically indicated as "NIC ITEMS ".
B. Including, but not limited to:
1. Topsoil
2. Soil Conditioners
3. Planting Soil Mixes
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02481 - Shrub and Tree Relocation
C. Section 02487 - Sodding
D. Section 02490 - Trees, Plants, and Groundcover
1.03 QUALITY ASSURANCE
A. Testing Agency: Independent testing laboratory
B. Requirements or Regulatory Agencies: Conform to requirements of all City, County and
State agencies.
C. Reference standards.
1.04 SUBMITTALS:
A. Test Reports: Test reports shall consist of pH range, major and minor element analysis,
soluble salt concentrations, and recommendations. Reports shall be identified by project
name, date, and soil mix type.
1. Results of topsoil (on -site existing soil) analysis.
2. Results of planting soil mix(es) analysis: One test required per each type of soil
mix (note: pH ranges for plant type).
B. Certificates:
1. The Contractor must submit certificates from suppliers stating that the topsoil
mix, sod and other landscape material used comply with requirements specified.
12/04 02484 -1 03 -4138
2. Manufacturer's certificate of fertilizer's chemical composition including but not
limited to percentage and derivation of nitrogen, phosphorus, potassium, and
micro - nutrients.
3. Manufacturer's certification and /or testing laboratory certification that content of
soil conditioners meet specification requirements.
C. Soil Samples:
1. Submit a one -pound sample of each soil mix specified.
1.05 JOB CONDITIONS
A. Contractor shall become familiar with the site and the required work to complete this
section in accordance with the drawings and what is specified herein.
B. Responsibility for fine grading shall occur under a separate contract. Any changes,
modifications, or disturbances to the fine grading shall be corrected by the responsible
contractor.
C. PROTECTION: Protect and avoid any damage whatsoever to existing walks, pavement,
curbs, utilities, plant material, and any other existing work.
PART 2- PRODUCTS
2.01 TOP SOIL
A. Topsoil shall be a 80 -20 mix, 80% fresh water sand (medium to coarse grade) and 20%
inland glades muck thoroughly mixed with a commercial shredder /blender or equivalent.,
It shall be suitable for ornamental plant growth and free from hard clods, stiff clay,
hardpan, gravel, subsoil, brush, large roots, refuse or other deleterious material, and of
reasonably uniform quality. No site mixing will be acceptable. 6 inches of topsoil depth
shall be required throughout.
B. Mechanical analysis: Topsoil and soil mixture(s) shall meet these specifications and the
following mechanical analysis, and shall be proportioned by volume rather than by
weight.
Sieve Size % Passing By Dry Weight
1 inch 99 -100
1/4 inch 97 -99
No. 100 40 -60
Materials larger than one -half inch shall be disposed of off the site or as directed by the
architect. Existing leaf litter and plant material shall be excluded from topsoil and soil
mix.
C. Maximum Soluble Salts: 300 ppm.
D. Sterilize topsoil to be used in soil mixture(s) to make free of all viable nut grass, and
other undesirable weed seeds.
12/04 02484 -2 03 -4138
' E. A sample of the sand and a sample of the 80 -20 sand and muck mixture shall be
submitted to the Owner for approval prior to installation.
' F. The Owner has the right to reject topsoil utilized at anytime during the execution of work
that does not meet specifications. Topsoil and planting soil will be tested at Owners
request for suitability of horticultural use.
1 2.02 SOIL CONDITIONERS
' A. Dolomitic Limestone: Approved product, designated for agriculture use.
B. Aluminum Sulfate: Manufacturer's standard commercial grade.
' C. Florida Peat: Suitable for plant growth, capable of sustaining vigorous plant growth, and
specifically pulverized for agricultural use. Florida peat shall be free of deleterious
materials that would be harmful to plant growth, shall be free of nematodes, shall be of
' uniform quality, and shall have a pH value between 5.5 and 6.5 (as determined in
accordance with ASTM E70). Florida peat shall be sterilized to make free of all viable
nut grass and other undesirable weeds.
' D. Pesticides: As recommended by applicable Agricultural Public Agencies. Need to be
stored in containers that will protect against accidental leaks, or off site.
' E. Herbicides: As recommended by applicable Agricultural Public Agencies. Need to be
stored in containers that will protect against accidental leaks, or off site.
I F. Soil Fumigants: As recommended by applicable Agricultural Public Agencies. Need to
be stored in containers that will protect against accidental leaks, or off site.
'
G. Fertilizer:
1. Commercial grade fertilizer to comply with State of Florida Fertilizer laws.
Chemical designation shall be as specified with at least 50% of the nitrogen
'
derived from a non -water soluble organic source and all potash to be derived
from sulfate forms for all plantings excluding sod and plantings on the lake
edges.
'
Chemical designation shall be as specified with at least 80% of the nitrogen
derived from a non - water - soluble organic source and all potash to be derived
'
from sulfate forms for all sod and plantings on lake edges.
The following minor elements shall be included:
'
2.2% ZnO 0.25% CuO
4.0% MgO 0.005% Fe203
0.5% MnO 0.1% B203
'
a. Federal Specifications 0-F0241 Type 1, Grade A or B.
b. The chemical designation for granular fertilizer for all plantings shall be
12 -8 -8.
2. Fertilizer to be stored in containers that will protect against accidental leaks, or
off site.
1
1 12/04 02484 -3 03 -4138
'
H.
Water: Free or substances harmful to growth of plants. Water shall also be free of
staining agents as well as elements causing odors.
'
I.
Soil Sterilizers: As recommended by State and Local Agriculture agencies.
J.
Sand: Clean, white, coarse - grained builders sand, free of substances harmful to growth
'
of plants.
K.
Supply complete information on all analysis /test methodologies and results; laboratory
certifications, manufacturer's specifications, and agency approvals to Landscape
Architect prior to placement of soil conditioners. Landscape contractor shall make all
modifications and improvements to soil and soil mixes deemed necessary by Landscape
'
Architect to meet requirements herein, and to ensure proper growing medium for all
material without cost to Owner, to
plant prior planting.
2.03 PLANTING SOIL MIXES
"muck ",
A.
Planting soil shall be an evenly blended mixture of 50% 25% coarse sand, 15%
spaghnum peat moss and 10% sterilized cow manure. Add 2 pounds of fertilizer,
specified to each cubic yard of soil and thoroughly mix. Mix shall be suitable for plant
'
growth and free from hard clods, stiff clay, hardpan, gravel, brush, large roots,
nematodes, weeds, refuse, or other deleterious material, and of reasonably uniform
'
quality.
B.
Palms: Planting soil mixture to be placed as backfill around the root balls of all Palms
shall consist of a mixture as specified above.
'
Note: Bottom 1/4 of planting pit shall be backfilled with clean, coarse - grained
builders sand.
'
C.
Trees, Shrubs, and Groundcovers: Planting soil mixture to be placed as backfill around
the root balls of all trees, shrubs, and groundcovers shall consist of a mixture of:
'
2/3 clean soil (existing soil from site)
1/3 approved Florida Peat
D.
Sterilize planting soil mixtures to make free of all viable nut grass, and other undesirable
'
weed seeds.
'
E.
All planting soil mixes shall be thoroughly blended to form a uniform planting medium
suitable for exceptional
plant growth.
F.
Test PH of existing soil and planting soil mixtures by method acceptable to current
'
industry standards. If pH is not between 6.0 and 7.0 add approved soil
conditioner /additive to bring PH within that range.
G.
Supply complete information on all analysis /test methodologies and results; laboratory
'
certifications, manufacturer's specifications, and agency approvals to Landscape
Architect prior to placement of soil mixtures. In addition, provide Landscape Architect
with thoroughly mixed sample of all soil mixes for approval prior to placement (note PH
'
ranges). Landscape Contractor shall make all modification and improvement to soil
mixes deemed necessary by Landscape Architect to meet requirements herein, and to
ensure proper growing medium for all plant material without cost to Owner, prior to
planting.
1 12/04 02484 -4 03 -4138
' PART 3 - EXECUTION
' 3.01 INSPECTIONS
A. Examine areas to receive soil preparation to assure work of other trades has been
completed.
' B. Verify that plants to remain undisturbed have been clearly identified and protected from
injury during construction. If not, identify and protect plants to remain according to
procedures set forth in Section 02490 - Trees, Plants and Groundcover. Refer to
Protective Fencing on plans.
' C. Remove all construction materials and debris from all areas to be landscaped, without
additional expense to Owner, prior to subsoil preparation.
D. Do not proceed with soil preparation until all unsatisfactory conditions are corrected.
1
3.02 SITE PREPARATION
A. General: Within the entire area to be landscaped as shown on the drawings, the
contractor shall complete the following site topsoil preparation items to eradicate all
existing weed and /or natural groundcover. Initiate site topsoil preparation as stated
' herein and coordinate all work with the existing underground sprinkler system and
electrical lines.
B. Post Emergence Herbicide: Apply "Roundup" as manufactured by Monsanto Corp.
according to manufacturer's recommended rate and specification within the limits of all
areas to be landscaped not specified as existing, to be relocated, or to be removed.
tProtect existing plants from overspray.
C. Pre - Emergence Herbicide: Apply "Ron- Star" or approved equal to all areas to be
landscaped according to the manufacturer's recommended rate and specification.
' Contractor shall be responsible to re -apply appropriate herbicide to eradicate all
remaining weeds and maintain a weed -free condition in all areas throughout all
landscape planting operations.
' 3.03 PERFORMANCE
' A. Subsoil: Remove all debris, gravel, rocks and other deleterious material over 2 inches in
diameter, within 12 inches of surface in areas to receive topsoil mixture, from the project
site. Fine grade subsoil to assure finish grades are achieved by adding the specified
depth of topsoil mixture.
' B. Soil mixtures:
1. Remove rocks and other objects over 1 inch diameter.
2. Smooth soil mixtures to four (4) inches below top of surrounding paving,
wherever planting beds abut paved surfaces.
3. Do not compact planting soil mixture, but do wet -soak planting areas to assure
proper settlement. Replace topsoil /planting soil mixture to specified grade after
twatering, where necessary.
1 12/04 02484 -5 03 -4138
4. Smooth topsoil to two inches (2 ") below finish grade in areas to be sodded.
Remove plant material not indicated as existing or be relocated in order to
adhere to sod lines.
5. Prior to installing planting soil, test tree pits and planting areas for percolation.
If areas do not drain, it is the contractor's responsibility to assure percolation by
approved means.
6. Remove limerock or soil cement in tree planter islands within paved parking
areas. Do not damage sub -base material for paved surfaces. Assure percolation
and then backfill with approved planting soil mix.
3.04 CLEAN -UP
A. Immediately clean up spills, soil and conditioners on paved and finished surface areas.
B. Remove debris and excess materials from project site immediately.
END OF SECTION
12/04 02484 -6 03 -4138
SECTION 02487
SODDING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to complete the Sodding
work, as indicated on the drawings, as specified herein or both, except as for items
specifically indicated as "NIC ITEMS ".
B. Disturbed areas shall be re- sodded with like materials.
A. Section 02481 - Shrub and Tree Relocation
B. Section 02484 - Soil Preparation and Soil Mixes
C. Section 02490 - Trees, Shrubs, and Groundcover
1.03 QUALITY ASSURANCE
A. Standards: Federal Specifications (FS) 0- F -241c (1), Fertilizers, Mixed, Commercial.
B. Testing Agency: Independent Testing Laboratory.
C. Requirements or Regulatory Agencies: Conform to the requirements of the State
Department of Agriculture.
1.04 SUBMITTALS
A. Certificates:
1. Growers Certification:
(a) Grass species, and location of field from which sod is cut.
(b) Compliance with state and federal quarantine restrictions.
(c) Manufacturer's certification of fertilizer and herbicide composition.
B. Maintenance Instruction:
1. Prior to the end of the maintenance period, furnish three copies of written
maintenance instructions to the Owner's Representative and Landscape Architect
for maintenance and care of all sodding throughout the full growing season.
12/04 02487 -1 03 -4138
1.05 DELIVERY, STORAGE AND HANDLING
A. St. Augustine "Floratam" Grass
1. Deliver sod on pallets.
2. Protect root system from exposure to wind or sun.
3. Protect sod against dehydration, contamination, and heating during
transportation and delivery.
4. Do not deliver more sod than can be installed within 24 hours.
5. Keep stored sod moist and under shade, or covered with moistened burlap.
6. Do not pile sod more than 2 feet deep.
7. Do not tear, stretch, or drop sod.
1.06 JOB CONDITIONS
A. Begin installation of sod after preceding related work is accepted.
B. Environmental Requirements:
1. Install sod during months acceptable to the Architect.
2. Do not install sod on saturated soil.
C. Protection: Erect signs and barriers against vehicular traffic.
1.07 GUARANTEE
A. Guarantee sod for period of twelve months after date of Substantial Completion.
B. Replacement sod under this guarantee shall be guaranteed for twelve months from the
date of installation.
C. Repair damage to other plants during sod replacement at no cost to the Owner.
PART2- PRODUCTS
2.01 SOD
A. American Sod Producers Association (ASPA) Grade: Nursery Grown or Approved.
Field grown sod is not acceptable.
B. Grass Species: Stenotaphrum secundatum "Floratam ", St. Augustine "Floratam" Grass.
1. Furnish in pads that are not stretched, broken, or torn.
12/04 02487 -2 03 -4138
2. sizes:
a. St. Augustine Sod pads shall be 18x24 inches in size (plus or minus 5 %)
with a 1 -1/2 inch thickness (excluding top growth and thatch).
3. Uniformly mowed height when harvested:
a. St. Augustine Sod - 2 inches in height.
4. Thatch: Maximum 1/2 inch uncompressed.
5. Inspected and found free of diseases, nematodes, pests, and pest larvae, by
entomologist of State Department of Agriculture.
6. Weeds:
a. Free of horse grass, nut grass or other objectionable weeds or weed
seeds.
7. Uniform in color, leaf texture, and density.
2.02 WATER
A. Free of substances harmful to plant growth, objectionable odor or staining agents.
2.03 FERTILIZER
A. FS 0- F- 241c(1), Grade A or B.
B. The Chemical designation for granular fertilizer shall be 12 -8 -8, with at least 50% of the
nitrogen form a non - water - soluble organic source for all plantings except on lake banks,
and at least 80% of the nitrogen form a non - water - soluble organic source for all
plantings on the lake banks. Refer to Section 02484 for complete fertilizer requirements.
C. Apply and distribute by methods and rates as recommended by manufacturer.
2.04 HERBICIDES
A. As recommended by the State Department of Agriculture.
2.05 STAKES
A. Softwood, 3/4 inch diameter, 8 inch length.
12/04 02487 -3 03-4138
1
1
1
1
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that soil to depth of 12 inches in compacted areas has been tilled to produce a
loose, friable soil conducive to exceptional sod growth.
B. Water dry soil to depth of 6 inches 48 hours before sodding.
3.02 INSTALLATION
A. Transplant sod within 48 hours after harvesting.
B. Begin sodding at bottom of slopes.
C. Lay first row of sod in straight line with long dimension of pads parallel to slope
contours.
D. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to
patch and /or topdress to eliminate gaps.
E. Stagger end joints in adjacent rows.
F. Do not stretch or overlap rows.
G. Peg sod on slope ratio of 1 in 3 or greater with minimum of two stakes per square yard.
H. Sprinkle sod immediately after transplanting.
I. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of
roller width.
J. Water sod and soil to depth of 6 inches within four hours after rolling.
K. Top dressing for sodded areas shall be clean sand, mined from fresh water sources. Sand
mined from salt water is unacceptable.
3.03 LAWN ESTABLISHMENT
12/04
A. Watering:
1. Keep sod moist during first week after planting.
2. After first week, supplement rainfall to produce a total of 2 inches per day.
3. It is the contractors responsibility to water all plant material.
02487 -4
03 -4138
B. Mowing:
1. Maintain St. Augustine grass between 2 inches and 2 -1/2 inches in height. When
grass reaches 3 inches in height, mow to 2 inches in height.
2. Maintain Bermuda grass between 1/2 inches to 3/4 inches in height. Avoid
scalping.
3. Do not cut off more than 40% of grass leaf in single mowing.
4. Remove all grass clippings throughout.
C. Resod spots larger than 1 square foot not having uniform stand of grass.
D. Weed Eradication: Between second and third mowing, apply herbicide specifically
recommended for grass type uniformly at manufacturer's recommended rate.
E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate two days after
sodding and at three -month intervals thereafter. Water in to avoid "burning" or
damaging grass.
F. Establishment period shall extend until final acceptance by the Owner according to the
conditions of the Contract.
3.04 CLEANING
A. Immediately clean spills from paved and finished surface areas.
B. Remove debris and excess materials from project site.
C. Dispose of protective barricades and warning signs at termination of lawn
establishments.
END OF SECTION
12/04 02487 -5 03 -4138
SECTION 02487
SODDING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to complete the Sodding
work, as indicated on the drawings, as specified herein or both, except as for items
specifically indicated as "NIC ITEMS ".
B. Disturbed areas shall be re- sodded with like materials.
1.02 RELATED WORK
A. Section 02481 - Shrub and Tree Relocation
B. Section 02484 - Soil Preparation and Soil Mixes
C. Section 02490 - Trees, Shrubs, and Groundcover
1.03 QUALITY ASSURANCE
A. Standards: Federal Specifications (FS) O- F -241c (1), Fertilizers, Mixed, Commercial.
B. Testing Agency: Independent Testing Laboratory.
C. Requirements or Regulatory Agencies: Conform to the requirements of the State
Department of Agriculture.
1.04 SUBMITTALS
A. Certificates:
1. Growers Certification:
(a) Grass species, and location of field from which sod is cut.
(b) Compliance with state and federal quarantine restrictions.
(c) Manufacturer's certification of fertilizer and herbicide composition.
B. Maintenance Instruction:
1. Prior to the end of the maintenance period, furnish three copies of written
maintenance instructions to the Owner's Representative and Landscape Architect
for maintenance and care of all sodding throughout the full growing season.
12/04 02487 -1 03 -4138
1 12/04 02487 -2 03 -4138
'
STORAGE AND HANDLING
1.05 DELIVERY,
'
A.
St. Augustine "Floratam" Grass
1. Deliver sod on pallets.
'
2. Protect root system from exposure to wind or sun.
'
3. Protect sod against dehydration, contamination, and heating during
transportation and delivery.
'
4. Do not deliver more sod than can be installed within 24 hours.
5. Keep stored sod moist and under shade, or covered with moistened burlap.
'
6. Do not pile sod more than 2 feet deep.
7. Do not tear, stretch, or drop sod.
'
1.06 JOB CONDITIONS
tA.
Begin installation of sod after preceding related work is accepted.
B.
Environmental Requirements:
during Architect.
1. Install sod months acceptable to the
'
2. Do not install sod on saturated soil.
C.
Protection: Erect signs and barriers against vehicular traffic.
'
1.07 GUARANTEE
A.
Guarantee sod for period of twelve months after date of Substantial Completion.
B.
Replacement sod under this guarantee shall be guaranteed for twelve months from the
date of installation.
C.
Repair damage to other plants during sod replacement at no cost to the Owner.
'
PART 2 - PRODUCTS
'
2.01 SOD
A.
American Sod Producers Association (ASPA) Grade. Nursery Grown or Approved.
Field grown sod is not acceptable.
'
"Floratam ", "Floratam"
B.
Grass Species: Stenotaphrum secundatum St. Augustine Grass.
'
1. Furnish in pads that are not stretched, broken, or torn.
1 12/04 02487 -2 03 -4138
2. sizes:
a. St. Augustine Sod pads shall be 18x24 inches in size (plus or minus 5 %)
with a 1 -1/2 inch thickness (excluding top growth and thatch).
3. Uniformly mowed height when harvested:
a. St. Augustine Sod - 2 inches in height.
4. Thatch: Maximum 1/2 inch uncompressed.
5. Inspected and found free of diseases, nematodes, pests, and pest larvae, by
entomologist of State Department of Agriculture.
6. Weeds:
a. Free of horse grass, nut grass or other objectionable weeds or weed
seeds.
7. Uniform in color, leaf texture, and density.
2.02 WATER
A. Free of substances harmful to plant growth, objectionable odor or staining agents.
2.03 FERTILIZER
A. FS O- F- 241c(1), Grade A or B.
B. The Chemical designation for granular fertilizer shall be 12 -8 -8, with at least 50% of the
nitrogen form a non - water - soluble organic source for all plantings except on lake banks,
and at least 80% of the nitrogen form a non - water - soluble organic source for all
plantings on the lake banks. Refer to Section 02484 for complete fertilizer requirements.
C. Apply and distribute by methods and rates as recommended by manufacturer.
2.04 HERBICIDES
A. As recommended by the State Department of Agriculture.
2.05 STAKES
A. Softwood, 3/4 inch diameter, 8 inch length.
12/04 02487 -3 03 -4138
1
PART 3 - EXECUTION
3.01 INSPECTION
A. Verify that soil to depth of 12 inches in compacted areas has been tilled to produce a
loose, friable soil conducive to exceptional sod growth.
B. Water dry soil to depth of 6 inches 48 hours before sodding.
3.02 INSTALLATION
A. Transplant sod within 48 hours after harvesting.
B. Begin sodding at bottom of slopes.
C. Lay first row of sod in straight line with long dimension of pads parallel to slope
contours.
D. Butt side and end joints. Ensure that joints are tight, thereby eliminating the need to
patch and /or topdress to eliminate gaps.
E. Stagger end joints in adjacent rows.
F. Do not stretch or overlap rows.
G. Peg sod on slope ratio of 1 in 3 or greater with minimum of two stakes per square yard.
H. Sprinkle sod immediately after transplanting.
I. Roll sod, except on pegged areas, with roller weighing no more than 150 lbs. per foot of
roller width.
J. Water sod and soil to depth of 6 inches within four hours after rolling.
K. Top dressing for sodded areas shall be clean sand, mined from fresh water sources. Sand
mined from salt water is unacceptable.
3.03 LAWN ESTABLISHMENT
A. Watering:
1. Keep sod moist during first week after planting.
2. After first week, supplement rainfall to produce a total of 2 inches per day.
3. It is the contractors responsibility to water all plant material.
12/04 02487 -4 03-4138
B. Mowing:
1. Maintain St. Augustine grass between 2 inches and 2 -1/2 inches in height. When
grass reaches 3 inches in height, mow to 2 inches in height.
2. Maintain Bermuda grass between 1/2 inches to 3/4 inches in height. Avoid
scalping.
3. Do not cut off more than 40% of grass leaf in single mowing.
4. Remove all grass clippings throughout.
C. Resod spots larger than 1 square foot not having uniform stand of grass.
D. Weed Eradication: Between second and third mowing, apply herbicide specifically
recommended for grass type uniformly at manufacturer's recommended rate.
E. Fertilizer: Apply fertilizer uniformly at manufacturer's recommended rate two days after
sodding and at three -month intervals thereafter. Water in to avoid "burning" or
damaging grass.
F. Establishment period shall extend until final acceptance by the Owner according to the
conditions of the Contract.
3.04 CLEANING
A. Immediately clean spills from paved and finished surface areas.
B. Remove debris and excess materials from project site.
C. Dispose of protective barricades and warning signs at termination of lawn
establishments.
END OF SECTION
12/04 02487 -5 03 -4138
SECTION 02490
TREES, PLANTS AND GROUNDCOVER
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to complete the Trees,
Plants and Groundcover work, as indicated on the drawings, as specified herein or both,
except as for items specifically indicated as "NIC ITEMS ".
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B Section 02481 - Shrub and Tree Relocation
C. Section 02484 - Soil Preparation and Soil Mixes
D. Section 02487 - Sodding
1.03 QUALITY ASSURANCE
A. Inspection
1. Furnish plant materials inspected by State Department of Agriculture at the
growing site and tagged or otherwise approved for delivery by Landscape
Architect.
2. Inspection at growing site does not preclude right of rejection at project site.
B. Furnish plant materials certified by State Department of Agriculture to be free from
harmful insects or apparent disease. Verify that all plant material is free of harmful
insects and disease.
C. All plant material shall be Florida #1 or better as defined by the Florida Department of
Agriculture "Codes and Standards for Nursery Plants Part I and II ".
D. Plant material shall be shade or sun grown, and /or acclimatized depending on planting
location.
1.04 SUBMITTALS
A. Certificate of inspection of plant material by State Authorities.
B. Test Reports: Analysis of samples from planting soil supply areas.
C. Maintenance Instruction: Prior to the end of the maintenance period, furnish three
copies of written maintenance instructions to the Owner's Representative and Landscape
11/04 02490 -1 03 -4138
t
Architect for maintenance and care of installed plants throughout their full growing
season.
' 1.05 DELIVERY, STORAGE AND HANDLING
'
A. Inventory:
1. Verify that species of plants in holding area matches that on plant list and
drawings.
B. Preparation for Delivery:
1. Prune head and /or roots of all trees under direction of Landscape Architect, and
as required to assure safe loading, shipment and handling without damaging the
natural form and health of the plant.
2. Balled and Burlapped (B &B) Plants:
a. Dig and prepare for shipment in manner that will not damage roots,
'
branches, shape, and future development after replanting. Oak trees
shall be root pruned 30 days prior to digging and hardened off at the
supplier's nursery under mist for 30 to 60 days.
t
b. Ball with firm, natural balls of soil, per Florida Grades and Standards.
C. Wrap ball firmly with burlap or strong cloth and tie: ANSI Z60.1.
3. Specimen Plants: Exercise care in digging, wrapping, and binding of such
specimens to assure safe loading, shipment and handling.
4. Bare Root Plants:
a. Refer to Section 02481 in its entirety for trees and palms.
C. Delivery:
1. Deliver soil conditioners (pesticides, herbicides, fumigants, and fertilizers) to
site in original unopened containers bearing manufacturer's guaranteed chemical
analysis, name, trade name, trademark, and conformance to state law. Store in
designated areas only.
2. Deliver planting soil mixes and mulch in bulk with manufacturer's guaranteed
mix, name, and conformance to State law. Store in designated areas only.
3. Deliver plants with legible identification labels.
a. Label trees, evergreens, containers of like shrubs, or groundcover plants.
b. State correct plant name and size indicated on Plant List.
C. Use durable waterproof labels with water resistant ink which will remain
legible for at least 60 days.
' 4. Protect during transport/del]very with shade cloth or other acceptable means to
prevent wind burn.
1 11/04 02490 -2 03 -4138
5. Protect all plant material during delivery to prevent damage or desiccation to
root ball or desiccation of crown and leaves.
6. Mist root balls, tree and palm crowns during delivery and handling to ensure
against drying.
7. Remove unacceptable plant material immediately from job site.
D. Storage:
1. Balled and burlapped plant stock: Deliver direct from nursery.
2. Bare root plant material: Deliver direct from supplier.
3. Protect roots of all plant material from drying or other possible injury. Keep
plant root ball and crown moist at all times.
4. Store plants in shade and protect from weather. Heel in trees in a vertical
position as required. Irrigate all stored plants as required.
5. Maintain and protect plant material not to be planted within four hours. Plant
palms upon delivery.
E. Handling:
1. Do not drop plants.
2. Do not pick -up container or balled plants by stems or trunks.
3. Do not use chains or cables on any trees or palms. Handle using nylon straps, 2-
inch width min.
1.06 JOB CONDITIONS
A. Planting Season: Perform actual planting only when weather and soil conditions are
suitable in accordance with locally accepted practice.
B. Verify that all existing trees to remain are properly identified and barricaded to prevent
damage under this and future construction. Landscape Contractor shall be responsible
for maintaining adequate identification and barricading of all existing plant material to
remain throughout the installation and required maintenance period.
1.07 GUARANTEE
A. Guarantee all plant material for one year after substantial completion.
B. Replacement plants under this guarantee shall be replaced within two weeks of rejection
and guaranteed for twelve months from date of installation.
11/04 02490 -3 03-4138
■
C. Repair damage to other plants, lawn or construction work during plant replacement at no
cost to the Owner (this includes, but is not limited to, damage to curbs, walks, roads,
fences, site furnishings, etc.).
1.08 SCHEDULING
A. Install trees, shrubs, and ground cover before lawns are installed.
B. Notify Landscape Architect of anticipated installation date at last two weeks in advance.
PART 2 - PRODUCTS
2.01 PLANT MATERIAL
A. Well- formed and shaped, true to type, and free from disease, insects, and defects such as
knots, sun - scald, windburn, injuries, abrasion or disfigurement.
B. True to botanical and common name and variety: American Joint Committee on
Horticultural Nomenclature, Standardized Plant Names, latest edition.
C. Minimum grade of Florida No. 1 in accordance with "Grades and Standards for Nursery
Plants" published by the State of Florida Department of Agriculture.
All plants not listed in "Grades and Standards for Nursery Plants ", published by the
Division of Plant Industry, shall conform to a Florida No. 1 as to:
1. Health and vitality
2. Condition of foliage
3. Root system
4. Freedom from pests or mechanical damage
5. Heavily branched and densely foliated according to the accepted normal shape.
D. Nursery Grown: ANSI Z60.1 -1969
1. Grown under climatic conditions similar to those in locality of project.
2. Container Grown Stock:
a. Growing in container for minimum 30 days before delivery, with
sufficient root system for container.
b. Not root -bound or with root systems hardened off.
3. Use only ground cover plants well - established in removable containers, integral
containers, or formed homogenous soil sections.
11/04
02490 -4 03 -4138
■
E. Minimum root ball sizes for all palms shall be as delineated within "Grades and
Standards for Nursery Plants, Part II, Palms and Trees ", published by the State of Florida
Department of Agriculture.
1. All plants not listed in Grades and Standards for Nursery Plants, published by
the Division of Plant Industry, shall conform to a Florida No. 1 as to:
a. Health and vitality
b. Condition of foliage
C. Root system
d. Freedom from pests or mechanical damage
e. Heavily branched and densely foliated according to the accepted normal
shape of the species or sport.
2.02 PLANTING SOIL
A. Planting soil mixture for backfill around trees, shrubs, and groundcover shall be as
specified in Section 02484 - Soil Preparation and soil mixes.
* Terrasorb shall be added to all backfill.
2.03 SOIL CONDITIONERS
A. Soil conditioners shall be as specified in Section 02484 - Soil Preparation and soil mixes.
1. As a fertilizer supplement to Phoenix Palms, a foliar spray shall be applied one
week after installation (excluding summer months) and again at three -month
intervals. The chemical designation shall be 8 -6 -6 with at least 95% of the
nitrogen derived from a water - soluble, organic source. The potash source shall
be derived from sulphate forms. The following minor elements shall be
included:
.06% MG
.02% B
.05% CU
1.00% Fe
1.00% Mn
B. Water shall be available on -site for construction purposes by Owner at several hosebib
locations located periodically at designated locations and at quick couplers in the
irrigation system. Landscape Contractor will be responsible for transporting water to all
other planting areas.
In the event that water is not available for any reason, it shall be the responsibility of the
contractor to supply and transport water to all landscape areas.
2.04 TOP MULCH
11/04
A. Shredded hardwood mulch, shredded, loose, substantially free of mineral waste
materials, and showing an acid reaction.
B. Minimum organic matter by weight on an oven dry basis: 85 %.
02490 -5
03 -4138
C. Processed specifically for use as top mulch around plant beds.
2.05 GUYING AND STAKING MATERIAL
A. Stakes for Tree Support:
1. Construction grade lumber.
2. Braces and Vertical Stakes: Nominal 2" x 2 ".
3. Stakes: Nominal 2" x 4" x 4'long and pointed at one end.
4. Cross Braces: Nominal 1 " x 4" boards.
5. All above grade stakes shall be painted with one coat of brown paint. Paint to be
approved by the Owner's Representative.
B. Guying Wires: Annealed, galvanized iron or galvanized steel 12 gauge wire. Wire shall
be flagged with white or yellow surveyor tape minimum 2 per guy wire, (one flag near
ground level and one flag near the middle of the length of wire).
C. Hose:
1. Type: New /12 inch diameter 2 -ply reinforced rubber or plastic hose.
2. Minimum size: 3/4 in.
D. Turnbuckles:
1. Turnbuckles are recommended but not required. Landscape Contractor shall be
responsible for keeping taut all guyed plant material and for keeping flagging in
place. One turnbuckle per guy wire is required if used.
2. Method of tightening guy wires to be approved by Landscape Architect.
3. Guying to be tightened as needed, but always within two days of when found
necessary.
2.06 SLOPE STABILIZATION
A. Landscape contractor shall be responsible to stabilize grades by approved methods where
necessary at his own cost.
B. Contractor shall stabilize all sloped areas 3 to 1 or greater and areas found to be required
to reduce surface erosion by the Owner's Representative with "Hold Gro" Erosion
Control Fabric as manufactured by Gulf States Paper Company, Tuscaloosa, Alabama or
approved equal. Contractor shall install erosion control fabric according to the
manufacturer's instructions.
11/04 02490 -6 03 -4138
r
. 2.07 DRAINAGE GRAVEL
1 11/04 02490 -7 03 -4138
A.
Drainage gravel shall be River Run Gravel and shall be of graduated sizes.
B.
River Run Gravel shall be no smaller than one -half inch nor larger than two inches in any
direction.
C.
Gravel shall be installed as shown on drawings or to a minimum depth of 2 inches above
drains, and 4 inches throughout planters.
D.
Gravel shall be washed clean and contain no chemical elements harmful to ant growth.
p
'
E.
Coral rock shall not be used.
PART 3 - EXECUTION
'
3.01 INSPECTION
'
A.
Verify final grades have been established prior to beginning planting operation.
B.
Inspect trees, shrubs, and ground cover plants for injury, insect infestation, and trees and
'
shrubs for improper pruning.
C.
Do not begin planting of trees until deficiencies are corrected, or plants replaced.
'
3.02 LOCATION
/STAKING
'
A.
Stake out locations for plants and outline of planting beds on ground.
B.
Do not begin excavation until stake out of plant locations and plant beds are acceptable
'
to the Landscape Architect.
C.
All trees are to be located and staked for inspection by the Landscape Architect.
'
3.03 PREPARATION
'
A.
Pits and Trenches:
1. Shape.
a. Vertical sides and flat bottom.
tb.
Plant pits to be square or circular.
2. Size:
'
a. For Trees:
(1) Depth: Minimum 2 ft. from finish grade and increased as
necessary to accommodate planting ball and at least 6 inch
'
planting soil backflll below ball or roots.
(2) Width or Diameter: 2 ft. greater than diameter of plating ball
(unless otherwise approved by Landscape Architect for special
'
planting areas.
1 11/04 02490 -7 03 -4138
b. For Shrubs and Groundcovers:
(1) Depth:
(a) 2- and 3- gallon plant material shall receive a minimum
of 2" of planting soil mixture beneath the root ball.
(b) Plant materials sized 1 gallon or less, or materials
planted 24 inches O.C. or less shall receive a full 12
inches of amended planting soil mix tilled to a minimum
depth of 12 inches.
NOTE: All annuals beds shall receive a full 6 inches of
amended planting soil mix tilled to a minimum depth of
6 inches.
' (c) For plants not requiring soil mix the entire bed shall be
tilled by mechanical means to a depth of 12 inches.
(2) Width or Diameter:
(a) All 2- or 3- gallon material shall be placed within a
minimum 13 -1/2 inch planting hole, and backfilled with
the specified planting soil mix.
(b) All plant material sized 1 gallon or less, or material
planted 24 inches O.C. or less shall receive complete
' bed amending. That is excavation of existing soil to a
minimum of 12 inches
' 11/04 02490 -8
03 -4138
(Note: 6 inches for all annual beds) below finished soil
'
elevation, backfilling with a minimum 3 inches of
planting soil mix, and then tilling with all required
'
amendments to a depth of not less than 12 inches.
(Note: 6 inches for all annual beds. All areas to be
amended in such a manner shall be highlighted on
'
contractor's record drawings.
Bring all beds and pits to smooth, even
'
surface conforming to established grades after full
settlement has occurred.
'
NOTE: Amending of and quantities of planting soil mixes
as outlined above contingent with existing soil
conditions.
'
B. Planting Beds:
1. Planting beds to a depth of 12 inch topsoil mixture.
'
2. Bring beds to smooth, even surface conforming to established g rades after full
settlement has occurred.
'
3. Use specified planting soil to form watering berms around the plants.
' 11/04 02490 -8
03 -4138
rC. Test fill all tree pits with water before planting to assure proper drainage percolation is
available. Pits which are not adequately draining shall be excavated to a depth sufficient
for drainage and backfilling with gravel or crushed rock. No allowances will be made
for lost plants due to improper drainage. Landscape Contractor shall replace with same
species size and specification at no cost to Owner.
3.04 PLANTING
A. General
1. Center plant in pit or trench.
2. Face for best effect, or as directed by Landscape Architect.
B. Balled Plants (B &B) and (WB &B):
1. Place in pit on planting soil backfill material that has been hand - tamped prior to
' placing plant.
2. Place with burlap intact so location of ground line at top of ball is same as at
' nursery where grown.
3. Remove binding at top 1/2 of planting ball and lay top of burlap back 6 inches.
' For wire balled trees, remove wire on top of ball.
4. Do not pull wrapping from under planting ball.
' 11/04 02490 -9 03 -4138
3.
Set plant plumb and hold rigidly in position until soil has been tamped firmly
around planting ball.
4.
Use only planting soil backfill as specified hereinbefore.
5.
Place
sufficient planting soil under plant to bring top of planting ball to finish
grade.
6.
Backfill
pit or trench with planting soil in 9 in. layers and water each layer
thoroughly to settle soil and work soil completely around roots and planting ball.
7.
After soil settles fill pit with planting soil, water, and leave pit surface even with
finish grade.
8.
Topsoil Berm:
a. Construct a topsoil berm 6 in. above finish grade forming a watering
basin with a level bottom around each palm or tree.
b. Size: 2 ft. greater than diameter of planting ball.
C. Leave saucer for 3 months or as directed by Owner's Representative. At
the end of 3 months regrade area and re -mulch 12 inches out from trunk
(or planting bed) for all plantings. Remove excess from basin and clean
area.
B. Balled Plants (B &B) and (WB &B):
1. Place in pit on planting soil backfill material that has been hand - tamped prior to
' placing plant.
2. Place with burlap intact so location of ground line at top of ball is same as at
' nursery where grown.
3. Remove binding at top 1/2 of planting ball and lay top of burlap back 6 inches.
' For wire balled trees, remove wire on top of ball.
4. Do not pull wrapping from under planting ball.
' 11/04 02490 -9 03 -4138
r5.
Do not plant if planting ball is cracked, broken or showing evidence of voids
before or during planting process. Replace with plant of same species, size, and
specification at no cost to Owner.
C.
Container -Grown Plants:
1. Can/Container Removal:
a. Cut cans on two sides with an acceptable can cutter.
b. Do not injure planting ball.
C. Do not cut cans with spade or ax.
d. Do not cut sides on knockout cans.
e. Carefully remove plants without injury or damage to planting ball.
f. After removing plant. Superficially cut edge roots with knife on three
sides.
2. Dig planting holes to size as shown.
3. Hand place plants which are in containers less than one gallon in size.
4. Hand backfill and hand tamp leaving slight depression around bases of plants.
'
5. Do not cover top of root ball.
6. Water for settlement and replace required planting soil.
3.05 FERTILIZER APPLICATIONS
A.
Apply granular fertilizer at time of planting and repeat 3 months from first application.
Schedule fertilization with Landscape Architect.
B.
Apply granular fertilizer at following rates, to planting bed and saucer areas around each
tree, palm and shrub:
1. Trees:
a. Caliper 4 inches and larger:
5 lbs. per in. of Caliper
b. Caliper under 4 inches:
3 lbs. per in. of Caliper
C. Shrubs: 2 lbs. per 100 sq. ft. of area.
'
d. Ground Cover Plants: 2 lbs. per 100 sq. ft. of area.
e. Palms: 1 lb. per in. of palm trunk Caliper.
C.
Broadcast under foliage canopy and incorporate into soil.
'
D.
Water immediately until root structure of plant is wet. Assure protection from fertilizer
burn.
E.
Apply foliar nutrient spray at time of planting (summer excluded) and repeat three
months from first application. Schedule fertilization with Landscape Architect. Drench
11/04
02490 -10 03-4138
palm leaves with foliar nutrient spray at the manufacturer's recommended rate to all
Phoenix Palm species.
3.06 WEED CONTROL
A. Apply post- emergent herbicide, "Round -up" as manufactured by Monsanto Corp. or
approved equal, per manufacturer's rate and method of application to all landscape bed
areas as necessary.
B. Apply pre- emergent herbicide "Ron- Star" before mulching and again as necessary
throughout required maintenance period to prevent weed seed germination.
' C. The Landscape Contractor shall verify that the herbicide and application technique will
not damage plant material prior to application, and shall replace, and /or repair damage to
' any plant injured by herbicide application at no cost to the Owner.
3.07 TOP MULCHING
3.08 GUYING AND STAKING OF TREES
A. Stake trees as shown on the drawings except where they are planted in special locations
where guying is not feasible.
1. Stake Installation:
a. Drive stakes perpendicularly, 3 feet into ground at edge of root ball. Do
not drive stake through soil separator or drainage gravel if present. Do
not drive stakes through root ball.
b. Number of stakes as shown.
2. Tying and Cross - bracing:
a. For trees over 4 -inch caliper:
(1) Stake and tie firmly with guy wire.
(2) Separate guy wire from bark by hose section.
b. For trees under 4 inches in caliper:
(1) Nail cross -brace between stakes.
(2) Tie tree to cross -brace guy wire.
(3) Separate guy wire from bark by hose section.
1 11/04 02490 -11 03 -4138
A.
Top mulch planting pits, trenches, and areas within two days after planting.
B.
Cover watering basin or bed evenly with 3 inch compacted depth of top mulch material.
C.
Water thoroughly, immediately after mulching.
D.
"Cut in" mulch at plant bed /sod line.
E.
Hose down planting area with fine spray to wash leaves of plants at least twice a week,
or as required.
F.
Exclude mulch from annual and Bromeliad beds.
3.08 GUYING AND STAKING OF TREES
A. Stake trees as shown on the drawings except where they are planted in special locations
where guying is not feasible.
1. Stake Installation:
a. Drive stakes perpendicularly, 3 feet into ground at edge of root ball. Do
not drive stake through soil separator or drainage gravel if present. Do
not drive stakes through root ball.
b. Number of stakes as shown.
2. Tying and Cross - bracing:
a. For trees over 4 -inch caliper:
(1) Stake and tie firmly with guy wire.
(2) Separate guy wire from bark by hose section.
b. For trees under 4 inches in caliper:
(1) Nail cross -brace between stakes.
(2) Tie tree to cross -brace guy wire.
(3) Separate guy wire from bark by hose section.
1 11/04 02490 -11 03 -4138
t
B. Stake palm trees as shown. Contractor shall have the option to deepen the burial of
' Sabal Palmetto and Washingtonia Robusta for stabilization in lieu of staking. (Note:
The clear trunk height shall be required as specified on plans after installation. The
Contractor shall still be responsible for and guarantee the installation against toppling
Iand be responsible for any and all damage incurred to toppling over.)
3.09 PRUNING
tA. Prune minimum necessary to remove injured twigs and branches, deadwood, and
suckers. Pruning shall be done with regard to natural form of plant material or as
' directed by the landscape Architect.
1. Do not prune prior to delivery to site.
Note: Pruning is required for collected palms and trees per "Grades and Standards for
Nursery Plants Part II, Palms and Trees" and Section 02481.
' B. All cuts one inch diameter or larger made during pruning of any plant material shall be
painted with commercial grade sealant as approved and directed by Landscape Architect.
' C. Pruning cuts shall be monitored to ensure proper healing and to prevent insect /disease
infestation.
D. Landscape Contractor shall perform all specialized shearing and or pruning as directed
by the Landscape Architect and as shown on the drawings at no additional cost to the
Owner.
3.10 MAINTENANCE
' A. General:
1. Begin maintenance immediately after each item is planted and continue until
' final inspection and acceptance.
2. Maintain a health growing condition by pruning, watering, cultivating, weeding,
' mowing, mulching, tightening, and repairing of guys, resetting plants to proper
grades or upright position, restoration of plant saucer, and furnishing and
applying such sprays as necessary to keep planting free of insects and diseases.
' 3. The root system of plants shall be watered at such intervals as will keep the
surrounding soil in best condition for promotion of root growth and plant life.
' 4. Keep planting saucers and beds free of weeds, grass and other undesired
vegetation growth.
I 5. Protect planting areas and plants against trespassing and damage of any kind for
the duration of the maintenance period.
1 11/04 02490 -12 03 -4138
' 6. Insect plants at least once a week and perform maintenance promptly. Replace
impaired or dead plants promptly. Do not wait until near the end of the guarantee
period to make replacements of plants which have become unacceptable.
7. Remove soil ridges from around watering basins prior to end of maintenance
' period, as directed by the Landscape Architect.
B. Watering: Water when soil moisture is below optimum level for best plant growth.
t3.11 CLEANING
' A. Fill all pits /depressions in holding area and rough grade to meet surrounding elevations.
Remove any organic or other debris resulting from the plant relocation process.
B. Sweep and wash all paved surfaces.
C. Remove planting debris from project site and holding area.
D. Remove soil conditioners, soil mixes, gravel, etc. from project site and holding area.
SUBSTANTIAL COMPLETION, INSPECTION AND ACCEPTANCE
Inspection of the entire project or designated portions thereof shall be made upon written request of the
Contractor. At that time, if all work is satisfactory and complete according to the conditions of the
Contract, the Architect shall declare the work substantially complete.
Contractor's written request for review of the work or any designate portion thereof shall be received by
Architect at least five (5) days before anticipated date of inspection.
Plants that have died or in unhealthy or badly impaired condition on inspection shall be treated or
replaced within 14 days at no additional cost to Owner.
Replace rejected plants within two weeks of inspection.
Substantial completion of the work for the entire project or designated portions thereof shall constitute
the beginning of guarantee period.
Contractor's responsibility for maintenance (exclusive of replacement within guarantee period) shall
terminate on date of final acceptance of the entire project according to the conditions of the Contract,
provided Contractor has supplied Landscape Architect with three (3) copies of written maintenance
instructions as required under Paragraph 1.05C of this Section.
END OF SECTION
1 11/04 02490 -13 03 -4138
i
SECTION 03300
CAST -IN -PLACE CONCRETE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish labor, materials, equipment and incidentals required to place cement and concrete
masonry, reinforcing steel, forms, waterstops and miscellaneous related items including
sleeve, reglets, anchor bolts, inserts and embedded items specified under other Section.
1.02 RELATED WORK
A. Concrete reinforcement is specified in Section 03200.
1.03 REFERENCE
A. ASTM C -150 Portland Cement
B. FS SS- C- 1960/3 Portland Cement
C. ASTM C -94 Ready -Mix Concrete
D. ACI 318 -89 Reinforced Concrete
E. ASTM C -143 Concrete Mix
F. ASTM C -231 Concrete Testing
G. ASTM C -33 Concrete Aggregates
H. ASTM C -87 Mortar Strength
1. ASTM C -40 Concrete Aggregates
J. ASTM C -494 Concrete Ad Mixtures
K. ACI 304 Truck Mixers
L. ASTM C -31 Field Testing
M. ASTM C -39 Concrete Testing
N. ASTM C -42 Concrete Testing
12/04 03300 -1 03 -4138
1
1.04 DESCRIPTION
A. Concrete shall be of Portland cement, ASTM C -94, fine aggregate, coarse aggregate, water
and admixtures as specified and shall be ready- mixed, or transit -mixed concrete. All
constituents, including admixture, shall be batched at the central batch plant.
B. Reinforced concrete shall conform to ACI Specification 318 -89 or latest revision.
C. Field testing and inspection services required will be provided by the Contractor. Cost of
such work, except as specifically stated otherwise, will be paid for by the Contractor.
Methods of test will comply in detail with the latest applicable ASTM Methods of Testing.
D. Samples of constituents and of concrete as placed will be subjected to laboratory tests.
Materials incorporated in the work shall conform to approved samples.
E. Under special circumstances, the Engineer may allow minor deviations from the material
requirements specified, provided the resulting concrete quality is not adversely affected or
provided a suitable adjustment in cement content is made to compensate for such
deviations without cost to the Owner.
1.05 SUBMITTALS
A. Submit, as provided in the General Conditions and Section 01340, shop drawings showing
placement of forms, form joints, major inserts and blockouts.
1.06 QUALITY ASSURANCE
A. The actual acceptance of aggregates and development of mix proportions to produce
concrete conforming to the specific requirements shall be determined by means of prior
laboratory tests made by the Concrete Supplier or the Contractor at his expense with the
constituents to be used on the work.
B. The Concrete Supplier shall submit through the Contractor to the Engineer for approval the
concrete mix he intends to use, designed within the limits of these specifications, listing the
brand of cement, source and results of tests of aggregates and admixtures not later than 14
days prior to the beginning of placing concrete.
C. The limiting strengths, water - cement ratios and cement factors as shown on (Table A) shall
apply. Maximum water - cement ( # / #) for structures shall be 0.53 by weight.
Minimum
Maximum Net
Minimum
Comp. Str.
Water Content
Cement Factor
psi at 28 days
gals /100 lbs*
100 lbs /cu yd **
2500
7.4
4.3
3000
7.0
4.8
3500
6.4
5.64
4000
5.85
5.64
*Maximum; decrease if possible. This represents total water in mix at time of mixing,
including free water on aggregates, and water in admixture solution.
12/04 03300 -2 034138
**Minimum; increase as necessary to meet other requirements. These cement factors apply
to "controlled" concrete subject to specific inspection.
D. When high - early - strength Portland cement is permitted, the same strength requirements
shall apply except that the indicated strengths shall be attained at seven (7) days instead of
twenty -eight (28) days.
E. If during the progress of the work it is impossible to secure concrete of the required
workability and strength with the materials being furnished, the Engineer may order such
changes in proportions or materials, or both, as may be necessary to secure the desired
properties. All changes so ordered shall be made at the Contractor's expense.
F. If during the progress of the work the Contractor desires to use materials other than those
originally approved, or if the materials from the sources originally approved change in
characteristics, the Contractor shall, at his own expense, have made new acceptance tests of
aggregates and establishment of new basic mixtures and submit them to the Engineer for
approval.
G. Consistency of the concrete as measured by the ASTM Designation C143 shall be as
shown in (Table B).
Portion of Structure
Slump (inches)
Max.* Min.
Pavement and slabs on ground 3 2
Plain footings, gravity walls,
slabs and beams 3 2
Heavy reinforced foundation
walls and footings 4 2
Thin reinforced walls and columns 4 2
* May be increased 1 -inch if proper method of consolidation is used.
H. Concrete shall be of such consistency and mix composition that it can be readily worked
into the corners and angles of the forms and around the reinforcement, inserts, and wall
castings without permitting materials to segregate or free water to collect on the surface,
due consideration being given to the methods of placing and compacting.
' I. No excessively wet concrete will be permitted, and if at any time concrete of such
consistency beyond the limits of Table B is delivered to the job, the Engineer may direct
the Contractor to reject same or to add extra cement for which no additional payment will
be made. A supply of the approved cement shall be kept available at the site for this
purpose. Drivers of transit -mix trucks shall add no additional water except that established
for the design. Failure to comply with this requirement shall be justification for rejecting
the concrete.
1
1 12/04 03300 -3 03 -4138
r
The entrained air, as measured by the Pressure Method, ASTM C231, shall be as shown in
(Table Q.
Nominal Maximum Size
of Coarse Aggregate(in)
2"
1"
3/4"
1.07 ACCEPTANCE TESTS
Total Air Measured at
Discharge from trick ( %)
2.5-5.5
6.5
4.0-8.0
A. Conformity of aggregates to these Specification, and the actual proportions of cement,
aggregates, and water necessary to produce concrete conforming to the requirements set
forth in Table A, shall be determined by tests made with representative samples of the
materials to be used on the work. Tests will be made by an accredited testing laboratory,
and approved by the Engineer.
B. Cement may be subject to testing to determine that it conforms to the requirements of this
Specification. Methods of testing shall conform to the appropriate specification, but the
place, time, frequency and method of sampling will be determined by the Engineer in
accordance with the particular need.
C. Water content of the concrete shall be based on a curve showing the relation between water
content and 7 and 28 -day compressive strengths of concrete made using the proposed
materials. The curves shall be determined by four or more points, each representing an
average value of at least three test specimens at each age, and shall have a range of values
sufficient to yield the desired data, including all the compressive strengths called for on the
Drawings, without extrapolation. The water content of the concrete to be used, as
determined from the curve, shall correspond to the test strengths of the laboratory trial
mixtures as shown on (Table D) below.
Design
Min. Lab.
Strength
Strength
7 Days*
28 Days **
3000
2500
3500
3500
3000
4100
4000
3500
4600
* May be employed by preliminary design.
** To be used for final designs.
E. In no case, however, shall the resulting mix conflict with the limiting values for maximum
water - cement ratios and minimum cement contents as specified in Table A.
1 12/04 03300 -4 03 -4138
PART 2- PRODUCTS
2.01 MATERIALS
A. Materials shall conform to these Specifications and any state or local specification
requirements.
B. Cement for all cast in place concrete shall be a domestic portland cement (ASTM C -150,
Type II) or high early strength portland cement (Type III) free from injurious water soluble
salts or alkalies. High early strength cement may only be used, with written approval of the
Engineer. Air entraining cements may be used with written approval of the Engineer.
Cement brands shall be subject to approval.
C. Aggregates:
1. Fine aggregate shall consist of washing inert sand conforming to the requirements
of ASTM Specification C -33, and the following detailed requirements:
Sieve %% Pa-,sing
No. 4 95 -100%
16 60 -75
50 13 -30
100 3 -8
Fineness Modulus 2.4 -2.6
Organics Organic Plate 2, per ASTM
C -40
Silt 2.0% maximum
Mortar Strength 95% minimum as per ASTM
C87, Section 10
Soundness 8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
2. Coarse aggregate shall consist of well - graded crushed rock or washing gravel
conforming to the requirements of ASTM Specification C -33 and the following
detailed requirements:
Organics Organic Plate 1, per ASTM
C -40
Silt 1.0% maximum
Soundness 8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
3. The following designated sizes* of aggregate shall be the maximum employed in
concrete:
2 inch for plain concrete
I inch for reinforced sections 10 inch and over in thickness
3/4 inch for reinforced sections less than 10 inch in thickness
4. *Note: The 'Designated Size" and the corresponding gradations shown represent
the end or combined gradation of the coarse aggregate to be used in the final
concrete.
1 12/04 03300 -5 034138
' D. Water:
1. Water shall be clean and free from injurious amounts of oils, acid, alkali, organic
matter or other deleterious substances.
2. When subjected to the mortar strength test described in ASTM C87, the 28 day
strength of mortar specimens made with the water under examination and normal
' portland cement shall be at least 100 per cent of the strength of similar specimens
made with distilled water.
3. Potable tap water will normally fulfill the above requirements.
4. Raw water (groundwater) and canal water shall not be allowed in the mix.
E. Admixtures:
1. A water reducing agent shall be used in all concrete. The admixture shall conform
' to ASTM Specification C494. Proportioning and mixing shall be as recommended
by the manufacturer.
2. Admixtures causing accelerated setting of cement in concrete shall not be used.
Air entraining admixtures with demonstrated compatibility with the concrete mix
shall be used as required as a moderate addition to the water reducing agent to
obtain the specified percent air in the resultant concrete.
PART 3 - EXECUTION
3.01 MEASURING MATERIALS
A. Materials shall be measured by weighing except as otherwise specified or where other
methods are specifically authorized by the Engineer. The apparatus provided for weighing
the aggregates and cement shall be suitably designed and constructed for this purpose.
' Scales shall have been certified by the local Sealer of Weights and Measures within one
year of use. Each size of aggregate and the cement shall be weighed separately. The
accuracy of all weighing devices shall be such that successive quantities can be measured
to within one percent of the desire amount. Cement in standard packages (sacks) need not
be weighed, but bulk cement and fractional packages shall be weighed.
B. Water shall be measured by volume or by weight. The water- measuring device shall be
capable of control to 1/2% accuracy. All measuring devices shall be subject to approval.
Admixtures shall be dispensed either manually with use of calibrated containers or
measuring tanks, or by means of an approved automatic dispenser designed by the
' manufacturer of the specified admixture.
3.02 MIXING
' A. Concrete shall be ready -mixed or transit - mixed, as produced by equipment acceptable to
the Engineer. No hand - mixing will be permitted. Adding water in controlled amounts
during the mixing cycle shall be done only with the express approval of, and under the
direction of, the Engineer.
B. Ready -mix or transit -mixed concrete shall be transported to the site in watertight agitator or
mixer trucks loaded not in excess of rated capacities for the respective conditions as stated
on the name plate. Discharge at the site shall be within 1 -1/2 hours and within one hour
when ambient temperature is above 85 degree F after cement was first introduced into the
' mix. Central mixed concrete shall be plant -mixed a minimum of 1 -1/2 minutes per batch
and then shall be truck -mixed or agitated a minimum of 8 minutes. Agitation shall begin
immediately after the pre -mixed concrete is placed in the truck and shall continue without
' interruption until discharge. Transit -mixed concrete shall be mixed at mixing speed for at
least 10 minutes immediately after charging the truck, followed by agitation without
interruption until discharged.
1 12/04 03300 -6 03 -4138
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C. All central plant and rolling stock equipment and methods shall conform to the latest Truck
Mixer and Agitator Standards of the Truck Mixer Manufacturers' Bureau of the National
Ready -Mixed Concrete Association, as well as ACI Standard 304 and ASTM Specification
C94.
D. The re- tempering of concrete or mortar which has partially hardened, that is, mixing with or
without additional cement, aggregate, or water, will not be permitted.
E. Attention is called to the importance of dispatching trucks from the batching plant so that
they shall arrive at the site of the work just before the concrete is required, thus avoiding
excessive mixing of concrete while waiting or delays in placing successive layers of
concrete in the forms.
3.03 FIELD TESTS
A. Sets of four field control cylinder specimens will be taken at random by the Engineer
during the progress of the work, in conformity with ASTM Designation C31; the total
number of specimens taken on the project may average one set per 150 cubic yards, and in
general not less than one set of specimens will be taken on any one day when concrete is
being placed. When average ultimate 28 -day strength of control cylinders in any set falls
below the required ultimate strength or below proportional minimum 7 day strengths where
proper relation between 7 and 28 day strengths have been established by tests, proportions,
water content, or temperature conditions shall be changed to secure the required strength.
B. The Contractor shall cooperate in the making of such tests to the extent of allowing free
access to the work for the selection of samples, providing heated (when required) moist
storage facilities for specimens, affording protection to the specimens against injury or loss
through his operations, and furnishing material and labor required for the purpose of taking
concrete cylinder samples, curing boxes and shipping boxes. All shipping of specimens will
be paid for by the Owner.
C. Slump tests will be made in the field by the testing laboratory.
3.04 INSPECTION AND CONTROL
A. The preparation of forms, placing of reinforcing steel, conduits, pipes, and sleeves,
batching, mixing, transportation, placing and curing of concrete shall be at all times under
the inspection of the Engineer.
B. The Contractor shall engage the services of an approved testing laboratory to establish the
basic mixtures of concrete as required by the specifications.
C. The Owner will engage the services of a testing laboratory to test field control cylinder
specimens and to conduct other tests as specified herein or as deemed required by the
Engineer to insure the quality.
D. Air entrainment shall be measured by the testing laboratory or his representative at time of
concrete deposit in accordance with ASTM Designation C231.
3.05 CONCRETE APPEARANCE
1 12/04
A. Concrete for every part of the work shall be homogeneous structure which, when hardened,
will have the required strength, durability and appearance.
B. Formwork, mixtures and concrete placement workmanship shall be such that concrete
surfaces, when exposed, will require only minimal finishing with no excess honeycombing,
voids or irregular color lines.
03300 -7 03 -4138
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3.06 FORMS
A. Forms shall be used for all concrete masonry, including footings. Forms shall be so
constructed and placed that the resulting concrete will be of the shape, lines, dimensions,
appearance, and to the elevations indicated on the Drawings.
B. Forms shall be made of wood, metal, or other approved material. Wood forms shall be
constructed of sound lumber or plywood of suitable dimensions, free from knotholes and
loose knots; where used for exposed surfaces, boards shall be dressed and matched.
Plywood shall be sanded smooth and fitted with tight joints between panels. Metal forms
shall be of an approved type for the class of work involved and of the thickness and design
required for rigid construction.
C. Edges of all form panels in contact with concrete shall be flush within 1/32 -inch and forms
for plane surfaces shall be such that the concrete will be plane within 1/16 -inch in 4 feet.
Forms shall be tight to prevent the passage of mortar and water and grout.
D. Forms for walls shall have removable panels at the bottom for cleaning, inspection, and
scrubbing -in of bonding paste. Forms for walls of considerable height shall be arranged
with tremies and hoppers for placing concrete in a manner that will prevent segregation and
accumulation of hardened concrete on the forms or reinforcements above the fresh
concrete.
E. Molding or bevels shall be placed to produce a 3/4 -inch chamfer on all exposed projecting
corners, unless otherwise shown on the Drawings. Similar chamfer strips shall be provided
at horizontal and vertical extremities of all wall placements to produce "clean" separation
between successive placements as called for on the Plans.
F. Forms shall be sufficiently rigid to withstand vibration, to prevent displacement or sagging
between supports, and constructed so the concrete will not be damaged by their removal.
The Contractor shall be entirely responsible for their adequacy.
G. Forms, including new pre -oiled forms, shall be oiled before reinforcement is placed with an
approved non - staining oil or liquid form coating having a non - paraffin base.
H. Before form material is re -used, all surfaces in contact with concrete shall be thoroughly
cleaned, all damaged places repaired, all projecting nails withdrawn, all protrusions
smoothed and in the case of wood forms pre- oiled.
I. Form ties encased in concrete shall be designed so that after removal of the projecting part,
no metal shall be within 1 -inch of the face of the concrete. That part of the tie to be
removed shall be at least 1/2 -inch diameter or be provided with a wood or metal cone at
lease 1/2 -inch in diameter and 1 -inch long. Form ties in concrete exposed to view shall be
the cone - washer type equal to the Richmond "Tyscru ". Throughbolts or common wire
shall not be used for form ties.
3.07 PLACING AND COMPACTING
A. Unless otherwise permitted, the work begun on any day shall be completed in daylight of
the same day.
B. Concrete is not to be placed until reinforcing steel, pipes, conduits, sleeves, hangers,
anchors and other work required to be built into concrete have been inspected and approved
by the Engineer. Remove water and foreign matter from forms and excavation. All soil
bottom for slabs and footings shall be approved by the Engineer before placing concrete.
12/04 03300 -8 03 -4138
C. Transport concrete from mixer to place of final deposit as rapidly as practicable by methods
t which prevent separation of ingredients and displacement of reinforcement, and which
avoid re- handling. Partially hardened concrete is not to be used.
D. "Cold joints" are to be avoided, but if they occur, are to be treated as bonded construction
joints.
E. At construction joints the surfaces of the concrete already placed, including vertical and
' inclined surfaces, shall be thoroughly cleaned of foreign materials and laitance, and weak
concrete and roughened with suitable tools to expose a fresh face. At least two hours
before and again shortly before the new concrete is deposited, the joints shall be saturated
' with water. After glistening water disappears, the joints shall be given a thorough coating
of neat cement slurry mixed to the consistency of very heavy paste. The surfaces shall
receive a coating at least 1/8 -inch thick, well scrubbed -in by means of stiff bristle brushes
' whenever possible. New concrete shall be deposited before the neat cement dries.
F. Deposit concrete to maintain, until the completion of the unit, a horizontal plastic surface.
Vertical lifts shall not exceed 24- inches and preferably 18- inches.
G. Chutes for conveying concrete shall be of U- shaped designed and sized to insure a
continuous flow of concrete. Flat (coal) chutes shall not be employed. Chutes shall be
' metal or metal -lined and each section shall have approximately the same slope. The slope
shall not be less than 25 nor more than 45 degrees from the horizontal and shall be such as
to prevent the segregation of the ingredients. The discharge end of the chute shall be
' provided with a baffle plate or spout to prevent segregation. If the discharge end of the
chute is more than 5 feet above the surface of the concrete in the forms, a spout shall be
used, and the lower end maintained as near the surface of deposit as practicable. When the
operation is intermittent, the chute shall discharge into a hopper. Chutes shall be
thoroughly cleaned before and after each run, and the debris and any water shall be
discharged outside the forms. Concrete shall not be allowed to flow horizontally over
distances exceeding 5 feet.
H. In thin sections of considerable height, concrete shall be placed using suitable hoppers,
spouts with restricted outlets, or otherwise, as required or approved.
I. Concrete during and immediately after depositing shall be thoroughly compacted by means
of suitable tools. Internal type mechanical vibrators shall be employed to produce required
quality of finish. Vibration shall be done by experienced operators under close supervision
and shall be carried on long enough to produce homogeneity and optimum consolidation
without permitting segregation of the solid constituents of "pumping" or migration of air.
All vibrators shall be supplemented by proper wooden spade puddling adjacent to forms to
removed included bubbles and honeycomb. This is essential for the top lifts of walls. All
vibrators shall travel at least 10,000 rpm and be of adequate capacity. At least one vibrator
shall be used for every 10 cubic yards of concrete placed per hours. In addition, one spare
vibrator in operating condition shall be on the site.
J. Concrete slabs on the ground shall be well- tamped into place and foundation material shall
be well- tamped, and rolled until thoroughly compacted prior to placing concrete.
' K. Concrete shall be deposited continuously in layers of such thickness that no concrete will
be deposited on concrete which has hardened sufficiently to cause the formation of seams
' and planes of weakness within the section. If a section cannot be placed continuously,
construction joints may be located at points as provided for in the Drawings or approved by
the Engineer.
12/04 03300 -9 03 -4138
3.08 CURING AND PROTECTION
1
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1 12/04 03300 -10 03 -4138
A.
Protect all concrete work against injury from the elements and defacements of any nature
'
during construction operations. Special curing procedures shall be implemented as
described herein to minimize the cracking of concrete in water retaining structures.
B.
Concrete placed at air temperature below 40 degrees F shall have a minimum temperature
of 60 degrees F. When the air temperature is below 40 degrees F and falling, the water and
aggregates shall be heated before mixing. Accelerating chemicals shall not be used prevent
freezing. All concrete shall be so protected that the temperature at the surface will not fall
below 50 degrees F for at least 7 days after placing. The Contractor shall submit for
approval by the Engineer the methods he proposes to use against low temperatures. No
salt, manure, or other chemicals shall be used for protection.
C.
All concrete, particularly exposed surfaces, shall be treated immediately after concreting or
cement finishing is completed to provide continuous moist curing above 50 degrees F for at
least 7 days, regardless of the ambient air temperature. Walls and vertical surfaces may be
covered with continuously saturated burlap, or other approved means; horizontal surfaces,
slabs, etc., shall be ponded to a depth of 1/2 inch or kept continuously wet by use of wet
burlap.
1. Slabs of water retaining structures shall be wet cured continuously with wet burlap
or other approved means for a minimum of 14 days if Type II cement is used for 3
days if Type III cement is used.
'
2. Walls of water retaining structures shall have all their exposed surfaces covered
from direct sunlight and forms left in place for a minimum of 3 days. Curing shall
commence within four hours after concrete placement.
D.
In cold weather supplementary continuous warm curing (above 50 degrees F) shall provide
a total of 350 -day degrees (i.e., 5 days 70 degrees F, etc.) of heat.
E.
In hot weather, concrete when deposited shall have a placing temperature which will not
cause difficulty from loss of slump, flash set or formation of cold joints. In no case shall
the temperature of concrete being placed exceed 90 degrees F.
F.
Finished surface and slabs shall be protected from the direct rays of the sun to prevent
checking and crazing.
1
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1 12/04 03300 -10 03 -4138
3.09 REMOVAL OF FORMS
*Day - degree: Total number of days times average daily air temperature at surface of
concrete. For example, 5 days at a daily weighted average temperature of 60 degrees F
equal 300 day - degrees. Temperatures below 50 degrees F not to be included.
B. Shores shall not be removed until the concrete has attained at least 60% of the specified
strength and also sufficient strength to support safely its own weight and the construction
live loads upon it, but concrete shall be minimum age of 14 days before such removal.
3.10 FAILURE TO MEET REQUIREMENTS
A. Should the strengths shown by the test specimens made and tested in accordance with the
above provision fall below the values given in Table A, the Engineer shall have the right to
require changes in proportions as outlined above to apply to the remainder of the work.
' Furthermore, the Engineer shall have the right to require additional curing on those portions
of the structure represented by the test specimens which failed, the cost of such additional
curing to be at the Contractor's expense. In the event that such additional curing does not
give the strength required, as evidenced by core and/or load tests, the Engineer shall have
the right to require strengthening or replacement of those portions of the structure which
fail to develop the required strength. The cost of all such core borings and /or load tests and
any strengthening or concrete replacement required because strengths of test specimens are
' below that specified, shall be entirely at the expense of the Contractor. In such cases of
failure to meet strength requirements the Contractor and Engineer shall confer to determine
the adjustment, if any, can be made in conformity with Sections 16 and 17 of ASTM
Specification C94 for Ready -Mixed Concrete.
B. When the tests on control specimens of concrete fall below the required strength, the
Engineer will permit check tests for structure in accordance with ASTM Methods C42 and
C39. In case of failure of the latter, the Engineer, in addition to other recourses, may
require, at the Contractor's expense, load tests on any one of the slabs, beams, and columns
in which such concrete was used. Test need not be made until concrete has aged 60 days.
C. Slabs or beams, under load test, shall be loaded with their own weights plus a
super- imposed load of 2 times design live load. The load shall be applied uniformly over
portion being tested in approved manner, and left in position for 24 hours. The structure
shall be considered satisfactory if deflection "D" in feet, at end of 24 -hour period does not
exceed value:
' D equals 0.001 (L x L) /t
in which "L" is span in feet, "t" is depth of slab or beam in inches.
' 12/04 03300 -11 03 -4138
A. Except as otherwise specifically authorized by the Engineer, forms shall not be removed
'
before the concrete has cured as specified above in subparagraph 3.08C and the concrete
has attained a strength of at least 30 percent of the ultimate strength prescribed by the
design, and not before reaching the following number of day - degrees (whichever is the
longer):
Forms for lay -Degree*
1
Beams and slabs 500
Walls and vertical surfaces (non-
water retaining) 100
Walls and vertical surfaces (water
retaining) 150
*Day - degree: Total number of days times average daily air temperature at surface of
concrete. For example, 5 days at a daily weighted average temperature of 60 degrees F
equal 300 day - degrees. Temperatures below 50 degrees F not to be included.
B. Shores shall not be removed until the concrete has attained at least 60% of the specified
strength and also sufficient strength to support safely its own weight and the construction
live loads upon it, but concrete shall be minimum age of 14 days before such removal.
3.10 FAILURE TO MEET REQUIREMENTS
A. Should the strengths shown by the test specimens made and tested in accordance with the
above provision fall below the values given in Table A, the Engineer shall have the right to
require changes in proportions as outlined above to apply to the remainder of the work.
' Furthermore, the Engineer shall have the right to require additional curing on those portions
of the structure represented by the test specimens which failed, the cost of such additional
curing to be at the Contractor's expense. In the event that such additional curing does not
give the strength required, as evidenced by core and/or load tests, the Engineer shall have
the right to require strengthening or replacement of those portions of the structure which
fail to develop the required strength. The cost of all such core borings and /or load tests and
any strengthening or concrete replacement required because strengths of test specimens are
' below that specified, shall be entirely at the expense of the Contractor. In such cases of
failure to meet strength requirements the Contractor and Engineer shall confer to determine
the adjustment, if any, can be made in conformity with Sections 16 and 17 of ASTM
Specification C94 for Ready -Mixed Concrete.
B. When the tests on control specimens of concrete fall below the required strength, the
Engineer will permit check tests for structure in accordance with ASTM Methods C42 and
C39. In case of failure of the latter, the Engineer, in addition to other recourses, may
require, at the Contractor's expense, load tests on any one of the slabs, beams, and columns
in which such concrete was used. Test need not be made until concrete has aged 60 days.
C. Slabs or beams, under load test, shall be loaded with their own weights plus a
super- imposed load of 2 times design live load. The load shall be applied uniformly over
portion being tested in approved manner, and left in position for 24 hours. The structure
shall be considered satisfactory if deflection "D" in feet, at end of 24 -hour period does not
exceed value:
' D equals 0.001 (L x L) /t
in which "L" is span in feet, "t" is depth of slab or beam in inches.
' 12/04 03300 -11 03 -4138
D. If deflection exceeds "D" in the above formula, the concrete shall be considered faulty
unless within 24 hours after removal of the load, slab or beam under test recovers at least
75% of observed deflection.
E. Should the strength of test cylinders fall below 60% of the required minimum 28 day
strength, the concrete shall be rejected and shall be removed and replaced.
3.11 PATCHING AND REPAIRS
A. It is the intent of these Specifications to require that forms, mixture of concrete and
workmanship shall be such that concrete surfaces, when exposed, will require minimal
finishing as specified in Paragraph 3.05 above.
B. As soon as the forms have been stripped and the concrete surfaces exposed, fins and other
projections shall be removed, recesses left by the removal of form ties (except where ties
are left in place during sandblasting) shall be filled and surface defects which do not impair
structural strength shall be repaired. Clean all exposed concrete surfaces and adjoining
work stained by leakage of concrete, to approval of the Engineer.
C. Immediately after removal of forms remove plugs and break off metal ties as required by
Paragraph 3.06. Holes are then to be promptly filled upon stripping as follows: Moisten
' the hole with water, followed by a 1/16 inch brush coat of neat cement slurry mixed to the
consistency of a heavy paste. Immediately plug the holes with 1 1.5 mixture of cement and
concrete sand mixer slightly damp to the tough (just short of "balling "). Hammer the grout
into the hole until dense, and an excess of paste appears on the surface in the form of a
spider web. Trowel smooth with heavy pressure. Avoid burnishing.
D. Rub lightly with a fine carborundum stone at an age of 1 to 5 days if necessary to bring the
surface down with the parent concrete. Exercise care to avoid damaging or straining the
virgin skin of the surrounding parent concrete. Wash thoroughly to remove all rubbed
matter.
E. Defective concrete and honeycombed areas shall be chipped reasonably square and at least
1 inch deep to sound concrete by means of hand chisels or pneumatic chipping hammers.
Irregular voids or surface stones need not be removed if they are sound, free of laitance,
and firmly embedded in the parent concrete, subject to Engineer's final inspection. If
honeycomb exists around reinforcement, chip to provide a clear space at least 3/8 inch wide
all around the steel. For areas less than 1 1/2 inch deep, the patch may be made in the same
manner as described above for filling for tie holes, care being exercised to use adequately
dry (non- trowelable) mixtures and to avoid sagging. Thick repairs will require build -up in
successive 1 1/2 inch layers on successive days, each layer being applied (with slurry, etc.)
as described above. To aid strength and bonding of the multiple layer repairs, the Engineer
may order the use of Embeco non - shrink, metallic aggregate by the Master Builders
Company, Cleveland, OH or Ironite by Fox Industries, Madison IL as an additive as
follows:
Material Volumes Weights
Cement 1.0 1.0
Embeco 0.15 0.25
Sand 1.5 1.5
F. For very heavy (generally formed) patches; the Engineer may order the addition of pea
gravel to the mixture and the proportions modified as follows:
Material Volumes Weights
' 12/04 03300 -12 03 -4138
Cement 1.0 1.0
Embeco 0.2 0.33
Sand 1.0 1.0
Pea Gravel 1.5 1.5
' G. In cases where the Embeco is employed in multiple patches and a rusty finish is not desired
on the surface, such as exposed faces of walls, etc., the final layer (or at least the final 1/2
inch) shall be composed of the 1 1.5 grout without Embeco. After hardening, rub lightly as
described above for form tie holes.
3.12 INSTALLATION SCHEDULE
A. Concrete for all structures shall have minimum compressive strength at 28 days of 3000 psi
unless otherwise indicated on the drawings.
' 3.13 FIELD CONTROL
A. The Contractor shall advise the Engineer of his readiness to proceed at least one working
day prior to each concrete placement. The Engineer will inspect the preparations for
concreting including the preparation of previously placed concrete, the reinforcing and the
alignment and tightness of formwork. No placement shall be made without the prior
approval of the Engineer.
B. The Engineer may have cores taken from any questionable area in the concrete work such
as construction joints and other locations as required for determination of concrete quality.
The results of tests on such cores shall be the basis for acceptance, rejection or determining
the continuation of concrete work.
C. The Contractor shall cooperate in obtaining cores by allowing free access to the work and
' permitting the use of ladders, scaffolding and such incidental equipment as may be
required. The Contractor shall repair all core holes to the satisfaction of the Engineer. The
work of cutting and testing the cores will be at the expense of the Owner if cores test
satisfactorily and will be at the expense of the Contractor if cores test unsatisfactorily.
END OF SECTION
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