HomeMy WebLinkAboutSpecifications
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CITY OF SUNNY ISLES BEACH
172ND STREET ROADWAY IMPROVEMENTS
Prepared by:
m1! ! Calvin, Giordano & Associates, Inc.
.. {EXCEPTIONAL SOLUTIONS
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CGA Project No. 03-4197
City of Sunny Isles Beach Bid No. 07-05-01
June 2007
SEr"i ,\
FOR BIDDING PURPOSES ONLY
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CITY OF SUNNY ISLES BEACH
172ND STREET ROADWAY IMPROVEMENTS
Contract Documents
and
Specifications
m1. i Calvin, Giordano & Associates, Inc.
.. IEXCEPTIONAL SOLUTIONS
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CGA Project No. 03-4197
City of Sunny Isles Beach Bid No. 07-05-01
June 2007
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1
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, TABLE OF CONTENTS
172ND STREET ROADWAY IMPROVEMENTS
CGA Project No. 03-4197
City of Sunny Isles Beach Bid No. 07-05-01
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
CONTRACT
DOCUMENTS
00020 Notice to. Bidders
00100 I nstructions to Bidders
00300 Bid Form
00401 Bid Bond
00402 Public Entity Crimes Affidavit
00403 Trench Safety Act
00420 Information Required from Bidders
00500 EJCDC Standard Form of Agreement
00600 Payment Bond
00601 Performance Bond
00650 Acknowledgment of Conformance with a.S.H.A. Standards
00700 General Conditions
00800 Supplementary Conditions
00900 Addenda
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work
01025 Measurement for Payment
01030 Special Project Procedures
01045 Cutting and Patching
01046 Modifications to Existing Structures, Piping & Equipment
01050 Field Engineering
01100 Alternates
01152 Applications for Payment
01200 Project Meetings
01310 Construction Schedules
01340 Shop Drawings, Working Drawings, and Samples
01370 Schedule of Values
0141 0 Testing and Testing Laboratory Services
01505 Control of Work
01510 Temporary Utilities
01532 Tree and Plant Protection
01540 Security
01550 Site Access and Storage
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01570 Traffic Regulation
01600 Material and Equipment
01701 Project Closeout
01710 Cleaning
01720 Project Record Documents
01730 Operating Maintenance Data
01740 Warranties and Bonds
DIVISION 2 - SITEWORK
02100 Site Preparation
02200 Earthwork
02210 Fine Grading
02221 Trenching, Bedding, and Backfill for Pipe
02223 Excavation Below Normal Grade and Gravel Refill
02513 Asphaltic Concrete Paving
02580 Pavement Markings and Signing
02611 Reinforced Concrete Pipe
02613 Corrugated Metal Drainage Pipe
02630 Storm Drainage
02931 Sodding
DIVISION 3 - CONCRETE
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.
172ND STREET ROADWAY IMPROVEMENTS
CGA Project No. 03-4197
City of Sunny Isles Beach Bid No. 07-05-01
Sealed bids for the construction of the N.E. 172nd Street Roadway Improvements
consisting of the reconstruction of N.E. 172nd Street including: paving, grading,
drainage, lighting improvements, traffic separators, sidewalks, and landscaping 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 am, Tuesday, July 17, 2007 at the City of
Sunny Isles Beach, City Hall located at 18070 Collins Avenue, Sunny Isles Beach,
Florida, 33160. Bids received after this time will be returned unopened. Bids submitted
will be opened publicly and read aloud at this time.
A Mandatory Pre-Bid Conference is scheduled for 10:00 am, Wednesday, June 27,
2007 at the City of Sunny Isles Beach, City Hall located at 18070 Collins Avenue,
Sunny Isles Beach, Florida 33160, (305) 947-0606.
Bidders may obtain complete sets of Bidding Documents from the City of Sunny Isles
Beach at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 at no cost. Partial
sets of Bidding Documents will not be available.
Bidding Documents may be examined at the City of Sunny Isles Beach, at the above-
referenced address.
Bid security in the amount of five percent (5%) of the Total Bid, 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:
June 13, 2007
END OF DOCUMENT
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SECTION 00100
INSTRUCTIONS TO BIDDERS
1. DEFINITION OF TERMS
1.1 Bidding Documents - these include the Advertisement for Bid, Instructions
to Bidders, Bid Form, sample bidding and contract forms, proposed
Contract Documents as defined in the General Conditions and any
Addenda issued prior to receipt of bids.
1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder
offers to perform the Work as described in the Bidding Documents.
1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of
measurement for materials or labor as described in the Bidding
Documents.
1.4 Addenda - written and graphic documents issued by the Engineer prior to
the execution of the Contract to modify or interpret the Bidding
Documents.
1.5 General Conditions - 2002 Version of the Standard General Conditions of
the Construction Contract.
1.6 Any Capitalized terms contained here-in (e.g. Owner, Engineer, Work,
Agreement, Contract) and is not defined above are contained in the
General Conditions Article 1 - Definitions and Terminology.
2. BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of
the 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. N.E. 172nd Street Roadway Improvements
Bid No. 07-05-01
CGA Project No. 03-4197
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3. EXAMINATION OF DOCUMENTS AND SITE
3.1 Bidders shall visit the site of the proposed work and become familiar with
the nature and extent of work to be performed and local conditions that
may affect the work.
3.2 The Bidding Documents were prepared to present an essentially accurate
representation of existing conditions, interpreted from available
information on the site. The Bidder is not relieved, however, of the
responsibility of becoming fully informed as to existing conditions at the
site.
3.3 Bidders shall examine existing site improvements, and conditions, utilities,
and streets to determine all conditions, which will affect the Work.
4. INTERPRETATION OF BIDDING DOCUMENTS
4.1 All questions requiring clarification or interpretation of the Bidding
Documents shall be made in writing and shall reach the office of the
Owner at least 5 days prior to the date for receipt of bids. Direct all
requests to the attention of the Project Engineer at Calvin, Giordano &
Associates, Inc., 1800 Eller Drive Suite 600, Fort Lauderdale, FL 33316;
Fax: 954-921-8807; Phone: 954-921-7781.
4.2 Any modification or interpretation of the Bidding Documents will be made
by Addendum to all who are recorded by the Engineer as having received
a complete set of Bidding Documents.
4.3 Interpretations or modifications of Bidding Documents made In any
manner other than by Addendum will not be binding.
4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received
all Addenda issued, and shall acknowledge their receipt in the Bid Form.
5. SUBSTITUTIONS
5.1 Bidders represent that their Bid is based upon the materials and
equipment described in the Bidding Documents.
5.2 Requests for substitutions will be considered prior to receipt of bids if they
reach the Engineer at least 5 days prior to the date for receipt of bids.
5.3 Acceptance by the Engineer of a proposed substitution will be issued in
the form of an Addendum or Substitution Request Form.
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6. QUALIFICATION OF BIDDERS
6.1 If requested, the Bidder shall submit to the Engineer, prior to award of
contract, a properly completed Contractors Qualification Statement, along
with any other evidence of his satisfactory experience and ability to
perform the proposed Work.
6.2 If requested by the Owner, the Bidder shall submit a certified financial
statement, prepared within the past 30 days, indicating current financial
resources, liabilities, capital equipment, and past history performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a. Reason to believe that collusion exists among Bidders.
b. Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records,
or other questionnaires.
c. The Bidder's uncompleted work load which in the judgment 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.
g. The Bidder, or its principals, have outstanding code enforcement
violations with the City of Sunny Isles Beach.
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.
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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 (1) original and five (5) copies of the Bid Form, the bid
security, the list of Subcontractors, and other requested attachments,
enclosed in a sealed opaque envelope, addressed to the entity receiving
the bids as stated in the Advertisement for Bids. The envelope shall be
further identified with the Project name, the Bidder's name and address,
and the words "BID ENCLOSED".
9.2 Deposit Bids at the designated location on or before the time and date for
receipt of Bids indicated in the Advertisement for Bids. Bids received after
the time and date indicated for receipt of Bids will be returned unopened.
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 less.
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10.2 Failure of the successful Bidder to enter into the Contract in accordance
with his Bid, or failure to furnish the required bonds will be just cause for
an annulment of the award with the amount of the bid security being
forfeited to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable surety companies shall be
determined from the latest United States Treasury Department's list of
companies holding certificates of authority as acceptable Sureties on
Federal Bonds. Requirements for Acceptable Surety Companies are
outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award
may be considered until successful execution of the Contract and bonds;
or the specified time for holding bids has elapsed; or all Bids have been
rejected.
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.
13. GOVERNING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration
excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project.
In compliance with current State of Florida statutes, the Bidder shall
provide documentation required by the Florida Trench Safety statute to the
Owner, in conjunction with the Bid Form.
14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially
complete by the date set forth in the Agreement. The Contractor (and his
Surety) shall be liable for liquidated damages in accordance with the
Supplementary Conditions and the Agreement.
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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:
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Amount of Bond
Cateqorv
100,000 to 1,000,000 B++
1,000,001 to 2,000,000 A-
2,000,001 to 5,000,000 A
Financial Size
Policyholder's Ratinq
Class V or higher
Class VI or higher
Class VII or higher
b. All Surety Companies are subject to review and approval by the
Owner and may be rejected without cause. All bonds signed by an
Agency must be accompanied by a certificate of authority to act.
15.5 The Surety Company shall submit verification from the Department of
Insurance Office of the Treasurer stating the surety company's license and
certificate of authorization to do business in the State of Florida.
16. SUBCONTRACTOR LIST
16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal
portions of the Work. Submit list on form provided by the Engineer.
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they
have an objection to any person or entity listed. Upon such reasonable
objection, the Bidder shall propose an acceptable substitute person or
entity in accordance with Article 6.06 of the General Conditions.
17. BID PROTEST
17.1 In the event of a timely protest, the City Manager or his/her designee shall
stay the award of the contract unless, after consulting with the City
Attorney and the affected director, he/she determines that the award of the
contract without delay is necessary to protect substantial interests of the
Owner.
17.2 The city shall require a deposit from a protester to compensate the Owner
for the expenses of administering the protest. If the protest is decided in
the protester's favor, the entire deposit shall be returned to the protester. If
the protest is not decided in the protester's favor, the deposit shall be
forfeited to the Owner. The deposit shall be in the form of a cashier's
check and shall be in the amount of 1 % of the amount of the pending
award, with a minimum deposit of $500 and a maximum deposit of
$10,000.
18. CONTRACT AWARD AND EXECUTION
18.1 Until final award of Contract, the Owner reserves the right to reject any
and all Bids, with or without cause; to waive any informality or irregularity;
or to accept the Bid which is in the best interest of the Owner.
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18.2 It is the intent of the Owner to award a Contract to the lowest responsible
Total Base Bidder whose Bid is in conformance with the Bidding
Documents and does not exceed the funds available.
18.3 Upon acceptance of a Bid and award of the Contract, the successful
Bidder shall deliver the executed Contract, along with required bonds and
any other items requested, to the Owner within 10 days. Failure to do so
will be deemed as a breach of agreement by the Bidder and result in
forfeiture of bid security as described in the Instructions to Bidders.
18.4 The Owner reserves the right to hold all proposals and bid guarantees for
a period not to exceed 90 days after the date of bid opening stated in the
Advertisement for Bids.
18.5 The award of the contract, if it is awarded, will be to the lowest responsible
total base bidder whose qualifications indicate the award will be to the
best interest of the Owner and whose proposal shall comply with the
requirements of the Contract Documents. Time is of the essence for this
project and the time limits set in the proposal, if set by the bidder, will be
accorded weight by the Owner in the determination of the best proposal.
In no case will the award be made until all necessary investigations have
been made into the responsibility of the low bidder and the Owner is
satisfied that the bidder is qualified to do the Work and have the
necessary organization, capital and equipment to carry out the provisions
of the contract to the satisfaction of the Owner within the time specified.
18.7 If the Contractor feels that a problem exists either prior to, or during the
bid opening, he/she shall contact the City (within 24 hours of the bid
opening) and follow the City's 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 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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SECTION 00300
BI D FORM
Bid of
Address
Phone
To furnish all materials, equipment and labor and to perform all work in accordance with the
Contract Documents for construction of: 172nd STREET ROADWAY IMPROVEMENTS located
in the CITY OF SUNNY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
The undersigned Bidder has carefully examined the Bidding Documents and the site of the
proposed work and is familiar with the nature and extent of the work and any local conditions
that may in any manner affect the work to be done.
The undersigned Bidder agrees to do all the work and furnish all materials called for by the
Bidding Documents, in the manner prescribed therein and to the standards of quality and
performance established by the Engineer for the unit price amounts stated in the spaces herein
provided, for each of the items or combination of items stipulated. Unit price line items shall
include cost of implementing all applicable safety requirements. Bidder acknowledges that
estimated quantities scheduled are approximated for the sole purpose of obtaining comparative
bids for determination of the lowest responsible 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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I 172ND STREET ROAD IMPROVEMENTS
I UNIT PRICE BID SCHEDULE
Estimate
Item d Estimated
I No. Description Quantity Unit Unit Price Amount
I. GENERAL
1. Mobilization per FOOT (<5%) 1 LS
I 2, Maintenance of traffic per FDOT including
temporary striping and signage, barricades,
I barriers, arrow panels, etc. as required. 1 LS
3. Clearing and grubbing
1 LS
I 4. Pollution prevention and sediment control
1 LS
5. Earthwork
1 LS
I GENERAL SUBTOTAL $
I II. CIVIL
A Demolition/Site Preparation
I 6. Asphalt pavement demolition & stockpiling 4936 SY
7. Concrete sidewalk demolition & stockpiling
1210 SY
I 8. Hauling and disposal (asphalt & concrete)
375 CY
9. Catch basin to be abandoned in place and
I filled with flowable flow 15 CY
10. Existing drainage pipes to be filled with
flowable fill 80 CY
I 11. Relocate or adjust existing street signs
3 EA
12. Relocate power/light poles
I 8 EA
13. Relocate existing mailbox
1 EA
I B Paving
14. 1 W' Asphalt, Type S-3
550 TN
15. 12" Stabilized subgrade
I 5376 SY
16. 8" Limerock base
1076 CY
I 17. 4" Concrete sidewalk
1522 SY
18. 6" Concrete driveway
I 379 SY
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I 19. Drop curb 422 LF
20. Type F curb and gutter 2415 LF
I C Striping and Signs
21. Thermoplastic STD white solid 6" .60 NM
I 22. Turn arrows 8 EA
23. RPM amber/amber 106 EA
I 24. RPM colorless/red 7 EA
I 25. R2-1 24" x 30" speed limit sign 3 EA
26. R3-5R Right turn lane sign EA
1
I 27. R3-5L Left turn lane sign 1 EA
28. 6" Double yellow .60 8M
I 29. Pavement message (ONLY) 2 EA
30. R3-7L Left lane must turn left 2 EA
I 31. W1-1a (R) Right turn and speed 1 EA
I 32. W1-1 a (L) Left turn and speed 1 EA
33. 10' - 30' Skip white line .30 8M
I D Drainage
34, Manholes Type "P" 3' - 6' (Alternate A) 1 EA
I 35. Curb inlet (6) Type "P" 3' - 6' 8 EA
12" Yard drain by ADS
36. 14 EA
I 37. 12" HOPE pipe 503 LF
38. 15" RCP 72 LF
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39. 18" RCP 1232 LF
I 40. Sodding (St. Augustine) 3350 SY
$
I CIVIL SUBTOTAL
III ELECTRICAL
I 41. Luminaires 14 EA
42. Luminaire poles 14 EA
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I 43. PVC Conduit
3000 LF
44. Copper wiring 3000 LF
I 45. Trenching
3000 LF
46. Backfill
I 3000 LF
47. Luminaire wiring labor
14 EA
I 48. Luminaire mounting labor
14 EA
I ELECTRICAL SUBTOTAL $
I GRAND TOTAL (Items 1-48) $
I (Written)
I (Authorized Signature) (Date)
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BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of
the bid made payable to the Owner which may be forfeited as liquidated damages if, in the
event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and
pay for the required performance and payment bonds for the Owner within 10 days after
acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to
the undersigned.
The undersigned Bidder agrees to commence work within 1Q days after the date of written
Notice to Proceed, and further agrees to substantially complete the work within 270 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 300 days after the
Contract time commences to run.
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a
period of 60 days after the scheduled closing time for receiving bids.
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day
elapsing between the date established as the date of substantial completion and the actual date
of such substantial completion of the contract work, the amount of $1,500.00 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 $1,000.00 per calendar day.
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I ADDENDA
Bidder acknowledges the receipt of Addendum No. 's
I 1. ,2. ,3. ,4. ,5.
I Dated this _ day of
(month) (year)
I Contractor:
Address:
I *
SEAL
*
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I Attachments:
Subcontractor List
Bid Security
I Trench Safety Act documentation
I 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
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
BID
BID DUE DATE:
PROJECT (Brief Description includinp Location):
172n Street Roadwav Improvements
Consistinq of the reconstruction of N.E. 172nd Street including: pavinq, qradinq, drainaqe, liqhtinq
improvements, traffic separators, sidewalks, and landscaping.
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
(Seal)
(Seal)
Bidder's Name and Corporate Seal
Surety's Name and Corporate Seal
By:
By:
Signature and Title
Signature and Title
(Attach Power of Attorney)
Attest:
Attest:
Signature and Title
Signature and Title
Note:
Above addresses are to be used for giving required notice.
Any singular reference to Bidder, Surety, Owner or other party shall be
considered plural where applicable.
(1 )
(2)
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1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to pay to Owner upon default of
Bidder any difference between the total amount of Bidder's
bid and the total amount of the bid of the next lowest,
responsible and responsive bidder as determined by Owner
for the Work required by the Contract Documents, provided
that:
1,1. If there is no such next lowest, responsible and
responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner the penal sum set forth on
the face of this Bond, and
1.2, In no event shall Bidder's and Surety's obligation
hereunder exceed the penal sum set forth on
the face of this Bond,
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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.
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3. This obligation shall be null and void if:
3,1. Owner accepts Bidder's bid and Bidder delivers
within the time required by the Bidding
Documents (or any extension thereof agreed to
in writing by Owner) the executed Agreement
required by the Bidding Documents and any
performance and payment bonds required by
the Bidding Documents and Contract
Documents, or
3,2, All bids are rejected by Owner, or
3,3, Owner fails to issue a notice of award to Bidder
within the time specified in the Bidding
Documents (or any extension thereof agreed to
in writing by Bidder and, if applicable, consented
to by Surety when required by paragraph 5
hereof).
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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.
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5. Surety waives notice of and any and all defenses
based on or arising out of any time extension to issue notice
of award agreed to in writing by Owner and Bidder, provided
that the total time for issuing notice of award including
extensions shall not in the aggregate exceed 120 days from
Bid Due Date without Surety's written consent.
6. No suit or action shall be commenced under this Bond
prior to 30 calendar days after the notice of default, as
required in Paragraph 4 above, is received by Bidder and
Surety and in no case later than one year after Bid Due
Date.
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction located
in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent
by personal delivery, commercial courier or by United States
Registered or Certified Mail, return receipt requested,
postage pre-paid, and shall be deemed to be effective upon
receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver
such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall
be deemed to be included herein as if set forth at length, If
any provision of this Bond conflicts with any applicable
provision of this Bond conflicts with any applicable provision
of any applicable statute, then the provision of said statute
shall govern and the remainder of this Bond that is not in
conflict therewith shall continue in full force and effect.
11. The term "bid" as used herein includes a bid, offer or
proposal as applicable.
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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]
[print name of entity submitting sworn statement]
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: .)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida
Statues, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among
persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
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6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [Indicate which statement applies]
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings
and the Final Order entered by the Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this
day of
,20_.
Personally known
OR Produced identification
Notary Public - State of
My commission expires
(Type of identification)
(Printed typed or stamped
commissioned name of notary public)
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DOCUMENT 00403
TRENCH SAFETY ACT
(90-96, Laws of Florida)
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total
Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida)
effective October 1, 1990. The bidder further identifies the costs of such compliance to be
summarized below:
Trench Safety
Measure
(Description)
Unit of
Measure
(LFSF)
Unit
(Quantity)
Unit
Cost
Extended
Cost
A.
B.
C.
D.
Total $
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances and costs are included in his bid package.
Signature of Bidding Contractor
END OF DOCUMENT
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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, Contractor's Telephone Number:
3, Contractor'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?
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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
OF
PROJECT
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
CITY
(Continue list on inset sheet, if necessary)
11. What equipment do you own that is available for the work?
12. What equipment will you purchase for the proposed work?
NOTE: Attach additional sheets if required.
If requested by the City, the Bidder shall furnish a notarized financial statement, references and other
information, sufficiently comprehensive to permit an appraisal of his current financial condition.
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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 NamelAddress
1.
2.
3.
4,
5.
6.
7,
8.
9.
10.
NOTE: Attach additional sheets if required.
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year 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:
172nd Street Roadwav Improvements
Consistinq of the reconstruction of N.E, 172nd Street includinq: pavinq, qrading, drainaqe, liqhtinq
improvements, traffic separators, sidewalks, and landscapinq.
Article 2. ENGINEER.
The Project has been designed by:
Calvin, Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Fort Lauderdale, FL 33316
(954) 921-7781
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1. The work will be substantially completed within 270 calendar days after the date when the
Contract Times commence to run completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 300 calendar days after the date when the
Contract Times commence to run.
3.2. L1QUIDA TED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. They also recognize the delays, expense and difficulties
involved in proving the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One
Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time
specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially
complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project
completion date within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
One Thousand and 00/100 dollars ($1000.00) for each day that expires after the time specified in
paragraph 3,1 for completion and readiness for final payment.
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Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4,1 below:
4.1. FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
(use words)
($
figures
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the last day of each month during construction as provided in paragraphs
5.1.1, and 5.1.2. below. All such payments will be measured by the schedule of values established
in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the
number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.
~ % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed,
~ % (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.02 of the
General Conditions and within Section 9-6.5 partial payments as provided in
FOOT Standard Specifications for Road and Bridge Construction,
5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by
the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase
to 98% of the contract price (with the balance being retainage), less such amounts as
ENGINEER shall determine, only after receipt of the final as-builts and upon substantial
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completion of the project and in accordance with Paragraph 14.02 of the General
Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.07,
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of
the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents,
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
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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...1Q,. inclusive).
8.2. Exhibits to this Agreement (page) A inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and
consisting of ---L pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 00700-1 to 00700-43, inclusive),
8.6. Supplementary Conditions (pages 00800-1 to 00800-15. inclusive) and any amendments
thereto.
8.7. Specifications bearing the title Specifications
and consisting of 16 divisions.
8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing
Index INX-1.
8.9.
Addenda
, inclusive.
8.10. CONTRACTOR's Bid.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages NIA to NIA
inclusive).
8.12. 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.
8.13 Amendments and Additions to the Standard General Conditions of the Construction
Contract and the Supplementary Conditions, identified as exhibits and
and consisting of _ pages.
The documents listed in paragraphs 8.2 et seq, above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
Article 9. MISCEllANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
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
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will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provisions or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
DESCRIPTION
SHEET NO.
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Cover Sheet
Demolition Plan
Construction Notes
Paving, Grading and Drainage Plan
Drainage Details
Storm Water Pollution Prevention Plan
Paving Marking and Signage Plan
Photometric Plans
Power Plans
Pole Details
Service Point Calculations
C100 - C102
C103 - C105
C200 - C202
C203
C400 - C403
C600 - C602
E100 - E102
E103-E105
E106
E107
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9.5.2. In accordance with the indemnification provision contained in the General Conditions, the
CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, and
their agents and employees, from or on account of any injuries or damages received or sustained
by any person or person during or on account of any operations connected with the construction of
all Work; or by or in consequence of any negligence in connection with the same; or by use of any
improper materials or by or on account of any act or omission of the said Contractor, subcontractor,
agents, servants, or employees; and
9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000
for injuries, including willful death, to anyone person and subject to those same limits for each
person, in an amount not less that $1,000,000 for damages as a result of each occurrence and
property damage insurance and in an amount not less than $1,000,000 for damages on anyone
occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND their
agents and employees, by making them an additional insured, and shall not be modified or
canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH.
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.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ENGINEER on their behalf.
This Agreement will be effective on
, 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).
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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.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Edelcup, Mayor
day of
,2007
Jane Hines, City Clerk
Approved as to form and legality by By:
Office of the City Attorney
A. John Szerlag, City Manager
day of
,2007
By:
Hans Ottinot, City Attorney
_day of
,2007
(CITY SEAL)
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I,
that
Dade County Florida for
IS
behalf of the Corporation.
, City Bid No.
of said Corporation with full authority to sign said Bid on
Signed and sealed this _ day of
,20 .
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
,20_.
My Commission Expires:
Notary Public
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CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I,
, certify that I am the
of
who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
, Consultant Project No. , and
that the following persons have the authority to sign payment requests on behalf of the
Corporation:
(Signature)
(Typed Name wlTitle)
(Signature)
(Typed Name wlTitle)
(Signature)
Signed and sealed this _ day of
(Typed Name w/Title)
,20_.
(SEAL)
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this _ day of
,20 .
My Commission Expires:
Notary Public
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THIS PAGE INTENTIONALLY LEFT BLANK
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Construction Payment Bond
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
172nd Street Roadway Improvements
Consistinq of the reconstruction of N.E, 172nd Street includinq: pavinq, qradinq, drainaqe, liqhtinq improvements,
traffic separators, sidewalks, and landscapinq.
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
SURETY
Company
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
Final Version 6/07
EJCDC No. 1910-288 (1984 Edition)
Prepared through the joint effons 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,
00600-1
03-4197
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1. The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1, Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2, Defends, indemnifies and holds harmless the Owner from all
claims, demands, liens or suits by any person or entity who
furnished labor, materials or equipment for use in the
performance of the Construction Contract, provided the Owner
has promptly notified the Contractor and the Surety (at the
address described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums
due.
4. The Surety shall have no obligation to Claimants under this Bond
until:
4.1,
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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
I Surety shall promptly and at the Surety's expense take the following
actions:
6.1.
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Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed,
6.2, Payor arrange for payment of any undisputed amounts.
7, The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be credited for any payments
I 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
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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.
15.3.0wner 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)
I AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
I
I Final Version 6/07
EJCDC No. 191O-28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
I General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors,
00600-2
03-4197
Construction Performance Bond
CONTRACTOR (Name and Address):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
SURETY (Name and Principal Place of Business):
172nd Street Roadwav Improvements
Consistinq of the reconstruction of N.E. 172nd Street includinq: pavinq, qradinq. drainaqe, Iiqhtinq improvements,
traffic separators, sidewalks, and landscapinq.
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL
Company
(Corp. Seal)
Signature:
Name and Title:
SURETY
Company
Signature:
Name and Title:
(Corp. Seal)
SURETY
Company
Signature:
Name and Title:
(Corp. Seal)
Final Version 6/07
EJCDC No, 191O-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.
00601-1
03-4197
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1. The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. 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
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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):
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03-4197
Final Version 6/07 00601-2
EJCDC No. 1910-28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
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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 "172ND STREET ROADWAY 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
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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.
-------
ACEC
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
_National Society of
. Professional Engineers
Professional Engineers in Private Practice
lISCl1! American Society
ii=I .. of Civil Engineers
AMF.l\.IL\~ Cn\i~CH. t)i' l:..~ct:-'[Um~(. CO;\11'.'\Nlt_5
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
~ Knowledge lor Creating
~ and SustaIning
the Built Environment
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright Ih> 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - I
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03-4197
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Copyright @2002
I
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
I
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
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These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner
and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may
necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction
Documents, General and Instructions (No, C-001) (2002 Edition). For guidance in the preparation of
Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002
Edition).
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EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright iD 2002 National Society of Professional Engineers for E./CUe. All rights reserved.
00700 - 2
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TABLE OF CONTENTS
Paqe
ARTICLE 1 - DEFINITIONS AND TERMINOLOGy................................................................................................... 6
1.01 Defined Terms...................,...................... ..............,...... ........................................ ..........,..,.."......,....,.....6
1.02 Terminology.,................,...,........................,. .....,............. .........,..................................... ..... .......... ..........,8
ARTICLE 2 - PRELIMINARY MATTERS .............................................,...................................................,................' 9
2,01 Delivery of Bonds and Evidence of Insurance ......................................................................................... 9
2,02 Copies of Documents................................,.. ................ .............. ................,.............,................... ........,... 9
2.03 Commencement of Contract Times; Notice to Proceed .......................................................................... 9
2.04 Starting the Work.................................... .................,......... .............................................,.......,.....,.......... 9
2.05 Before Starting Construction......... ........................,........ ..................,...............,..,....... ........,........ .......,.... 9
2.06 Preconstruction Conference..............,............,.............,.....,..................,.......................,......,............. ..... 9
2.07 Initial Acceptance of Schedules...................... ..... ........... ..........................".......,.......................,............,9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................ 10
3.01 Intent .....,.,...,....................... ............................... .............................................,........... ........... ....... ......... 10
3,02 Reference Standards............. ................. .............. ......... ..................,..............,....................................,. 10
3.03 Reporting and Resolving Discrepancies........................... .......... .....................,..,............ ..... ....... .......... 10
3.04 Amending and Supplementing Contract Documents............................................................................. 11
3.05 Reuse of Documents................. .................. .......... ...... ............., ................................. ......... ....... ........... 11
3.06 Electronic Data...................................... ......... .............. ...... ................................ ............................. ....... 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS.................................................................................... 11
4.01 Availability of Lands ...............................................................................................................................11
4.02 Subsurface and Physical Conditions ..................................................................................................... 12
4.03 Differing Subsurface or Physical Conditions.......................................................................................... 12
4.04 Underground Facilities............... ........ ............ ........ ...... ...........,.............. .............. ............., .................... 13
4.05 Reference Points..................................... ......... ..... ......... ................................. ...............,...............,....... 13
4.06 Hazardous Environmental Condition at Site.......................................................................................... 13
ARTICLE 5 - BONDS AND INSURANCE ................................................................................................................14
5.01 Performance, Payment, and Other Bonds............................................................................................. 14
5.02 Licensed Sureties and Insurers ............................................................................................................. 15
5.03 Certificates of Insurance ................... ..... ....................... .................................. ......................... .............. 15
5.04 Contractor's Liability Insurance...................... ....... ............................................. .......,..... ........,....... ....... 15
5.05 Owner's Liability Insurance......... ............. .........., .............. .................................................. ................,.. 16
5.06 Property Insurance....... ................................ ..........,............,.....................................,..........,.........,....... 16
5.07 Waiver of Rights.................,................................,...........................,............ ..........................,............... 17
5.08 Receipt and Application of Insurance Proceeds............ ..................... ............. .......... ........ .................... 17
5.09 Acceptance of Bonds and Insurance; Option to Replace ...................................................................... 17
5.10 Partial Utilization, Acknowledgment of Property Insurer........................................................................ 18
ARTICLE 6 - CONTRACTOR'S RESPONSiBILITIES............................................................................................. 18
6.01 Supervision and Superintendence.......,................. ......... ...........,............,............ ............. ........ ..... ........ 18
6,02 Labor; Working Hours......,.,........,........................ .............................................. ............. ....,.................. 18
6.03 Services, Materials, and Equipment ..................,............,.....,..........,.............................,....,...............,.. 18
6.04 Progress Schedule........................... ............ ......................... ............,.................... ...............,...... .......... 18
6.05 Substitutes and "Or-Equals"....... ................,. .......,........ .................................................... ........ .............. 19
6,06 Concerning Subcontractors, Suppliers, and Others .............................................................................. 20
6.07 Patent Fees and Royalties.................................,.......................................,.....................,..............,...... 21
6.08 Permits...................................................,...................................................,............... .....,...................... 21
6.09 Laws and Regulations....,.........,............. ...........,...,...........................,.....................,.......,.,.,..,...,.......,... 21
6.10 Taxes .....,..,........,.................,................................,..............,....,.............,..........,..................,.........,...... 22
6.11 Use of Site and Other Areas .,.................,.................,......,..,..................,........,................,.....,.....,......,.. 22
6,12 Record Documents......,.........................,......,...,.. ......................,.,.,......................................,................ 22
6.13 Safety and Protection........,....,......,..,............. .....,... ....................,.'.........,.................... .........,................ 22
6.14 Safety Representative.....,.......,......,........,................................................,......................,......,..... .........,23
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6,15 Hazard Communication Programs......... ....... ............., ........".............,.......,.....,.......,....".........,.......,.,... 23
6.16 Emergencies.............................., ...........,...,......,..........,.... ..........,....,.....,.........,..................,.,... .............23
6.17 Shop Drawings and Samples.............................,..,.........................,...."...,..,.,..,.....,.,..,.,.............,...,.,...23
6.18 Continuing the Work .....................................................,.................,.... .,...,..,.......,.........,..,.......,............24
6,19 Contractor's General Warranty and Guarantee ...........................,..........,.................,..,.,...........,..,.....,..24
6.20 Indemnification........................................................,.................... ...........,........................"........,........,..24
6.21 Delegation of Professional Design Services,..............,............................."...,..................................,.... 25
ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................................ 25
7.01 Related Work at Site............,..,....,.,......,...,.......,............,...,......,.................................,.,.............,.......... 25
7.02 Coordination ...................,.....,..,........ ........" .................,.................................,...,......,..........,................., 26
7.03 Legal Relationships..............,..,............,....,., ............... ................,....,.......,......,.....,................................ 26
ARTICLE 8 - OWNER'S RESPONSiBILITIES..........."........................,..............................,....................................26
8.01 Communications to Contractor..........,.. ...... ................................................................ ..... ...... .............,..26
8.02 Replacement of Engineer. ........ ......... ... ....... ............... ...... ....,..... .... ............... ....,............,.. ........ ...... ......26
8,03 Furnish Data.......,.........................,.........."..................... ...............,........................,...............................26
8.04 Pay When Due.............,..,....................,.....................,.........,...........................,.....,......,......,................. 26
8,05 Lands and Easements; Reports and Tests............................................................................................ 26
8.06 Insurance.,............................................ ............................,...........................................................,........ 26
8,07 Change Orders................................. ........,................ ........ ............,............,......... ......................,...........26
8.08 Inspections, Tests, and Approvals... ......... ................ .................................................. ...........,...............26
8.09 Limitations on Owner's Responsibilities ................................................................................................ 27
8.10 Undisclosed Hazardous Environmental Condition....................................,........,.........,.........,...............27
8,11 Evidence of Financial Arrangements ..................................................................................................... 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ......................................................................... 27
9.01 Owner's Representative................ ........ .................. ...........,......................,.............,........,...,..... ............27
9.02 Visits to Site .............................................,............... ......,................,.......,.,........ ................ ..........,... ......27
9.03 Project Representative............... .............,.... ............... .................................................,.................. .......27
9.04 Authorized Variations in Work... ........... ................,......................,...................,.,........ ........ ....... ............,27
9.05 Rejecting Defective Work.................. .......... ............... ............... .......... .................. .................. ........ .......27
9.06 Shop Drawings, Change Orders and Payments.................................................................................... 28
9,07 Determinations for Unit Price Work........................................................................................................ 28
9,08 Decisions on Requirements of Contract Documents and Acceptability of Work................................... 28
9.09 Limitations on Engineer's Authority and Responsibilities ...................................................................... 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ............................................................................................... 28
10.01 Authorized Changes in the Work ........................................................................................................... 28
10.02 Unauthorized Changes in the Work....................................................................................................... 29
10.03 Execution of Change Orders......... ........ ..................... ........ .............................,.. ....................... ............,29
10.04 Notification to Surety................ .......... ............ .................... ............................. .................... ...... .............29
10.05 Claims ... ..... ...................... ........ ................... ........... ........ .............. ............. ..... ..................... ................... 29
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ....................................................... 30
11.01 Cost of the Work..............................................................,..........................,.................,.....,..,..... .......... 30
11.02 Allowances..................................,....... .......... .....,.........., .............,...............,... ......"............,..............,...31
11.03 Unit Price Work...,.......................,...,......, ..............................,.....,.................,.............,......,...,............... 31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..........................................32
12,01 Change of Contract Price......,..... .................,.................. ...........................,....... .................................... 32
12.02 Change of Contract Times....... ........... ............... ................ .......................,..............,...........,........,........ 33
12.03 Delays ................ ................................. ......... .......,...................... ..................... .................., .................... 33
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
...,........,................,.............................................................................,.....................................................................33
13.01 Notice of Defects.. ...........,...........,....... ... .... ... .......... ... ..... .......,.. .......... ......,.................. ....... ............ .... ...33
13.02 Access to Work...,.................................,......... .......,.... ........................ ......,..... ................................ .......33
13.03 Tests and Inspections...........,..................,...... .........,..,.. ...................... .................., ...............................33
13.04 Uncovering Work............................................,..............,..................................,......,.................... .......... 34
13,05 Owner May Stop the Work...................,.........,...............,.........................,.,.........................,................. 34
13,06 Correction or Removal of Defective Work ....,..,...............".........,..............,..,.............................,.........' 34
13.07 Correction Period.............. ................ .....,...........,............................,......,...................,........................... 34
13.08 Acceptance of Defective Work............,..,...,.....,.,....,........,..............,..........,.......,.................,............,....35
13.09 Owner May Correct Defective Work .........,.........................,.....,........,....,................,..,.,.....,.........,........35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.................................................................... 36
EJCDC C-700 Standard Gcncral Conditions of thc Construction Contract.
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14,01 Schedule of Values,.......................,........,....".. ....,..,....... ..................,...."......,..... ...,.... .....,...., ...............36
14,02 Progress Payments................................ .......,.. .............. .......,.................,.........................,...... ........,..... 36
14.03 Contractor's Warranty of Title.,...,. ...........,....,..............,..........,........,..,.,.,......,.,.,... ....... ..... .....,.......,......37
14.04 Substantial Completion ...........,...................... .......................,.............,. .................. .....,....,..,..,..............37
14.05 Partial Utilization...................,......................."...,................................,..........,... .....,.. .......,..,.................38
14.06 Final Inspection, ........,. .......... .....,..,...... ....... ...........,............ ....... ... ..........., ... ........... ... ... ......., ... .... ..........38
14.07 Final Payment...........,............................,.... ........................ ........,......... ......................., ..... .................... 38
14.08 Final Completion Delayed.,............,..,.,..... .......................,..........,......................,........., ..... ....., ..............39
14.09 Waiver of Claims......................... ................ .......,.. ...... .....,..........,.......,.... .................. ......,....." ..............39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................................. 39
15.01 Owner May Suspend Work...................................................................,....,....,.,............,......,........,....... 39
15.02 Owner May Terminate for Cause............. ........."........................,.........,.........,........,.,...,...,..... .......,......39
15.03 Owner May Terminate For Convenience...............................................................................................40
15.04 Contractor May Stop Work or Terminate ............................................................................................... 40
ARTICLE 16 - 01 SPUTE RESOLUTION...,..............,................................................,..,. .............,.,................,......... 41
16.01 Methods and Procedures......,......... .....................,....................,..........................................................., 41
ARTICLE 17 - MISCELLANEOUS ............'........,.................................................................................,....,.............. 41
17.01 Giving Notice. ..... ....................... ......... ......... .... .... ......... ...... ... ............ .... ,... ........ .... ... ..... ........., .... ........,.,41
17.02 Computation of Times.......,............ .....,............................... .................................,........ ......... ...............,41
17.03 Cumulative Remedies...... ...., ......... ........ ...., ......., ... .... ......... .......... .... .... .... ...............,.. ....... ....., ... .... ... ....41
17.04 Survival of Obligations........,.. ............... ........... ...... ..................................................,.... ..... ...................,41
17.05 Controlling Law................... ............. ....... ...... ................................ ............................ .................. ...........41
17.06 Headings..........,.............,......................., ........, .......................,...........,.................................... ............,.41
E.JCDC C-700 Standard Gcncral Conditions of thc Construction Contract.
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding
Requirements or Contract Documents and printed
with initial capital letters, the terms listed below will
have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to
terms specifically defined, terms with initial capital
letters in the Contract Documents include references
to identified articles and paragraphs, and the titles of
other documents or forms.
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the
proposed Contract Documents.
2. Agreement--The written instrument which
is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment--The form
acceptable to Engineer which is to be used by
Contractor during the course of the Work in
requesting progress or final payments and which is
to be accompanied by such supporting
documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains
more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States
Occupational Safety and Health Administration,
5. Bid--The offer or proposal of a Bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder--The individual or entity who
submits a Bid directly to Owner.
7. Bidding Documents--The
Requirements and the proposed
Documents (including all Addenda).
Bidding
Contract
8. Bidding Requirements-- The
Advertisement or Invitation to Bid, Instructions to
Bidders, bid security of acceptable form, if any, and
the Bid Form with any supplements.
Contractor and Owner and authorizes an addition,
deletion, or revision in the Work or an adjustment in
the Contract Price or the Contract Times, issued on
or after the Effective Date of the Agreement.
10. Claim--A demand or assertion by Owner
or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with
respect to the terms of the Contract. A demand for
money or services by a third party is not a Claim.
11. Contract--The entire and integrated
written agreement between the Owner and
Contractor concerning the Work, The Contract
supersedes prior negotiations, representations, or
agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are
Contract Documents. Approved Shop Drawings,
other Contractor's submittals, and the reports and
drawings of subsurface and physical conditions are
not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated
in the Agreement (subject to the provisions of
Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times--The number of days or
the dates stated in the Agreement to: (i) achieve
Milestones, if any, (ii) achieve Substantial
Completion; and (iii) complete the Work so that it is
ready for final payment as evidenced by Engineer's
written recommendation of final payment.
15. Contractor-- The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph
11.01.A for definition.
17, Drawings-- That part of the Contract
Documents prepared or approved by Engineer
which graphically shows the scope, extent, and
character of the Work to be performed by
Contractor. Shop Drawings and other Contractor
submittals are not Drawings as so defined.
18. Effective Date of the Agreement--The
date indicated in the Agreement on which it
becomes effective, but if no such date is indicated, it
means the date on which the Agreement is signed
and delivered by the last of the two parties to sign
and deliver.
9, Change Order--A document
recommended by Engineer which is signed by
EJCDC C-700 Standard General Conditions of the Construction Contract.
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19, Engineer--The individual or entity named
as such in the Agreement.
20, Field Order--A written order issued by
Engineer which requires minor changes in the Work
but which does not involve a change in the Contract
Price or the Contract Times,
21. General Requirements--Sections of
Division 1 of the Specifications. The General
Requirements pertain to all sections of the Specifica-
tions,
22. Hazardous Environmental Condition--
The presence at the Site of Asbestos, PCBs, Petro-
leum, Hazardous Waste, or Radioactive Material in
such quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work,
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC
Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulat-
ions--Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all govern-
mental bodies, agencies, authorities, and courts
having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--A principal event specified in
the Contract Documents relating to an intermediate
completion date or time prior to Substantial Comple-
tion of all the Work.
27. Notice of Award--The written notice by
Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the
conditions precedent listed therein, Owner will sign
and deliver the Agreement.
28. 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.
29, Owner--The individual or entity with
whom Contractor has entered into the Agreement
and for whom the Work is to be performed,
30. PCBs--Polychlorinated biphenyls.
31. Petroleum--Petroleum, including crude
oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees
Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge,
oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Waste and crude oils,
32. Progress Schedule--A schedule,
prepared and maintained by Contractor, describing
the sequence and duration of the activities
comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project-- The total construction of which
the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manua/--The bound
documentary information prepared for bidding and
constructing the Work. A listing of the contents of the
Project Manual, which may be bound in one or more
volumes, is contained in the table(s) of contents.
35. Radioactive Materia/--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.
36. Related Entity -- An officer, director,
partner, employee, agent, consultant, or
subcontractor.
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. Schedule of Submittals--A schedule,
prepared and maintained by Contractor, of required
submittals and the time requirements to support
scheduled performance of related construction
activities.
40. Schedule of Values--A schedule,
prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of
the Work and used as the basis for reviewing
Contractor's Applications for Payment.
41. Shop Drawings--AII drawings, diagrams,
illustrations, schedules, and other data or
information which are specifically prepared or
E./CDC C-700 Standard General Conditions of the Construction Contract.
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assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
42, Site--Lands or areas indicated in the
Contract Documents as being furnished by Owner
upon which the Work is to be performed, including
rights-of-way and easements for access thereto, and
such other lands furnished by Owner which are
designated for the use of Contractor.
43. Specifications--That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
administrative requirements and procedural matters
applicable thereto.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of
the Work at the Site.
45. 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 com-
pleted" as applied to all or part of the Work refer to
Substantial Completion thereof.
46. Successful Bidder-- The Bidder
submitting a responsive Bid to whom Owner makes
an award.
47. Supplementary Conditions--That part of
the Contract Documents which amends or
supplements these General Conditions.
48. Supplier--A manufacturer, fabricator,
supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcon-
tractor to furnish materials or equipment to be
incorporated in the Work by Contractor or any
Subcontractor.
49. Underground Facilities--AII underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity,
gases, steam, liquid petroleum products, telephone
or other communications, cable television, water,
wastewater, storm water, other liquids or chemicals,
or traffic or other control systems.
50. Unit Price Work--Work to be paid for on
the basis of unit prices.
51. Work--The entire construction or the
various separately identifiable parts thereof required
to be provided under the Contract Documents. Work
includes and is the result of performing or providing
all labor, services, and documentation necessary to
produce such construction, and furnishing, installing,
and incorporating all materials and equipment into
such construction, all as required by the Contract
Documents.
52. Work Change Directive--A written
statement to Contractor issued on or after the
Effective Date of the Agreement and signed by
Owner and recommended by Engineer ordering an
addition, deletion, or revision in the Work, or
responding to differing or unforeseen subsurface or
physical conditions under which the Work is to be
performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties
expect that the change ordered or documented by a
Work Change Directive will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on
the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not
defined but, when used in the Bidding Requirements
or Contract Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the
terms "as allowed," "as approved," "as ordered", "as
directed" or terms of like effect or import to authorize
an exercise of professional judgment by Engineer. In
addition, the adjectives "reasonable," "suitable,"
"acceptable," "proper," "satisfactory," or adjectives of
like effect or import are used to describe an action or
determination of Engineer as to the Work. It is
intended that such exercise of professional
judgment, action or determination will be solely to
evaluate, in general, the Work for compliance with
the requirements of and information in the Contract
Documents and conformance with the design
concept of the completed Project as a functioning
whole as shown or indicated in the Contract
Documents (unless there is a specific statement
indicating otherwise). The use of any such term or
adjective is not intended to and 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
EJCOC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCOC. All rights reserved.
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contrary to the provisions of Paragraph 9,09 or any
other provision of the Contract Documents.
C,Day
1. The word "day" means a calendar
day of 24 hours measured from midnight to the next
midnight.
D. Defective
1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
a. does not conform to the Contract
Documents, or
b. does not meet the requirements of any
applicable inspection, reference standard,
test, or approval referred to in the Contract
Documents, or
c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has
been assumed by Owner at Substantial
Completion in accordance with Paragraph
14,04 or 14.05).
E. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connec-
tion 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 connec-
tion 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
"provide" is not used in connection with services,
materials, or equipment in a context clearly requiring
an obligation of Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract
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 and Evidence of
Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor
shall also deliver to Owner such bonds as
Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work
at the Site is started, Contractor and Owner shall
each deliver to the other, with copies to each
additional insured identified in the Supplementary
Conditions, certificates of insurance (and other
evidence of insurance which either 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.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to
ten printed or hard copies of the Drawings and
Project Manual. Additional copies will be furnished
upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice
to Proceed
A. The Contract Times will commence to run
on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the
day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 30 days
after the Effective Date of the Agreement. In no
event will the Contract Times commence to run later
than the sixtieth day after the day of Bid opening or
the thirtieth day after the Effective Date of the
Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work
on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the
date on which the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days
after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements),
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Contractor shall submit to Engineer for timely
review:
1. a preliminary Progress Schedule; indicat-
ing the times (numbers of days or dates) for starting
and completing the various stages of the Work,
including any Milestones specified in the Contract
Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of
the Work which includes quantities and prices of
items which when added together equal the Contract
Price and subdivides the Work into component parts
in sufficient detail to serve as the basis for progress
payments during performance of the Work. Such
prices will include an appropriate amount of
overhead and profit applicable to each item of Work,
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor,
Engineer, and others as appropriate will be held to
establish a working understanding among the
parties as to the Work and to discuss the schedules
referred to in Paragraph 2.05.A, procedures for
handling Shop Drawings and other submittals,
processing Applications for Payment, and
maintaining required records,
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the
first Application for Payment a conference attended
by Contractor, Engineer, and others as appropriate
will be held to review for acceptability to Engineer as
provided below the schedules submitted in
accordance with Paragraph 2.05.A. Contractor shall
have an additional 10 days to make corrections and
adjustments and to complete and resubmit the
schedules. No progress payment shall be made to
Contractor until acceptable schedules are submitted
to Engineer.
1. The Progress Schedule will be acceptable
to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times.
Such acceptance will not impose on Engineer
responsibility for the Progress Schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve Contractor from Contractor's
full responsibility therefor.
2. Contractor's Schedule of Submittals will
be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the
required submittals.
3. Contractor's Schedule of Values will be
acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract
Price to component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are comple-
mentary; what is required by one is as binding as if
required 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 Documents
or from prevailing custom or trade usage as being
required to produce the intended result will be
provided whether or not specifically called for at no
additional cost to Owner.
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
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 Regulations
in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated
in the Contract Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or
any of their subcontractors, consultants, agents, or
employees from those set forth in the Contract
Documents. No such provision or instruction shall be
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effective to assign to Owner, or Engineer, or any of,
their Related Entities, any duty or authority to
supervise or direct the performance of the Work or
any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract
Documents.
3,03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1, Contractor's Review of Contract
Documents Before Starting Work: Before
undertaking each part of the Work, Contractor shall
carefully study and compare the Contract
Documents and check and verify pertinent figures
therein and all applicable field measurements.
Contractor shall promptly report in writing to
Engineer any conflict, error, ambiguity, or
discrepancy which Contractor may discover and
shall obtain a written interpretation or clarification
from Engineer before proceeding with any Work
affected thereby.
2, Contractor's Review of Contract
Documents During Performance of Work: If, during
the performance of the Work, Contractor discovers
any conflict, error, ambiguity, or discrepancy within
the Contract Documents or between the Contract
Documents and any provision of any Law or
Regulation applicable to the performance of the
Work or of any standard, specification, manual or
code, or of any instruction of any Supplier,
Contractor shall promptly report it to Engineer in
writing. Contractor shall not proceed with the Work
affected thereby (except in an emergency as
required by Paragraph 6.16.A) until an amendment
or supplement to the Contract Documents has been
issued by one of the methods indicated in Paragraph
3.04.
3. 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.
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 discrepan-
cy between the provisions of the Contract Docu-
ments and:
a. the provIsions of any standard,
specification, manual, code, or instruction
(whether or not specifically 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 provi-
sions of the Contract Documents would
result in violation of such Law or
Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be
amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and
conditions thereof by either a Change Order or a
Work Change Directive.
B. The requirements of the Contract
Documents may be supplemented, and minor
variations and deviations in the Work may be autho-
rized, by one or more of the following ways:
1. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3, 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 all of the Work under a direct or indirect
contract with Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications,
or other documents (or copies of any thereof)
prepared by or bearing the seal of Engineer or
Engineer's consultants, including electronic media
editions; or
2. reuse any of such Drawings,
Specifications, other documents, or copies thereof
on extensions of the Project or any other project
without written consent of Owner and Engineer and
specific written verification or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from
retaining copies of the Contract Documents for
record purposes.
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3.06 Electronic Data
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A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or
other types are furnished only for the convenience of
the receiving party. Any conclusion or information
obtained or derived from such electronic files will be
at the user's sole risk. If there is a discrepancy
between the electronic files and the hard copies, the
hard copies govern.
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B. Because data stored in electronic media
format can deteriorate or be modified inadvertently
or otherwise without authorization of the data's
creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall
be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day
acceptance period will be corrected by the
transferring party..
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C. When transferring documents in
electronic media format, the transferring party makes
no representations as to long term compatibility,
usability, or readability of documents resulting from
the use of software application packages, operating
systems, or computer hardware differing from those
used by the data's creator.
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ARTICLE 4 AVAILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVIRONMENTAL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
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4.01 Availability of Lands
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A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or
restrictions not of general application but specifically
related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in
a timely manner and pay for easements for
permanent structures or permanent changes in
existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, as a result of any
delay in Owner's furnishing the Site or a part thereof,
Contractor may make a Claim therefor as provided
in Paragraph 10.05.
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B, Upon reasonable written request, Owner
shall furnish Contractor with a current statement of
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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 Subswface 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
Documents; and
2. those drawings of physical conditions in
or relating to existing surface or subsurface struc-
tures at or contiguous to the Site (except
Underground Facilities) that Engineer has used in
preparing the Contract Documents.
B. Limited Reliance by Contractor on
Technical Data Authorized: Contractor may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such "technical data" is identified in the
Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely
upon or make any claim against Owner or Engineer,
or any of their Related Entities with respect to:
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 infor-
mation.
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4.03 Differing Subsurface or Physical Conditions
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A. Notice: If Contractor believes that any
subsurface 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
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2. is of such a nature as to require a change
in the Contract Documents; or
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3. differs materially from that shown or
indicated in the Contract Documents; or
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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;
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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.
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B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer
will promptly review the pertinent condition, deter-
mine 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.
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C. Possible Price and Times Adjustments
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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 follow-
ing:
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a. such condition must meet anyone or
more of the categories described in
Paragraph 4.03.A; and
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b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
Paragraphs 9.07 and 11.03.
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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 with respect to
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 Docu-
ments to be conducted by or for Contractor
prior to Contractor's making such final com-
mitment; or
c, Contractor failed to give the written notice
as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or
Contract Times, or both, a Claim may be made
therefor as provided in Paragraph 10.05. However,
Owner and Engineer, and any of their Related
Entities shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs)
sustained by Contractor on or in connection with any
other project or anticipated project.
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:
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a. reviewing and checking all such informa-
tion and data,
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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
Underground 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 or
Contract Times, or both, to the extent that they are
attributable to the existence or location of any
Underground Facility that was not shown or
indicated or not shown or indicated with reasonable
accuracy in the Contract Documents and that
Contractor did not know of and could not reasonably
have been expected to be aware of or to have
anticipated. If Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or
Contract Times, Owner or Contractor may make a
Claim therefor as provided in Paragraph 10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys
to establish reference points for construction which
in Engineer's judgment are necessary to enable
Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall
protect and preserve the established reference
points and property monuments, and shall make no
changes or relocations without the prior written
approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points
or property monuments by professionally qualified
personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is
made to the Supplementary Conditions for the
identification of those reports and drawings relating
to a Hazardous Environmental Condition identified at
the Site, if any, that have been utilized by the
Engineer in the preparation of the Contract
Documents.
B. Limited Reliance by Contractor on
Technical Data Authorized: Contractor may rely
upon the general accuracy of the "technical data"
contained in such reports and drawings, but such
reports and drawings are not Contract Documents.
Such "technical data" is identified in the
Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely
upon or make any claim against Owner or Engineer,
or any of their Related Entities 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
Contractor is responsible.
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D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone
for whom Contractor is responsible creates a
Hazardous Environmental Condition, Contractor
shall immediately: (i) secure or otherwise isolate
such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby
(except in an emergency as required by Paragraph
6,16.A); and (iii) notify Owner and Engineer (and
promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer
concerning the necessity for Owner to retain a
qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to
resume Work in connection with such condition or in
any affected area until after Owner has obtained any
required permits related thereto and delivered to
Contractor written notice: (i) specifying that such
condition and any affected area is or has been
rendered safe for the resumption of Work; or (ii)
specifying any special conditions under which such
Work may be resumed safely. If Owner and
Contractor cannot agree as to entitlement to or on
the amount or extent, if any, of any adjustment in
Contract Price or Contract Times, or both, as a result
of such Work stoppage 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 accor-
dance with Article 7.
G. To the fullest extent permitted by Laws
and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer,
and the officers, directors, partners, employees,
agents, consultants, and subcontractors of each and
any of them from and against all claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental
Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the
Contract Documents to be included within the scope
of the Work, and (ii) was not created by Contractor
or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 4.06. G shall obligate
Owner to indemnify any individual or entity from and
against the 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 and Engineer, and the officers,
directors, partners, employees, agents, consultants,
and subcontractors of each and any of them from
and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
a Hazardous Environmental Condition created by
Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or
entity from and against the consequences of that
individual's or entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03,
and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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 perfor-
mance and payment of all of Contractor's obligations
under the Contract Documents. These bonds shall
remain in effect until one year after the date when
final payment becomes due or until completion of
the correction period specified in Paragraph 13.07,
whichever is later, except as provided otherwise by
Laws or Regulations or by the Contract Documents,
Contractor shall also furnish such other bonds as
are required by the Contract Documents.
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 pub-
lished in Circular 570 (amended) by the Financial
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Management Service, Surety Bond Branch, U.S.
Department of the Treasury, All bonds signed by an
agent must be accompanied by a certified copy of
the agent's authority to act.
C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in
any state where any part of the Project is located or
it ceases to meet the requirements of Paragraph
5.01.B, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event
giving rise to such notification, provide another bond
and surety, both of which shall comply with the
requirements of Paragraphs 5.01.B and 5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and main-
tained by Owner or Contractor shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue bonds or insurance
policies for the limits and coverages so required.
Such surety and insurance companies shall also
meet such additional requirements and qualifications
as may be provided in the Supplementary
Conditions,
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with
copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
Owner or any other additional insured) which
Contractor is required to purchase and maintain.
B, Owner shall deliver to Contractor, with
copies to each additional insured identified in the
Supplementary Conditions, certificates of insurance
(and other evidence of insurance requested by
Contractor or any other additional insured) which
Owner is required to purchase and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain
such liability and other insurance as is appropriate
for the Work being performed and as will provide
protection from claims set forth below which may
arise out of or result from Contractor's performance
of the Work and Contractor's other obligations under
the Contract Documents, whether it is to be per-
formed 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;
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
reasonably available personal
coverage which are sustained:
insured by
injury liability
a. by any person as a result of an offense
directly or indirectly related to the employ-
ment of such person by Contractor, or
b. 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 required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive,
include as additional insured (subject to any
customary exclusion regarding professional liability)
Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions,
all of whom shall be listed as additional insureds,
and include coverage for the respective officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of all such addi-
tional 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;
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3, include completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
5. contain a provision or endorsement that
the coverage afforded will not be canceled, materi-
ally changed or renewal refused until at least 30
days prior written notice has been given to Owner
and Contractor and to each other additional insured
identified in the Supplementary Conditions to whom
a certificate of insurance has been issued (and the
certificates of insurance furnished by the Contractor
pursuant to Paragraph 5,03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations
insurance, and any insurance coverage written on a
claims-made basis, remain in effect for at least two
years after final payment.
a. Contractor shall furnish Owner and each
other additional insured identified in the
Supplementary 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 Docu-
ments,
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and
maintain property insurance upon the Work at the
Site in the amount of the full replacement cost
thereof (subject to such deductible amounts as may
be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance
shall:
1, include the interests of Owner,
Contractor, Subcontractors, and Engineer, and any
other individuals or entities identified in the
Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them, each of
whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that
shall at least include insurance for physical loss or
damage to the Work, temporary buildings, false
work, and materials 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 dam-
age, (other than caused by flood) and such other
perils or causes of loss as may be specifically
required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but
not limited to fees and charges of engineers and
architects) ;
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 certificate 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, and Engineer, and any other
individuals or entities identified in the Supplementary
Conditions, and the officers, directors, partners,
employees, agents, consultants and subcontractors
of each and any of them, each of whom is deemed
to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the
certificates or other evidence thereof) required to be
purchased and maintained in accordance with
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Paragraph 5.06 will contain a provIsion or
endorsement that the coverage afforded will not be
canceled or materially changed or renewal refused
until at least 30 days prior written notice has been
given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance
has been issued and will contain waiver provisions
in accordance with Paragraph 5.07.
D. Owner shall not be responsible for
purchasing and maintaining any property insurance
specified in this Paragraph 5,06 to protect the
interests of Contractor, Subcontractors, or others in
the Work to the extent of any deductible amounts
that are identified in the Supplementary Conditions.
The risk of loss within such identified deductible
amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them
wishes property insurance coverage within the limits
of such amounts, each may purchase and maintain
it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property
insurance policies provided under Paragraph 5.06,
Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by
appropriate Change Order. Prior to commencement
of the Work at the Site, Owner shall in writing advise
Contractor whether or not such other insurance has
been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all
policies purchased in accordance with Paragraph
5.06 will protect Owner, Contractor, Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them) in such policies and will provide primary
coverage for all losses and damages caused by the
perils or causes of loss covered thereby. All such
policies shall contain provisions to the effect that in
the event of payment of any loss or damage the
insurers will have no rights of recovery against any
of the insureds or additional insureds thereunder.
Owner and Contractor waive all rights against each
other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all
losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss
covered by such policies and any other property
insurance applicable to the Work; and, in addition,
waive all such rights against Subcontractors, and
Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be
listed as insured or additional insured (and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them) under such policies for losses and damages
so caused. None of the above waivers shall extend
to the rights that any party making such waiver may
have to the proceeds of insurance held by Owner as
trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them for:
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 perils whether or not insured by
Owner; and
2. loss or damage to the completed Project
or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss
covered by any property insurance maintained on
the completed Project or part thereof by Owner
during partial utilization pursuant to Paragraph
14.05, after Substantial Completion pursuant to
Paragraph 14.04, or after final payment pursuant to
Paragraph 14.07.
C. Any insurance policy maintained by
Owner covering any loss, damage or consequential
loss referred to in Paragraph 5.07.B shall contain
provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the
insurers will have no rights of recovery against
Contractor, Subcontractors, or Engineer, and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them.
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 agreement as the parties in
interest may reach. If no other special agreement is
reached, the damaged Work shall be repaired or re-
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placed, the moneys so received applied on account
thereof, and the Work and the cost thereof covered
by an appropriate Change Order.
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 provi-
sions 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
2.01.B. Owner and Contractor shall each provide to
the other such additional information in respect of
insurance provided as the other may reasonably
request. If either party does not purchase or
maintain all of the bonds and insurance required of
such party by the Contract Documents, such party
shall notify the other party in writing of such failure to
purchase prior to the start of the Work, or of such
failure to maintain prior to any change in the
required coverage. Without prejudice to any other
right or remedy, the other party may elect to obtain
equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price
accordingly,
5.10 Partial Utilization, Acknowledgment of
Property Insurer
A. If Owner finds it necessary to occupy or
use a portion or portions of the Work prior to Sub-
stantial Completion of all the Work as provided in
Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the
property insurance pursuant to Paragraph 5,06 have
acknowledged notice thereof and in writing effected
any changes in coverage necessitated thereby. The
insurers providing the property insurance shall
consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
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. Contractor shall not be responsible for
the negligence of Owner or Engineer in the design
or specification of a specific means, method, tech-
nique, sequence, or procedure of construction which
is shown or indicated in and expressly required by
the Contract Documents.
B. At all times during the progress of the
Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without
written notice to Owner and Engineer except under
extraordinary circumstances. The superintendent will
be Contractor's representative at the Site and shall
have authority to act on behalf of Contractor. All
communications given to or received from the
superintendent shall be binding on Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent,
suitably qualified personnel to survey and layout the
Work and perform construction as required by the
Contract Documents. Contractor 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. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any
legal holiday without Owner's written consent (which
will not be unreasonably withheld) given after prior
written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the
Contract Documents, Contractor shall provide and
assume full responsibility for all services, materials,
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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 special warranties and guarantees required by
the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall
furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of
materials and equipment.
C. All materials and equipment shall be
stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in
accordance with instructions of the applicable
Supplier, except as otherwise may be provided in
the Contract Documents.
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. Such adjustments will comply with any provi-
sions of the General Requirements applicable there-
to,
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall
be submitted in accordance with the requirements of
Article 12. Adjustments in Contract Times may only
be made by a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equip-
ment is specified or described in the Contract Docu-
ments 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, func-
tion, appearance, and quality required. Unless the
specification or description contains or is followed by
words reading that no like, equivalent, or "or-equal"
item or no substitution is permitted, other items of
material or equipment or material or equipment of
other Suppliers may be submitted to Engineer for
review under the circumstances described below.
1. "Or-Equal" /terns: 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:
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least
equally well the function and achieve the
results imposed by the design concept of the
completed Project as a functioning whole,
3) it has a proven record of
performance and availability of responsive
service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost
to the Owner or increase in Contract Times,
and
2) it will conform substantially to the
detailed requirements of the item named in
the Contract Documents.
2. Substitute Items
a. If in Engineer's sole discretion an item of
material or equipment proposed by
Contractor does not qualify as an "or-equal"
item under Paragraph 6.05.A.1, it will be
considered a proposed substitute item.
b. Contractor shall submit sufficient informa-
tion as provided below to allow Engineer to
determine that the item of material or
equipment proposed is essentially equiva-
lent to that named and an acceptable
substitute therefor. Requests for review of
proposed substitute items of material or
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equipment will not be accepted by Engineer
from anyone other than Contractor.
c. The requirements for review by Engineer
will be as set forth in Paragraph 6.05.A.2.d,
as supplemented in the General
Requirements and as Engineer may decide
is appropriate under the circumstances.
d. Contractor shall make written application
to Engineer for review of a proposed
substitute item of material or equipment that
Contractor seeks to furnish or use, The
application:
1) shall certify that the proposed
substitute item will:
a) perform adequately the functions
and achieve the results called for by
the general design,
b) be similar in substance to that
specified, and
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any, to which the
use of the proposed substitute item
will prejudice Contractor's
achievement of Substantial Comple-
tion on time;
b) 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 other work
on the Project) to adapt the design
to the proposed substitute item; and
c) whether or not incorporation or
use of the proposed substitute item
in connection with the Work is sub-
ject to payment of any license fee or
royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified ,
and
b) available engineering,
maintenance, repair,
replacement services;
sales,
and
4) and shall contain an itemized
estimate of all costs or credits that will result
directly or indirectly from use of such
substitute item, including costs of redesign
and claims of other contractors affected by
any resulting change,
B. Substitute Construction Methods or
Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly
required by the Contract Documents, Contractor
may furnish or utilize a substitute means, method,
technique, sequence, or procedure of construction
approved by Engineer. Contractor shall submit
sufficient information to allow Engineer, in
Engineer's sole discretion, to determine that the
substitute proposed is equivalent to that expressly
called for by the Contract Documents. The
requirements for review by Engineer will be similar to
those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
Paragraphs 6.05.A and 6.05.B. Engineer may
require Contractor to furnish additional data about
the proposed substitute item. Engineer will be the
sole judge of acceptability. No "or equal" or
substitute will be ordered, installed or utilized until
Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute
or an approved Shop Drawing for an "or equal."
Engineer will advise Contractor in writing of any
negative determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a
special performance guarantee or other surety with
respect to any substitute.
E. Engineer's Cost Reimbursement:
Engineer will record Engineer's costs in evaluating a
substitute proposed or submitted by Contractor
pursuant to Paragraphs 6.05.A.2 and 6.05.B
Whether or not Engineer approves a substitute item
so proposed or submitted by Contractor, Contractor
shall reimburse Owner for the charges of Engineer
for evaluating each such proposed substitute.
Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the
Contract Documents (or in the provisions of any
other direct contract with Owner) resulting from the
acceptance of each proposed substitute.
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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 Subcon-
tractor, Supplier, or other individual or entity (includ-
ing those acceptable to Owner as indicated in
Paragraph 6.06.8), whether initially or as a
replacement, against whom Owner may have
reasonable objection, Contractor shall not be
required to employ any Subcontractor, Supplier, or
other individual or entity to furnish or perform any of
the Work against whom Contractor has reasonable
objection.
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B. If the Supplementary Conditions require
the identity of certain Subcontractors, Suppliers, or
other individuals or entities to be submitted to Owner
in advance for acceptance by Owner by a specified
date prior to the Effective Date of the Agreement,
and if Contractor has submitted a list thereof in
accordance with the Supplementary Conditions,
Owner's acceptance (either in writing or by failing to
make written objection thereto by the date indicated
for acceptance or objection in the Bidding
Documents or the Contract Documents) of any such
Subcontractor, Supplier, or other individual or entity
so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor
shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual
or entity, and the Contract Price will be adjusted by
the difference in the cost occasioned by such
replacement, and an appropriate Change Order will
be issued . No acceptance by Owner of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute
a waiver of any right of Owner or Engineer to reject
defective Work.
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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:
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1. 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
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2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to payor to see to the payment of any
moneys due any such Subcontractor, Supplier, or
other individual or entity except as may otherwise be
required by Laws and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcon-
tractors, 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 Subcontrac-
tors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to commu-
nicate with Engineer through Contractor.
F. The divisions and sections of the
Specifications and the identifications of any
Drawings shall not control Contractor in dividing the
Work among Subcontractors or Suppliers or
delineating the Work to be performed by any specific
trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the
Subcontractor or Supplier which specifically binds
the Subcontractor or Supplier to the applicable terms
and conditions of the Contract Documents for the
benefit of Owner and Engineer. Whenever any such
agreement is with a Subcontractor or Supplier who
is listed as an additional insured on the property
insurance provided in Paragraph 5.06, the
agreement between the Contractor and the
Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all
rights against Owner, Contractor, and Engineer"
and all other individuals or entities identified in the
Supplementary Conditions to be listed as insureds
or additional insureds (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) for all
losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or
causes of loss covered by such policies and any
other property insurance applicable to the Work. If
the insurers on any such policies require separate
waiver forms to be signed by any Subcontractor or
Supplier, Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in
the performance 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
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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.
B. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them from
and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
any infringement of patent rights or copyrights
incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any
invention, design, process, product, or device not
specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay
for all construction permits and licenses. Owner shall
assist Contractor, when necessary, in obtaining such
permits and licenses. Contractor shall pay all
governmental charges and inspection fees
necessary for the prosecution of the Work which are
applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement.
Owner shall pay all charges of utility owners for
connections for providing permanent service to the
Work,
6.09 Laws and Regulations
A. Contractor shall give all notices required
by and shall 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 shall be the subject of an
adjustment in Contract Price or Contract Times. If
Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of
any such adjustment, a Claim may be made therefor
as provided in Paragraph 10,05.
6.10 Taxes
A. Contractor shall pay all sales, consumer,
use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction
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 and Engineer, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them from
and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
any claim or action, legal or equitable, brought by
any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder
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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 conform to
applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion
of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At
the 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, Change Orders, Work
Change Directives, Field Orders, and written
interpretations and clarifications in good order and
annotated to show changes made during construc-
tion. 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, pave-
ments, roadways, structures, utilities, and Under-
ground Facilities not designated for removal, reloca-
tion, 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.
C, All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by
Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly em-
ployed 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 , or anyone employed by any of them,
or anyone for whose acts any of them may be liable,
and not attributable, directly or indirectly, in whole or
in part, to the fault or negligence of Contractor or
any Subcontractor, Supplier, or other individual or
entity directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities
for safety and for protection of the Work shall
continue until such time as all the Work is completed
and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.8
that the Work is acceptable (except as otherwise ex-
pressly provided in connection with Substantial
Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of
accidents and the maintaining and supervising of
safety precautions and programs.
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6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordi-
nating any exchange of material safety data sheets
or other hazard communication information required
to be made available to or exchanged between or
among employers at the Site in accordance with
Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or
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
and Samples to Engineer for review and approval in
accordance with the acceptable Schedule of
Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings
a. Submit number of copies specified in the
General Requirements.
b. 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 6.17.0,
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in
accordance with the acceptable schedule of Shop
Drawings and Sample submittals.
a. Submit number of Samples specified in
the Specifications.
b. Clearly identify each Sample as to
material, Supplier, pertinent data such as
catalog numbers, the use for which intended
and other data as Engineer may require to
enable Engineer to review the submittal for
the limited purposes required by Paragraph
6.17.0.
B. Where a Shop Drawing or Sample is re-
quired by the Contract Documents or the Schedule
of Submittals , any related Work performed prior to
Engineer's review and approval of the pertinent
submittal will be at the sole expense and
responsibility of Contractor.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and veri-
fied:
a. all field measurements, quantities, dimen-
sions, specified performance and design
criteria, installation requirements, materials,
catalog numbers, and similar information
with respect thereto;
b. the suitability of all materials with respect
to intended use, fabrication, shipping, han-
dling, storage, assembly, and installation
pertaining to the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, tech-
niques, sequences, and procedures of
construction, and safety precautions and
programs incident thereto; and
d, shall also have reviewed and coordinated
each Shop Drawing or Sample with other
Shop Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or
specific written certification that Contractor has satis-
fied Contractor's obligations under the Contract
Documents with respect to Contractor's review and
approval of that submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations,
that the Shop Drawing or Sample may have from the
requirements of the Contract Documents. This notice
shall be both a written communication separate from
the Shop Drawing's or Sample Submittal; and, in
addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review
and approval of each such variation.
D. Engineer's Review
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1. Engineer will provide timely review of
Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer.
Engineer's review and approval will be only to deter-
mine 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 ex-
pressly called for by the Contract Documents) or to
safety precautions or programs incident thereto. The
review and approval of a separate item as such will
not indicate approval of the assembly in which the
item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any
variation from the requirements of the Contract
Documents unless Contractor has complied with the
requirements of Paragraph 6.17. C.3 and Engineer
has given written approval of each such variation by
specific written notation thereof incorporated in or
accompanying the Shop Drawing or Sample.
Engineer's review and approval shall not relieve
Contractor from responsibility for complying with the
requirements of Paragraph 6.17. C.1.
E. Resubmiltal 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. Contractor shall direct specific attention in
writing to revisions other than the corrections called
for by Engineer on previous submittals,
6,18 Continuing the Work
A. Contractor shall carryon the Work and
adhere to the Progress Schedule during all disputes
or disagreements with Owner. No Work shall be
delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by
Paragraph 15.04 or as Owner and Contractor may
otherwise agree in writing.
6.19 Contractor's General Warranty and Guaran-
tee
A. Contractor warrants and guarantees to
Owner that all Work will be in accordance with the
Contract Documents and will not be defective.
Engineer and its Related Entities shall be entitled to
rely on representation of Contractor's warranty and
guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper main-
tenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other
individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal
usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following
will constitute an acceptance of Work that is not in
accordance with the Contract Documents or a
release of Contractor's obligation to perform the
Work in accordance with the Contract Documents:
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 review and approval of a Shop Draw-
ing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by
others; or
7. any correction of defective Work by
Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them from
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and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
the performance of the Work, provided that any such
claim, cost, loss, or damage is attributable to bodily
injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom
but only to the extent caused by any negligent act or
omission of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or
indirectly employed by any of them to perform any of
the Work or anyone for whose acts any of them may
be liable.
B. In any and all claims against Owner or
Engineer or any of their respective consultants,
agents, officers, directors, partners, or employees by
any 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's officers,
directors, partners, employees, agents, consultants
and subcontractors 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 damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services
are specifically required by the Contract Documents
for a portion of the Work or unless such services are
required to carry out Contractor's responsibilities for
construction means, methods, techniques,
sequences and procedures. Contractor shall not be
required to provide professional services in violation
of applicable law.
B. If professional design services or
certifications by a design professional related to
systems, materials or equipment are specifically
required of Contractor by the Contract Documents,
Owner and Engineer will specify all performance and
design criteria that such services must satisfy.
Contractor shall cause such services or certifications
to be provided by a properly licensed professional,
whose signature and seal shall appear on all
drawings, calculations, specifications, certifications,
Shop Drawings and other submittals prepared by
such professional. Shop Drawings and other
submittals related to the Work designed or certified
by such professional, if prepared by others, shall
bear such professional's written approval when
submitted to Engineer,
C. Owner and Engineer shall be entitled to
rely upon the adequacy, accuracy and completeness
of the services, certifications or approvals performed
by such design professionals, provided Owner and
Engineer have specified to Contractor all
performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21,
Engineer's review and approval of design
calculations and design drawings will be only for the
limited purpose of checking for conformance with
performance and design criteria given and the
design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design
calculations and design drawings) will be only for the
purpose stated in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01
Related Work at Site
A. Owner may perform other work related to
the Project at the Site with Owner's employees, or
via other direct contracts therefor, or have other
work performed by utility owners. If such other work
is not noted in the Contract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
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2. if Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or
Contract Times that should be allowed as a result of
such other work, a Claim may be made therefor as
provided in Paragraph 10.05.
B. Contractor shall afford each other
contractor who is a party to such a direct contract,
each utility owner and Owner, if Owner is performing
other work with Owner's employees, proper and safe
access to the Site, a reasonable opportunity for the
introduction and storage of materials and equipment
and the execution of such other work, and shall
properly coordinate the Work with theirs, Contractor
shall do all cutting, fitting, and patching of the Work
that may be required to properly connect or
otherwise make its several parts come together and
properly integrate with such other work. Contractor
shall not endanger any work of others by cutting,
excavating, or otherwise altering their work and will
only cut or alter their work with the written consent of
Engineer and the others whose work will be affect-
ed, 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 per-
formed by others under this Article 7, Contractor
shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficien-
cies in such other work that render it unavailable or
unsuitable for the proper execution and results of
Contractor's Work. Contractor's failure to so report
will constitute an acceptance of such other work as
fit and proper for integration with Contractor's Work
except for latent defects and deficiencies in such
other work.
7.02 Coordination
A. If Owner intends to contract with others
for the performance of other work on the Project at
the Site, the following will be set forth in
Supplementary Conditions:
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be
identified;
2, the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsi-
bilities will be provided,
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not
applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the
reasonable direct delay and disruption costs
incurred by Contractor as a result of the other
contractor's actions or inactions.
C. Contractor shall be liable to Owner and
any other contractor for the reasonable direct delay
and disruption costs incurred by such other
contractor as a result of Contractor's action or
inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these
General Conditions, Owner shall issue all communi-
cations to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment
of Engineer, Owner shall appoint an engineer to
whom Contractor makes no reasonable objection,
whose status under the Contract Documents shall
be that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to
Contractor when they are due as provided in
Paragraphs 14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing
lands and easements and providing engineering
surveys to establish reference points are set forth in
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Paragraphs 4,01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to
Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of
physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the Site
that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
A. Owner's responsibilities, if any, in respect
to purchasing and maintaining liability and property
insurance are set forth in Article 5.
8.07 Change Orders
A. Owner is obligated to execute Change
Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to
certain inspections, tests, and approvals is set forth
in Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or
have control or authority over, nor be responsible
for, Contractor's means, methods, techniques, se-
quences, or procedures of construction, or the safety
precautions and programs incident thereto, or for
any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the
Work. Owner will not be responsible for Contractor's
failure to perform the Work in accordance with the
Contract Documents.
8.10 Undisclosed 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 9.09.
Particularly, but without limitation, during or as a
result of Engineer's visits or observations of
Contractor's Work Engineer will not supervise,
direct, control, or have authority over or be
responsible for Contractor's means, methods,
techniques, sequences, or procedures of construc-
tion, or the safety precautions and programs incident
thereto, or for any failure of Contractor to comply
with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer
will furnish a Resident Project Representative to
assist Engineer in providing more extensive
observation of the Work. The authority and
responsibilities of any such Resident Project
Representative and assistants will be as provided in
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the Supplementary Conditions, and limitations on
the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or em-
ployee, the responsibilities and authority and
limitations thereon of such other individual or entity
will be as provided in the Supplementary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations
in the Work from the requirements of the Contract
Documents which do not involve an adjustment in
the Contract Price or the Contract Times and are
compatible with the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. These may be accomplished
by a Field Order and will be binding on Owner and
also on Contractor, who shall perform the Work in-
volved promptly. If Owner or Contractor believes that
a Field Order justifies an adjustment in the Contract
Price or Contract Times, or both, and the parties are
unable to agree on entitlement to or on the amount
or extent, if any, of any such adjustment, a Claim
may be made therefor as provided in Paragraph
10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject
Work which Engineer believes to be defective, or
that Engineer believes will not produce a completed
Project that conforms to the Contract Documents or
that will prejudice the integrity of the design concept
of the completed Project as a functioning whole as
indicated by the Contract Documents. Engineer will
also have authority to require special inspection or
testing of the Work as provided in Paragraph 13.04,
whether or not the Work is fabricated, installed, or
completed.
9.06 Shop Drawings, Change Orders and
Payments
A. In connection with Engineer's authority,
and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority,
and limitations thereof, as to design calculations and
design drawings submitted in response to a
delegation of professional design services, if any,
see Paragraph 6.21.
C. In connection with Engineer's authority as
to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as
to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quanti-
ties and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor
the Engineer's preliminary determinations on such
matters before rendering a written decision thereon
(by recommendation of an Application for Payment
or otherwise). Engineer's written decision thereon
will be final and binding (except as modified by
Engineer to reflect changed factual conditions or
more accurate data) upon Owner and Contractor,
subject to the provisions of Paragraph 10.05.
9.08 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. All
matters in question and other matters between
Owner and Contractor arising prior to the date final
payment is due relating to the acceptability of the
Work, and the interpretation of the requirements of
the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving
rise to the question
B. Engineer will, with reasonable
promptness, render a written decision on the issue
referred, If Owner or Contractor believe that any
such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim
may be made under Paragraph 10.05. The date of
Engineer's decision shall be the date of the event
giving rise to the issues referenced for the purposes
of Paragraph 10.05.B.
C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph
10.05.
D. When functioning as interpreter and
judge under this Paragraph 9.08, Engineer will not
show partiality to Owner or Contractor and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or respon-
sibility under this Article 9 or under any other provi-
sion of the Contract Documents nor any decision
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made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the
undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by Engineer to Contractor, any
Subcontractor, any Supplier, any other individual or
entity, or to any surety for or employee or agent of
any of them.
B. Engineer will not supervise, direct,
control, or have authority over or be responsible for
Contractor's means, methods, techniques, se-
quences, 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 accor-
dance with the Contract Documents.
C. Engineer will not be responsible for the
acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other
individual or entity performing any of the Work.
D. Engineer's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions,
schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documen-
tation 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 9.09 shall
also apply to, the Resident Project Representative, if
any, and assistants, if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10,01 Authorized Changes in the Work
A Without invalidating the Contract and
without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or
revisions in the Work by a Change Order, or a Work
Change Directive, Upon receipt of any such
document, Contractor shall promptly proceed with
the Work involved which will be 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
AContractor shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any work performed
that is not required by the Contract Documents as
amended, modified, or supplemented as provided in
Paragraph 3.04, except in the case of an emergency
as provided in Paragraph 6.16 or in the case of
uncovering Work as provided in Paragraph 13.04. B.
10.03 Execution of Change Orders
A Owner and Contractor shall execute
appropriate Change Orders recommended by
Engineer covering:
1. changes in the Work which are: (i)
ordered by Owner pursuant to Paragraph 10.01.A,
(ii) required because of acceptance of defective
Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09,
or (Hi) agreed to by the parties;
2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work
actually performed in accordance 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
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will be adjusted to reflect the effect of any such
change,
10.05 Claims
A. Engineer's Oecision Required: All Claims,
except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A
decision by Engineer shall be required as a
condition precedent to any exercise by Owner or
Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by
Laws and Regulations in respect of such Claims,
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the
claimant to Engineer and the other party to the
Contract promptly (but in no event later than 30
days) after the start of the event giving rise thereto.
The responsibility to substantiate a Claim shall rest
with the party making the Claim. Notice of the
amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other
party to the Contract within 60 days after the start of
such event (unless Engineer allows additional time
for claimant to submit additional or more accurate
data in support of such Claim). A Claim for an
adjustment in Contract Price shall be prepared in
accordance with the provisions of Paragraph
12.01. B. A Claim for an adjustment in Contract Time
shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accom-
panied by claimant's written statement that the
adjustment claimed is the entire adjustment to which
the claimant believes it is entitled as a result of said
event. The opposing party shall submit any
response to Engineer and the claimant within 30
days after receipt of the claimant's last submittal
(unless Engineer allows additional time).
C. Engineer's Action: Engineer will review
each Claim and, within 30 days after receipt of the
last submittal of the claimant or the last submittal of
the opposing party, if any, take one of the following
actions in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is
unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer
to do so. For purposes of further resolution of the
Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take
action on a Claim within said 30 days, the Claim
shall be deemed denied.
E. Engineer's written action under
Paragraph 10.05,C or denial pursuant to Paragraphs
10.05.C.3 or 10.05.D will be final and binding upon
Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in
Article 16 within 30 days of such action or denial.
F. No Claim for an adjustment in Contract
Price or Contract Times will be valid if not submitted
in accordance with this Paragraph 10.05,
ARTICLE 11 COST OF THE WORK;
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, except those
excluded in Paragraph 11.01 ,B, necessarily incurred
and paid by Contractor in the proper performance of
the Work. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in
Contract Price is determined on the basis of Cost of
the Work, the costs to be reimbursed to Contractor
will be only those additional or incremental costs
required because of the change in the Work or
because of the event giving rise to the Claim. Except
as otherwise may be agreed to in writing by Owner,
such costs shall be in amounts no higher than those
prevailing in the locality of the Project, shall include
only the following items, and shall not include any of
the costs itemized in Paragraph 11.01.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon
by Owner and Contractor. Such employees shall
include, without limitation, superintendents, foremen,
and other personnel employed full time at the Site.
Payroll costs for employees not employed full time
on the Work shall be apportioned on the basis of
their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages
plus the cost of fringe benefits, which shall include
social security contributions, unemployment, excise,
and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto. The
expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal
holidays, shall be included in the above to the extent
authorized by Owner.
2. Cost of all materials and equipment fur-
nished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers'
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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.
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 laborato-
ries, surveyors, attorneys, and accountants) em-
ployed for services specifically related to the Work.
5. Supplemental costs including the
following:
a. The proportion of necessary trans-
portation, travel, and subsistence expenses
of Contractor's employees incurred in dis-
charge of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and tempo-
rary facilities 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 accor-
dance 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, machinery, 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
Contractor is liable, imposed by Laws and
Regulations,
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 performance of the Work (except losses
and damages within the deductible amounts
of property insurance established in
accordance with Paragraph 5.06.0),
provided such losses and damages have
resulted from causes other than the 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. 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, expresses, and similar petty
cash items in connection with the Work,
i. The costs of premiums for all bonds and
insurance Contractor is required by the
Contract Documents to purchase and
maintain.
B. Costs Excluded: The term Cost of the
Work shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general
managers, safety managers, engineers, architects,
estimators, attorneys, auditors, accountants,
purchasing and contracting agents, expediters,
timekeepers, clerks, and other personnel employed
by Contractor, whether at the Site or in Contractor's
principal or branch office for general administration
of the Work and not specifically included in the
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agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.1 or specifically covered by
Paragraph 11.01.A.4, all of which are to be
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 11.01.A and
11.01,B.
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement.
When the value of any Work covered by a Change
Order or when a Claim for an adjustment in Contract
Price is determined on the basis of Cost of the Work,
Contractor's fee shall be determined as set forth in
Paragraph 12.01.C.
D. Documentation: Whenever the Cost of
the Work for any purpose is to be determined
pursuant to Paragraphs 11.01.A and 11.01.B,
Contractor will establish and maintain records
thereof in accordance with generally accepted ac-
counting practices and submit in a form acceptable
to Engineer an itemized cost breakdown together
with supporting data.
11.02 Allowances
A. It is understood that Contractor has in-
cluded in the Contract Price all allowances so
named in the Contract Documents and shall cause
the Work so covered to be performed for such sums
and by such persons or entities as may be
acceptable to Owner and Engineer,
B. Cash Allowances
1, Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade
discounts) of materials and equipment
required by the allowances to be delivered
at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and
handling on the Site, labor, installation ,
overhead, profit, and other expenses
contemplated for the cash allowances have
been included in the Contract Price and not
in the allowances, and no demand for addi-
tional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to
cover unanticipated costs.
D. Prior to final payment, an appropriate
Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor
on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
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 Agreement.
B, The estimated quantities of items of Unit
Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual
quantities and classifications of Unit Price Work
performed by Contractor will be made by Engineer
subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include
an amount considered by Contractor to be adequate
to cover Contractor's overhead and profit for each
separately identified item.
D. Owner or Contractor may make a Claim
for an adjustment in the Contract Price in accor-
dance with Paragraph 10.05 if:
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
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2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is
entitled to an increase in Contract Price as a result
of having incurred additional expense or Owner
believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree
as to the amount of any such increase or decrease.
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. Any Claim for an adjustment in
the Contract Price shall be based on written notice
submitted by the party making the Claim to the
Engineer and the other party to the Contract in
accordance with the provisions of Paragraph 10.05.
B. The value of any Work covered by a
Change Order or of any Claim for an adjustment in
the Contract Price will be determined as follows:
1. where the Work involved is covered by
unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the
items involved (subject to the provisions of
Paragraph 11.03); or
2. where the Work involved is not covered
by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include
an allowance for overhead and profit not necessarily
in accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered
by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under
Paragraph 12.01.B.2, on the basis of the Cost of the
Work (determined as provided in Paragraph 11.01)
plus a Contractor's fee for overhead and profit
(determined as provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
1, a mutually acceptable fixed fee; or
2, if a fixed fee is not agreed upon, then a
fee based on the following percentages of the
various portions of the Cost of the Work:
a. for costs incurred under Paragraphs
11,01.A.1 and 11.01.A.2, the Contractor's
fee shall be 15 percent;
b. for costs incurred under Paragraph
11.01.A.3, the Contractor's fee shall be five
percent;
c. where one or more tiers of subcontracts
are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the
intent of Paragraph 12.01.C.2.a is that the
Subcontractor who actually performs the
Work, at whatever tier, will be paid a fee of
15 percent of the costs incurred by such
Subcontractor under Paragraphs 11.01.A.1
and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be
paid a fee of five percent of the amount paid
to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of
costs itemized under Paragraphs 11.01.A.4,
11.01.A.5, and 11.01.B;
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 anyone change, the adjustment in
Contractor's fee shall be computed on the
basis of the net change in accordance with
Paragraphs 12.01.C.2.a through
12.01.C.2.e, inclusive,
12.02 Change of Contract Times
A. The Contract Times may only be changed
by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice
submitted by the party making the Claim to the
Engineer and the other party to the Contract in
accordance with the provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined
in accordance with the provisions of this Article 12.
12.03 Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor,
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the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is
made therefor as provided in Paragraph 12.02.A.
Delays beyond the control of Contractor shall
include, but not be limited to, acts or neglect by
Owner, acts or neglect of utility owners or other
contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
B, If Owner, Engineer, or other contractors
or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom
Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then
Contractor shall be entitled to an equitable
adjustment in the Contract Price or the Contract
Times , or both. Contractor's entitlement to an
adjustment of the Contract Times is conditioned on
such adjustment being essential to Contractor's
ability to complete the Work within the Contract
Times,
C If Contractor is delayed in the
performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions, acts of God,
acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and
beyond control of Owner and Contractor, then
Contractor shall be entitled to an equitable
adjustment in Contract Times, if such adjustment is
essential to Contractor's ability to complete the Work
within the Contract Times. Such an adjustment shall
be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities
of each of them shall not be liable to Contractor for
any claims, costs, losses, or damages (including but
not limited to all fees and charges of Engineers,
architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs)
sustained by Contractor on or in connection with any
other project or anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for
delays within the control of Contractor. Delays
attributable to and within the control of a
Subcontractor or Supplier shall be deemed to be
delays within the control of Contractor.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of
which Owner or Engineer has actual knowledge will
be given to Contractor. All defective Work may be
rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and
other representatives and personnel of Owner,
independent testing laboratories, and governmental
agencies with jurisdictional interests will have access
to the Site and the Work at reasonable times for
their observation, inspecting, and testing. Contractor
shall provide them proper and safe conditions for
such access and advise them of Contractor's Site
safety procedures and programs so that they may
comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely
notice of readiness of the Work for all required
inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate
required inspections or tests.
B. Owner shall employ and pay for the
services of an independent testing laboratory to
perform all inspections, tests, or approvals required
by the Contract Documents except
1. for inspections, tests, or approvals
covered by Paragraphs 13.03.C and 13,03.D below;
2. that costs incurred in connection with
tests or inspections conducted pursuant to
Paragraph 13.04.B shall be paid as provided in said
Paragraph 13.04.C; and
3. as otherwise specifically provided in the
Contract 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 inspec-
tion or approval.
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D. Contractor shall be responsible for
arranging and obtaining and shall pay all costs in
connection with any inspections, tests, or approvals
required for Owner's and Engineer's acceptance of
materials or equipment to be incorporated in the
Work; or acceptance of materials, mix designs, or
equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall
be performed by organizations acceptable to Owner
and Engineer.
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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.
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F. Uncovering Work as provided in
Paragraph 13.03.E shall be at Contractor's expense
unless Contractor has given Engineer timely notice
of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness
in response to such notice.
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13.04 Uncovering Work
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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.
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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 neces-
sary labor, material, and equipment.
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C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to such uncovering, exposure, observation,
inspection, and testing, and of satisfactory
replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of
others); and Owner shall be entitled to an
appropriate decrease in the Contract Price. If the
parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
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D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, directly attributable to such
uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or
extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails
to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work
in such a way that the completed Work will conform
to the Contract Documents, Owner may order
Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated;
however, this right of Owner to stop the Work shall
not give rise to any duty on the part of Owner to
exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or
entity, or any surety for, or employee or agent of any
of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of notice,
Contractor shall correct all defective Work, whether
or not fabricated, installed, or completed, or, if the
Work has been rejected by Engineer, remove it from
the Project and replace it with Work that is not
defective. Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to such correction or removal (including but
not limited to all costs of repair or replacement of
work of others).
B. When correcting defective Work under
the terms of this Paragraph 13.06 or Paragraph
13.07, Contractor shall take no action that would
void or otherwise impair Owner's special warranty
and guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of
Substantial Completion (or such longer period of
time as may be prescribed by the terms of any
applicable special guarantee required by the
Contract Documents) or by any specific provision of
the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land
or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
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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:
1. repair such defective land or areas; or
2. correct such defective Work; or
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3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove
and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
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B, If Contractor does not promptly comply
with the terms of Owner's written instructions, or in
an emergency where delay would cause serious risk
of loss or damage, Owner may have the defective
Work corrected or repaired or may have the rejected
Work removed and replaced. All claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to such correction or repair or such removal
and replacement (including but not limited to all
costs of repair or replacement of work of others) will
be paid by Contractor.
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C. In special circumstances where a particu-
lar item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from
an earlier date if so provided in the Specifications.
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D. Where defective Work (and damage to
other Work resulting therefrom) has been corrected
or removed and replaced under this Paragraph
13.07, the correction period hereunder with respect
to such Work will be extended for an additional
period of one year after such correction or removal
and replacement has been satisfactorily completed.
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E. Contractor's obligations under this
Paragraph 13.07 are in addition to any other
obligation or warranty. The provisions of this
Paragraph 13.07 shall not be construed as a
substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
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13.08 Acceptance of Defective Work
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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
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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 recommen-
dation of final payment, a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease
in the Contract Price, reflecting the diminished value
of Work so accepted. If the parties are unable to
agree as to the amount thereof, Owner may make a
Claim therefor as provided in Paragraph 10.05. If the
acceptance occurs after such recommendation, an
appropriate amount will be paid by Contractor to
Owner.
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable
time after written notice from Engineer to correct
defective Work or to remove and replace rejected
Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform
the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any
other provision of the Contract Documents, Owner
may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies
under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or
remedial action, Owner may exclude Contractor from
all or part of the Site, take possession of all or part of
the Work and suspend Contractor's services related
thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery
at the Site, and incorporate in the Work all materials
and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere.
Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's
other contractors, and Engineer and Engineer's
consultants access to the Site to enable Owner to
exercise the rights and remedies under this
Paragraph.
C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by
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Owner in exercising the rights and remedies under
this Paragraph 13.09 will be charged against
Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract
Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as
to the amount of the adjustment, Owner may make a
Claim therefor as provided in Paragraph 10.05. Such
claims, costs, losses and damages will include but
not be limited to all costs of repair, or replacement of
work of others destroyed or damaged by correction,
removal, or replacement of Contractor's defective
Work.
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D. Contractor shall not be allowed an exten-
sion of the Contract Times because of any delay in
the performance of the Work attributable to the
exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
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ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
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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.
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14.02 Progress Payments
A. Applications for Payments
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1. At least 20 days before the date estab-
lished in the Agreement for each progress payment
(but not more often than once a month), Contractor
shall submit to Engineer for review an Application for
Payment filled out and signed by Contractor
covering the Work completed as of the date of the
Application and accompanied by such supporting
documentation as is required by the Contract Docu-
ments. 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 Applica-
tion for Payment shall also be accompanied by a bill
of sale, invoice, or other documentation warranting
that Owner has received the materials and equip-
ment free and clear of all Liens and evidence that
the materials and equipment are covered by
appropriate property insurance or other arrange-
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ments to protect Owner's interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit
of Contractor stating that all previous progress
payments received on account of the Work have
been applied on account to discharge Contractor's
legitimate obligations associated with prior
Applications for Payment.
3, The amount of retainage with respect to
progress payments will be as stipulated in the
Agreement.
B. Review of Applications
1. Engineer will, within 10 days after receipt
of each Application for Payment, either indicate in
writing a recommendation of payment and present
the Application to Owner or return the Application to
Contractor indicating in writing Engineer's reasons
for refusing to recommend payment. In the latter
case, Contractor may make the necessary
corrections and resubmit the Application.
2. Engineer's recommendation of any pay-
ment requested in an Application for Payment will
constitute a representation by Engineer to Owner,
based on Engineer's observations on the Site of the
executed Work as an experienced and qualified
design professional and on Engineer's review of the
Application for Payment and the accompanying data
and schedules, that to the best of Engineer's
knowledge, information and belief:
a. the Work has progressed to the point
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 9.07, 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.
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3, By recommending any such payment
Engineer will not thereby be deemed to have
represented that:
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a, inspections made to check the quality or
the quantity of the Work as it has been
performed have been exhaustive, extended
to every aspect of the Work in progress, or
involved detailed inspections of the Work
beyond the responsibilities specifically as-
signed to Engineer in the Contract Docu-
ments; or
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b. that there may not be other matters or
issues between the parties that might entitle
Contractor to be paid additionally by Owner
or entitle Owner to withhold payment to
Contractor.
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4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments
nor Engineer's recommendation of any payment,
including final payment, will impose responsibility on
Engineer:
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a. to supervise, direct, or control the Work,
or
b. for the means, methods, techniques,
sequences, or procedures of construction, or
the safety precautions and programs
incident thereto, or
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c. for Contractor's failure to comply with
Laws and Regulations applicable to
Contractor's performance of the Work, or
d. to make any examination to ascertain how
or for what purposes Contractor has used
the moneys paid on account of the Contract
Price, or
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e. to determine that title to any of the Work,
materials, or equipment has passed to
Owner free and clear of any Liens.
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5. Engineer may refuse to recommend the
whole or any part of any payment if, in Engineer's
opinion, it would be incorrect to make the
representations to Owner stated in Paragraph
14.02.B.2, Engineer may also refuse to recommend
any such payment or, because of subsequently
discovered evidence or the results of subsequent
inspections or tests, revise or revoke any such
payment recommendation previously made, to such
extent as may be necessary in Engineer's opinion to
protect Owner from loss because:
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a. the Work is defective, or completed Work
has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct
defective Work or complete Work in accor-
dance with Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated
in Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the
Application for Payment to Owner with Engineer's
recommendation, the amount recommended will
(subject to the provisions of Paragraph 14.02.0)
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 will
give Contractor immediate written notice (with a
copy to Engineer) stating the reasons for such action
and promptly pay Contractor any amount remaining
after deduction of the amount so withheld, Owner
shall promptly pay Contractor the amount so with-
held, or any adjustment thereto agreed to by Owner
and Contractor, when Contractor corrects to Owner's
satisfaction the reasons for such action.
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3, If it is subsequently determined that
Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an
amount due as determined by Paragraph 14.02,C.1.
14.03 Contractor's Warranty of Title
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A. Contractor warrants and guarantees that
title to all Work, materials, and equipment covered
by any Application for Payment, whether incor-
porated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all
Liens.
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14.04 Substantial Completion
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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,
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B. Promptly after Contractor's notification, ,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify
Contractor in writing giving the reasons therefor.
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C. If Engineer considers the Work
substantially complete, Engineer will deliver to
Owner a tentative certificate of Substantial
Completion which shall fix the date of Substantial
Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have
seven days after receipt of the tentative certificate
during which to make written objection to Engineer
as to any provisions of the certificate or attached list.
If, after considering such objections, Engineer
concludes that the Work is not substantially
complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If,
after consideration of Owner's objections, Engineer
considers the Work substantially complete, Engineer
will within said 14 days execute and deliver to
Owner and Contractor a definitive certificate of Sub-
stantial 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.
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D, At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written
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recommendation as to division of responsibilities
pending final payment between Owner and
Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat,
utilities, insurance, and warranties and guarantees.
Unless Owner and Contractor agree otherwise in
writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of
Substantial Completion, Engineer's aforesaid recom-
mendation will be binding on Owner and Contractor
until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor
reasonable access to complete or correct items on
the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically
been identified in the Contract Documents, or which
Owner, Engineer, and Contractor agree constitutes
a separately functioning and usable part of the Work
that can be used by Owner for its intended purpose
without significant interference with Contractor's
performance of the remainder of the Work, subject to
the following conditions.
1. Owner at any time may request
Contractor in writing to permit Owner to use or
occupy any such part of the Work which Owner
believes to be ready for its intended use and
substantially complete. If and when Contractor
agrees that such part of the Work is substantially
complete, Contractor will certify to Owner and
Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner
and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use
and substantially complete and request Engineer to
issue a certificate of Substantial Completion for that
part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to
determine its status of completion. If Engineer does
not consider that part of the Work to be substantially
complete, Engineer will notify Owner and Contractor
in writing giving the reasons therefor. If Engineer
considers that part of the Work to be substantially
complete, the provisions of Paragraph 14.04 will
apply with respect to certification of Substantial
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Completion of that part of the Work and the division
of responsibility in respect thereof and access
thereto.
4. No use or occupancy or separate
operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 5,10
regarding property insurance.
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14.06 Final Inspection
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A. Upon written notice from Contractor that
the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final
inspection with Owner and Contractor and will notify
Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or
defective. Contractor shall immediately take such
measures as are necessary to complete such Work
or remedy such deficiencies.
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14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has
delivered, in accordance with the Contract Docu-
ments, all maintenance and operating instructions,
schedules, guarantees, bonds, certificates or other
evidence of insurance certificates of inspection,
marked-up record documents (as provided in
Paragraph 6,12), and other documents, Contractor
may make application for final payment following the
procedure for progress payments.
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2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the
Contract Documents, including but not
limited to the evidence of insurance required
by Paragraph 5.04.B,7;
b. consent of the surety, if any, to final
payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
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d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in
connection with the Work.
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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
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releases in full and an affidavit of Contractor that: (i)
the releases and receipts include all labor, services,
material, and equipment for which a Lien could be
filed; and (ii) all payrolls, material and equipment
bills, and other indebtedness connected with the
Work for which Owner or Owner's property might in
any way be responsible have been paid or otherwise
satisfied. If any Subcontractor or Supplier fails to
furnish such a release or receipt in full, Contractor
may furnish a bond or other collateral satisfactory to
Owner to indemnify Owner against any Lien.
B. Engineer's 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 re-
quired 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 recommen-
dation of payment and present the Application for
Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 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 Contractor
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 documentation, the amount
recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's
recommendation, including but not limited to
liquidated damages, will become due and, will be
paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and
if Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation
of Engineer, and without terminating the Contract,
make payment of the balance due for that portion of
the Work fully completed and accepted. If the
remaining balance to be held by Owner for Work not
fully completed or corrected is less than the
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retainage stipulated in the Agreement, and if bonds
have been furnished as required in Paragraph 5,01,
the written consent of the surety to the payment of
the balance due for that portion of the Work fully
completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the
terms and conditions governing final payment,
except that it shall not constitute a waiver of Claims.
14.09
Waiver of Claims
A. The making and acceptance of final pay-
ment will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to Paragraph 14.06, from failure
to comply with the Contract Documents or the terms
of any special guarantees specified therein, or from
Contractor's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by Contractor
against Owner other than those previously made in
accordance with the requirements herein and
expressly acknowledged by Owner in writing as 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 Contractor and Engineer which
will fix the date on which Work will be resumed.
Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in
the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1, Contractor's persistent failure to perform
the Work in accordance with the Contract
Documents (including, but not limited to, failure to
supply sufficient skilled workers or suitable materials
or equipment or failure to adhere to the Progress
Schedule established under Paragraph 2.07 as
adjusted from time to time pursuant to Paragraph
6.04);
2. Contractor's disregard of Laws or Regula-
tions of any public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial
way of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of
its intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and
take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and
machinery at the Site, and use the same to the full
extent they could be used by Contractor (without
liability to Contractor for trespass or conversion),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has
paid Contractor but which are stored elsewhere, and
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in
Paragraph 15.02. B, Contractor shall not be entitled
to receive any further payment until the Work is
completed. If the unpaid balance of the Contract
Price exceeds all claims, costs, losses, and
damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or
other dispute resolution costs) sustained by Owner
arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such
claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference
to Owner. Such claims, costs, losses, and damages
incurred by Owner will be reviewed by Engineer as
to their reasonableness and, when so approved by
Engineer, incorporated in a Change Order. When
exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
D, Notwithstanding Paragraphs 15.02.B and
15.02,C, Contractor's services will not be terminated
if Contractor begins within seven days of receipt of
notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure
within no more than 30 days of receipt of said notice.
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E, Where Contractor's services have been
so terminated by Owner, the termination will not
affect any rights or remedies of Owner against
Contractor then existing or which may thereafter
accrue. Any retention or payment of moneys due
Contractor by Owner will not release Contractor from
liability.
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F. If and to the extent that Contractor has
provided a performance bond under the provisions
of Paragraph 5.01.A, the termination procedures of
that bond shall supersede the provisions of
Paragraphs 15.02,B, and 15.02.C.
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15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to
Contractor and Engineer, Owner may, without cause
and without prejudice to any other right or remedy of
Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of
any items):
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1. completed and acceptable Work executed
in accordance with the Contract Documents prior to
the effective date of termination, including fair and
reasonable sums for overhead and profit on such
Work;
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2. expenses sustained prior to the effective
date of termination in performing services and fur-
nishing labor, materials, or equipment as required by
the Contract Documents in connection with uncom-
pleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
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3, all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of
terminated contracts with Subcontractors, Suppliers,
and others; and
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4. reasonable expenses directly attributable
to termination.
B. Contractor shall not be paid on account of
loss of anticipated profits or revenue or other eco-
nomic loss arising out of or resulting from such
termination.
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15.04 Contractor May Stop Work or Terminate
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A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other
public authority, or (ii) Engineer fails to act on any
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Application for Payment within 30 days after it is
submitted, or (iii) Owner fails for 30 days to pay
Contractor any sum finally determined to be due,
then Contractor may, upon seven days written notice
to Owner and Engineer, and provided Owner or
Engineer do not remedy such suspension or failure
within that time, terminate the Contract and recover
from Owner payment on the same terms as provided
in Paragraph 15.03,
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for
Payment within 30 days after it is submitted, or
Owner has failed for 30 days to pay Contractor any
sum finally determined to be due, Contractor may,
seven days after written notice to Owner and
Engineer, stop the Work until payment is made of all
such amounts due Contractor, including interest
thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to
Contractor's stopping the Work as permitted by this
Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such
decision becomes final and binding. The mediation
will be governed by the Construction Industry
Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the
Agreement. The request for mediation shall be
submitted in writing to the American Arbitration
Association and the other party to the Contract.
Timely submission of the request shall stay the
effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in
the mediation process in good faith. The process
shall be concluded within 60 days of filing of the
request. The date of termination of the mediation
shall be determined by application of the mediation
rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 10.05.C or a
denial pursuant to Paragraphs 10.05,C,3 or 10.05.0
shall become final and binding 30 days after
termination of the mediation unless, within that time
period, Owner or Contractor:
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1. elects in writing to invoke any dispute
resolution process provided for in the
Supplementary Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of
their intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 17 - MISCELLANEOUS
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:
1. delivered in person to the individual or to
a member of the firm or to an officer of the
corporation for whom it is intended, or
2. delivered at or sent by registered or
certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in
the Contract Documents by days, it will be computed
to exclude the first and include the last day of such
period, If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal
holiday by the law of the applicable jurisdiction, such
day will be omitted from the computation.
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 avail-
able to any or all of them which are otherwise im-
posed or available by Laws or Regulations, by
special warranty or guarantee, or by other provisions
of the Contract Documents. The provisions of this
Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection
with each particular duty, obligation, right, and
remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, war-
ranties, 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 termina-
tion or completion of the Contract or termination of
the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the
law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are
inserted for convenience only and do not
constitute parts of these General Conditions.
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SECTION 00800
FIRST AMENDED SUPPLEMENTARY CONDITIONS
The following supplements modify, change from or add to the Standard General Conditions of
the Construction Contract, EJCDC Document 1910-8, 1996 Edition. Where any Article of the
General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified
or deleted by these supplements, the unaltered provisions shall remain in effect.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
Add the following sentence to Paragraph 1.01.28 entitled "Notice of Award":
"When requested by OWNER, the Notice of Award may be issued by the
ENGINEER."
Add the following sentence to Paragraph 1.01.29 entitled" Notice to Proceed":
"When requested by OWNER, the Notice to Proceed may be issued by
ENGINEER."
Add the following terms after Paragraph 1.01 50:
1.51 ARCHITECT/ENGINEER - The person, firm or corporation named as the
ENGINEER in the Agreement.
1.52 Provide - As used in the Project Manual, means to furnish and install,
complete and ready for intended use.
1.53 Product - As used in the Project Manual, includes materials, fabrications,
systems and equipment.
1.54 Project Manual - The volume of written construction documents, including
the Bidding Documents, sample forms, and the Contract Documents, such as the
Conditions of the Contract and the Specifications.
1.55 Retainage - The percentage of the Contract Price, retained by Owner from
the progress payments to the Contractor for Work performed until the Work is
completed. It shall be payable to Contractor in accordance with the Contract
Documents.
ARTICLE 2 - PRELIMINARY MATTERS
Add the following to Paragraph 2.01.:
"If the Work is to be commenced prior to execution of the Agreement in
response to a letter of intent, CONTRACTOR shall, prior to commencement of
the Work, submit evidence satisfactory to OWNER that such bonds will be
furnished."
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In the first line of Paragraph 2.02., change the term "...ten..." to read:
" . (6) "
...SIX ....
Delete Paragraph 2.03. and replace with the following:
"2.03. The date of commencement of the Work is the date e established in a
Notice to Proceed."
Add the following to Paragraph 2.05.:
"D. CONTRACTOR shall perform no portion of the Work at any time without
Contract Documents or, where specified, approved Shop Drawings for such
portion of the Work.
E. By executing the Contract, CONTRACTOR represents that he has visited the
site, familiarized himself with the local conditions under which the Work is to be
performed, and correlated his observations with the requirements of the Contract
Documents."
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Add the following to Paragraph 3.02.A.:
"3. Sections of Division One - General Requirements govern the execution of all
sections of the Specifications."
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS
In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read:
"...bidding requirements...".
In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read:
"...bidding requirements...".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain...", insert the words:
, "...in a company or companies licensed to do business in the State of
Florida,...".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle.", insert the words:
...1"..., or arising out of operation of laws and regulations for damages because
of bodily injury or death of any person or for damage to property."
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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
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:
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
b.
Contractor's Liability Insurance under
Article 5.4, which shall also include
completed operations and product liability
coverages and eliminate the exclusion
with respect to property under the care,
custody and control of custody and
control of Contractor:
1.
General Aggregate (Except Products -
Completed Operations)
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Including employers liability
limits $1,000,000 each
accident, $1,000,000
disease policy limit,
$1,000,000 disease each
employee
Statutory
$ 1,000,000.00
$ 1,000,000.00
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8.
c.
OR 2.
Aggregate
d.
2.
Products
Aggregate
Completed Operations $ 1,000,000.00
3. Personal and Advertising Injury (Per $ 1,000,000.00
Person/Org anization)
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.
$ 1,000,000.00
66.
Bodily Injury and property damage
combinedProfessional Liability, Errors &
Omissions insurance for architects,
engineers and other consulting
professionals
$ 1,000,000.00$
7.7.
Excess Liability
General Aggregate
Each Occurrence
$ 1,000,000.00
$ 1,000,000.00
1.
Professional Liability Insurance, as it $ 1 ,000,000.00
applies
Automobile Liability under paragraph
5.4.6:
Bodily Injury:
Each Person $ 1 ,000,000.00
Each Accident $ 1 ,000,000.00
Property Damage:
Each Occurrence
$ 1,000,000.00
Bodily Injury and Property Damage
Combined Single Limit:
Each Occurrence
$ 1,000,000.00
$ 1,000,000.00
Aggregate
$ 1,000,000.00
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:
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OWNER -
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ENGINEER -
Calvin, Giordano & Associates, Inc.
Engineers, Planners & Surveyors
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
OTHER-
10. The additional liability coverage for ENGINEER is not to be construed as
to requiring, in any way, that either OWNER or CONTRACTOR be
obligated to supply insurance protecting ENGINEER for its liability
emanating from professional errors or omissions.
11 In conformance with the requirements of Section 725.06, Florida Statutes, the
specific considerations for CONTRACTOR's promises are:
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."
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Add the following after Paragraph 6.08:
"6.08.A. The OWNER will secure and pay for only the following governmental
charges and inspection fees:
a. special assessments,
b. capital connection fees,
c. threshold and special inspection fees,
d. permanent utility meter installation fees,
e. permanent utility hook-up fees, and
f. impact fees.
6.08.8. CONTRACTOR shall pay for all building permits and charges of utility
owners for connections to the Work, and OWNER will pay charges of such utility
owners for capital costs related thereto such as plant investment fees."
Add the following after the last sentence in Paragraph 6.10:
In accordance with Exhibit A hereto, entitled Tax Exemption Agreement to
Contract, the Owner may directly purchase all materials and equipment identified
in the Contract Documents for incorporation into the Project ("Owner-Provide
Materials").
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 6.13.8, add the following sentences:
"The Occupational Safety and Health Administration excavation safety
standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect
during the period of construction of the Project. In compliance with current State
of Florida statutes, the Contractor or subcontractor performing trench excavation
work on the Project shall comply with the applicable trench safety standards."
In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows:
"...(including but not limited to fees and charges of ENGINEER, other engineers,
architects, attorneys and other professionals, particularly including, but not
limited to reasonable ENGINEER's attorney's fees, and court costs)...".
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
Change the first sentence of Paragraph 9.01.A. to read as follows:
"If OWNER and ENGINEER agree, ENGINEER will be OWNER's repre-
sentative during the construction period."
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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.B. with:
"All testing shall be paid for by the Contractor."
Add the following sentence to Paragraph 13.07.A.:
"Specific and special warranties specified in the Contract Documents are in
addition to, and not in lieu of, the contractors general warranty. CONTRACTOR
shall not be relieved of general warranty obligations by the specification of
specific products or procedures."
13.09. In the first sentence of the paragraph OWNER, MAY CORRECT DEFECTIVE WORK: c
Change the first line from ":
If Contractor fails within a reasonable time after written notice of Engineer..." t
To read:
If Contractor fails within ten (10) calendar days after written notice of
Engineer..."
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before
each progress payment is scheduled (but not more often than once a month), ..." to read:
"By no later than the first day of the month, .. .".
Following Paragraph Add 14.02.A.34 add::
4. "An original Partial Release of Lien is required from the General
Contractor along with the application for Payment No. 1 and for each
subsequent application thereafter. For each application for payment
(excluding Application No.1) the Contractor shall submit with the
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application Partial Releases of Liens for all Notice to Owners that have
been received for the project by the Owner and Engineer".
5. With each Application for Payment, the Contractor shall submit supporting
records and other evidence, in a form and amount acceptable to the City
and the Engineer, to demonstrate the expenses incurred and the Work
performed. This shall include, but not be limited to documentation related
to the purchase of Owner-Provided Material and the reduction in the
Contract Sum as a result of such expenditures.
6. Each application for Payment shall be based on the most recent schedule
of values submitted by Contractor in accordance with the Contract
Documents. The schedule of values shall allocate the entire guaranteed
maximum Contract Price among the various portions of the Work, except
that the Contractor's Fee shall be shown as a separate item. The
schedule of values shall be prepared in such form and supported by such
data to substantiate its accuracy as the Engineer may require. This
schedule, unless objected to by the Engineer, shall be used as a basis for
reviewing the Contractor's Applications for Payment.
7. Applications for payment shall show the percentage of completion of each
portion of the Work as of the end of the period covered by the Application
for Payment. The percentage of completion shall be the lesser of: (1) the
percentage of that portion of the Work which has actually been
completed; or (2) the percentage obtained by dividing (a) the expense
that has actually been incurred by the Contractor on account of that
portion of the Work for which the Contractor has made or intends to make
actual payment prior to the next Application for Payment by (b) the share
of the Contract Price allocated to that portion of the Work in the schedule
of values.
8. Subject to the provisions of the Contract Documents, the amount of
progress payments shall be computed as follows:
a) take that portion of the Contract Price properly allocable to the
computed Work as determined by multiplying the percentage of
completion of each portion of the Work in the schedule of values.
Pending final determination of the costs to the Owner of changes
in the Work, amounts not in dispute shall be included in the
Application for Payment along with Change Order, Work Change
Directive or Written Amendment indicating the parties' agreement
with all or part of such costs for additional Work.
b) add the portion of the Contract Price properly allocable to
materials and equipment delivered and suitably stored at the site
for subsequent incorporation in the Work, or, if approved in
advance by Owner, suitably stored off-site at a location agreed
upon in writing.
c) add the Contractor's Fee, less the ten percent (10%) Retainage.
The Contractor's Fee shall be computed upon the Cost of the
Work described in the preceding clauses at the rate in accordance
with Paragraph 11.01.C or, if the Contractor's Fee is stated as a
fixed sum, then it shall be an amount that bears the same ratio to
that fixed-sum fee as the Cost of the Work in the two preceding
clauses bears to a reasonable estimate of the probable Cost of
Work upon completion.
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d)
subtract the aggregate of the previous payments made by the
Owner;
subtract the shortfall, if any, indicated by the Contractor in the
supporting records and other evidence as mutually agreed
between the Owner or Engineer and Contractor to demonstrate
expenditures incurred to substantiate prior Applications for
Payment, or resulting from errors subsequently discovered by
Owner, or designee;
subtract the amounts, if any, for which the Architect has withheld
or nullified Certificate for Payment in accordance with the
provisions of the Contract Documents."
e)
f)
In Paragraph 14.02.8., change the beginning of the sentence: from "Ten days..." to read:
"Forty-five days...".
In Paragraph 14.02.C.1, insert the following:
2. The Contractor shall promptly pay each subcontractor, upon receipt of
payment from the Owner, out of the amount paid to the Contractor on
account of such Subcontractor's portion of the Work, the amount to which
said Subcontractor is entitled, reflecting percentages actually retained from
payments to the Contractor on account of such Subcontractor's portion of the
Work. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to
Subsubcontractors, if such Subsubcontractors are permitted by the Contract
Documents, to make payments to Subsubcontractors in the same manner.
3. Neither the Owner nor the Engineer shall have an obligation to payor see to
the payment of money to a Subcontractor, except as provided by law.
4. Payment by Contractor to material suppliers shall be treated in the manner as
provided in Paragraph 14.02.C.2.
5. Except with the Owner's prior approval, payments to Subcontractors shall be
subject to Retainage of not less than ten percent (10%). The Owner and the
Contractor shall agree upon a mutually acceptable procedure for review and
approval of payments and retention for Subcontractors.
6. Upon mutual agreement by Owner and Contractor, payment in full may be
made to those Subcontractors whose Work is fully completed during the early
stages of the Project. Notwithstanding Paragraphs 14.02.A.8 and 14.02.C.5
above, at such times as the Work as set forth in the schedule of values has
been 50% completed, and upon mutual agreement of the Owner and
Contractor, no further Retainage shall be withheld from progress payments
with respect to such portion of the Work. Agreement as to any such
reduction in retained amounts will not constitute a waiver of or otherwise
prejudice the Owner's right to subsequently reinstate full retainage, as to that
subcontractor, should circumstances justify such action in the Owner's sole
judgment.
7. Upon Substantial Completion of the entire Work of the Contractor, a sum,
sufficient to increase payments to the Contractor to one hundred percent
(100%) of the Contract Sum, less amounts, if any for incomplete Work and
unsettled claims, shall be paid to Contractor with the next sequential payment
application after Substantial Completion is obtained.
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Delete Paragraph 14.05 and replace with the following:
A. The Owner may occupy or use any completed or partially completed portion of
the Work at any stage when such portion is designated by separate
agreement with the Contractor, provided such occupancy or use is consented
by the insurer, in accordance with Paragraph 5.06.A.5 and as authorized by
public authorities having jurisdiction over the Work. Such partial occupancy
or use may commence whether or not the portion is substantially complete,
provided Owner and Contractor have accepted in writing the responsibilities
assigned to each of them for payments, Retainage, if any, security,
maintenance, heat, utilities, damage to Work and insurance, and have agreed
in writing concerning the period for correction of Work and commencement of
warranties required by the Contract Documents. When the Contractor
considers a portion substantially complete, the Contractor shall prepare and
submit a comprehensive list to the Engineer of the items to be completed or
corrected prior to final payment. The Failure to include an item on such list
does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents. Consent of the Contractor to
partial occupancy or use shall not be unreasoanbaly withheld. The stage of
the progress of the Work shall be determined by written agreement between
the Owner and the Contractor, or if no agreement is reached, by decision of
the Engineer.
B. Immediately or prior to such partial occupancy or use, the Owner, Contractor,
and Engineer shall jointly inspect the area to be occupied or the portion of the
Work to be used in order to determine and record the condition of the Work.
C. Unless otherwise agreed upon, partial occupancy or use of a portion or
portions of the Work shall not constitute acceptance of the Work not
complying with the Contract Documents."
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
After the least sentence in Paragraph 14.04.8, insert the following:
"C. Once 1) the definitive certificate of completion has been issued to the Owner
and the Contractor and 2) once consent of the surety, if any, has been
obtained, the Owner shall make payment of Retainage applying to such Work
or designated portion thereof. Such payment shall be adjusted for Work that
is incomplete or not in accordance with the requirements of the Contract
Documents."
After the last sentence in the Paragraph 14.04.B, insert the following: ."
"Final payment, constituting the entire unpaid balance of the Contract Price, shall
be made by the Owner to the Contractor when the Contractor has fully performed
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the Contract except for Contractor's responsibility to correct Work as provided in
Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which
extend beyond final payment and after the Engineer sends written notice to
Owner that the Work is acceptable and in accordance with Paragraphs 14.07.B
and 14.07.C."
Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the following:
"The final Application for Payment shall be accompanied (except as previously
delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or the Owner's
property might be responsible or encumbered (less amounts withheld by Owner)
have been paid or otherwise been satisfied, (2) a certificate evidencing that
insurance required by the Contract Documents to remain in force after final
payment is currently in effect and will not be canceled or allowed to be expired
until at least 30 days' prior written notice has been given to the Owner, (3) a
written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract
Documents, (4) consent of the surety, if any, to final payment, and (5) if required
by the Owner, other data establishing payment or satisfaction of obligations, such
as receipts, releases, and waivers of liens, claims, security interests of
encumbrances arising out of the Contract, to the extent and in such form as may
be designated by the Owner, (6) all documentation as required by the Contract
Documents, and (7) acceptance by the Owner and governing agencies. If a
Subcontractor refuses to furnish a release or waiver required by the Owner, the
Owner may require that the Contractor furnish a bond or other collateral
satisfactory to the Owner to indemnify the Owner against such lien. If such lien
remains unsatisfied after payments are made, the Contractor shall refund to the
Owner all money that the Owner may be compelled to pay in discharging the lien,
including all reasonable attorneys' fees and costs. The final payment will
become due when the Contractor submits the information above to the
Engineer."
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.B., insert the following after the words...such excess...;
II.
...(including but not limited to fees and charges of ENGINEER, other engineers,
architects, attorneys and other professionals, particularly including, but not limited to
reasonable Engineer's attorney's fees, and court costs)...".
ARTICLE 16 - DISPUTE RESOLUTION
Delete this Article in its entirety.
ARTICLE 17 - MISCELLANEOUS
Add 17.05.B:
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"The venue for any cause of action shall be Miami-Dade County."
After Article 17 add the following article:
ARTICLE 18 - OWNER-PROVIDED MATERIALS
The Contractor and Owner desire to enter into an arrangement whereby certain purchases
under the Contract may be made by the Owner as a result of Owner's status of being exempt
from sales and use tax.
1. Notwithstanding anything in the Contract to the contrary, the Owner shall directly
purchase all materials and equipment identified in the Contract Documents as required
for incorporation into the Project ("Owner-Provided Materials"). The Owner does hereby
grant to the Contractor the full authority as an agent of the Owner to prepare, place and
execute Purchase Orders for and in the name of the Owner for all Owner-Provided
Materials. The Contractor as agent of the Owner shall sign such Purchase Orders.
2. The Owner will be liable for the timely payment for all Owner-Provided Materials. The
Contractor will submit requisitions for orders of Owner-Provided Materials to the Owner
for approval when required. Vendors will render statements ("OPM Invoices") to the
Owner for any Owner-Provided Materials purchased. The Owner will provide copies of
all OPM Invoices to the Contractor upon approval by the Owner. After reviewing the
OPM Invoices, the Contractor will return these OPM Invoices with proper back up to the
Owner for payment. The Owner shall make payment directly to the respective vendors
as provided in the OPM Invoices. The Owner will send such vendor payments along with
Contractor payment to the Contractor who will, as Owner's agent, distribute such vendor
payments to the respective vendors in return for Releases of Lien. The Owner will
provide Contractor with any tax exemption certificates or other documents required or
useful to provide to the vendors of Owner-Provided Materials to evidence the tax-exempt
status of the Owner.
3. The Contract Price and shall be reduced by the sum of all Costs of the Work paid by the
Owner for Owner-Provided Materials plus any applicable sales and use tax amounts
initially included in the Contract Sum and GMP for such Owner-Provided Materials.
4. The Contractor shall maintain separate accounting records for all transactions carried
out under the authority of this Agreement. Such records shall be open to the Owner
during normal business hours of the Contractor.
5. The Contractor shall select, obtain approvals, submit samples, price shop drawings,
pursue, receive, inspect, and accept or reject all Owner-Provided Materials purchased in
the manner described herein per the Contract. The Contractor shall remain responsible
for the proper installation of all Owner-Provided Materials and will continue to warrant its
installation of these Owner-Provided Materials as provided in the Contract. This
Agreement will not be an acceptable excuse for delay to the construction schedule.
6. The authority granted the Contractor hereunder may be revoked by the Owner at any
time upon written notice delivered to the Contractor at its offices at:
during normal business hours.
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7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be
reduced as a result of any Owner-Provided Materials deduct change orders; i.e., the
Contractor's Fee shall continue to apply to the total sum of all remaining Costs of the
Work plus the costs of all Owner-Provided Materials and plus the applicable tax
amounts. Likewise, all agreed charging rates based on the Contract Price, including
without limitation for bonds and insurance, shall continue to be charged based on the
total sum of the Contract Price amount plus the costs of all Owner-Provided Materials
and plus the applicable tax amounts."
END OF DOCUMENT
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IN WITNESS WHEREOF, the parties hereto have made and executed this First
Amended Supplemental Conditions on the respective dates under each signature: City of
Sunny Isles Beach through its City Commission, signing by and through its Mayor, authorized to
execute same by Commission action on the _ day of , _; and
CONTRACTOR authorized to execute same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
ATTEST:
By:
Norman S. Edelcup, Mayor
_day of
,2007
Jane Hines, City Clerk
Approved as to form and legality by By:
Office of the City Attorney
A. John Szerlag, City Manager
_day of
,2007
By:
Hans Ottinot, City Attorney
ATTEST:
By
[CORPORATE SEAL]
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
day of
,2007
(CITY SEAL)
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THIS PAGE LEFT INTENTIONALLY BLANK.
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SECTION 00900
Addendum NO.1
to
Contract documents
CITY OF SUNNY ISLES BEACH
172ND STREET ROADWAY IMPROVEMENTS
CGA PROJECT NO. 03-4197
CITY BID NO. 07-05-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
All other documents, specifications, drawings, terms and conditions remain the same.
Bidders must acknowledge receipt of Addendum on Page 00300-3.
END OF SECTION
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SECTION 01010
SUMMARY OF WORK
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Contractor use of site.
B. Location of Work.
C. Description of Work.
D. Work Sequence.
E. Owner Occupancy.
1.02 CONTRACTOR USE OF SITE
A. Limit use of site and premises to allow:
1. Owner occupancy.
2. Work by others and Owner.
1.03
LOCATION OF WORK
A. The work location is in the City of Sunny Isles Beach at N.E. 172nd Street.
1.04
DESCRIPTION OF WORK
A. 172nd Street Roadway Improvements consisting of the reconstruction of N.E.
172nd Street including: paving, grading, drainage, lighting improvements, traffic
separators, sidewalks, and landscaping.
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.
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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.
1.07 MAINTENANCE OF TRAFFIC
A. The Contractor shall prepare the Maintenance of Traffic Plan to maintain traffic
flows in all three directions on these roads. This plan must be approved by the
City Traffic Engineer.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01025
MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 RELATED REQUIREMENTS
A. General provisions of Contract, including General and Supplementary
Conditions.
B. Other Division-1 Specification Sections.
1.02 SECTION INCLUDES
A. Administrative and procedural requirements for determining Work completed
under unit price contract.
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.
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F. Unit Price Abbreviations:
1. Lineal Feet - LF
2. Acre - AC
3. Cubic Yard - CY
4. Square Yard - SY
5. Each - EA
6. Lump Sum - LS
7. Ton - TN
8. Net Mile - NM
9. Gross Mile - GM
10. Gallons - GA
11. Million Gallons - MG
PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
3.01 MEASUREMENT AND PAYMENT
A. Furnish and Install Drainage Pipe
1. Measurement for payment for furnishing and installing drainage pipe will be
based upon the actual number of linear feet of such pipe constructed as
determined by measurement along the centerline of the pipe in place, not
including through structures, all in accordance with the requirements of the
Contract Documents.
2. Payment for furnishing and installing drainage pipe will be made at the unit
price per linear foot of pipe named in the Bid Schedule.
3. Payment shall include providing all necessary pipe, trench excavation,
bedding, backfilling, compaction, and the appurtenant items for which
separate payment is not specifically included in the Bid Schedule.
B. Furnish and Install Catch Basin, Storm Maintenance Access Structure or Conflict
Structure
1. Measurement for payment for furnishing and installing catch basins or storm
maintenance access structures will be based upon the actual quantity, each,
of such structures constructed, all in accordance with the requirements of the
Contract Documents.
2. Payment for furnishing and installing catch basins or storm maintenance
access structures will be made at the unit price, each, named in the Bid
Schedule, which price shall constitute full compensation for the completed
installation of the structure including but not limited to excavation, dewatering,
backfill and compaction, construction of the reinforced concrete structure and
plugged openings (bricks and expanding grout or as approved by the
ENGINEER) for proposed future connections, as well as furnishing and
installing debris baffles/inverted debris baffles and concrete drainage aprons
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---------- - l
- ------
where applicable, and the appurtenant items for which separate payment is
not specifically included in the Bid Schedule.
3. Conflict structures will include pipe sleeve, if required.
C.
Connect to Existing Drainage Pipe
1. Measurement for payment for connecting to drainage pipes will be based
upon the actual quantity, each, of such connections, all in accordance with
the requirement of the Contract Documents.
2. Payment for connecting to existing drainage pipes will be made at the unit
price, each, named in the Bid Schedule, which pri ce shall constitute full
compensation for the completed installation of the connection including but
not limited to excavation, dewatering, backfill and compaction, removing
existing knockout plug where applicable, saw cutting, grouting, construction
of the connection, restoration, all else necessary for a complete and
functional installation, and the appurtenant items for which separate payment
is not specifically included in the Bid Schedule.
D.
Remove and Dispose of Existing Drainage Pipe
1. Measurement for payment to remove and dispose of existing drainage pipe
will be based upon the actual number of linear feet of such pipe actually
removed all in accordance with the Contract Documents.
2. Payment for removal and disposal of existing drainage pipe will be made at
the unit price per linear foot of pipe named in the Bid Schedule, which price
shall constitute full compensation for the removal and disposal of such
drainage pipe including backfilling and all restoration work.
E.
Remove and Dispose of Existing Drainage Structure
1. Measurement for payment to remove and dispose of existing drainage
structures will be based upon the actual number, each, of such structures
actually removed all in accordance with the Contract Documents.
2. Payment for removal and disposal of existing drain age structures will be
made at the unit price, each, named in the Bid Schedule, which price shall
constitute full compensation for the removal and disposal of each catch basin
or storm maintenance structure, including backfilling and all restoration work.
F.
Furnish and Install Asphalt Concrete Pavement
1. Measurement for payment of asphalt concrete pavement will be based upon
the number of square yards of such asphalt concrete pavement actually
constructed, as detailed in the Drawings, all in accordance with the Contract
Documents.
2. Payment for placement of asphalt concrete pavement and the thickness
indicated will be made at the unit price per square yard for such placement as
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named and at the thickness indicated in the Bid Schedule, which price shall
constitute full compensation for applying a tack coat and furnishing, placing
and compacting the asphalt surface, complete in place to the cross section
and thicknesses shown on the Drawings; including restoration of traffic loop
detectors, adjustment of finished grades of valve boxes for mains which are
proposed to remain in service, milling and saw cutting of all pavement and all
cleanup of the area disturbed by this construction.
3. Payment for maintenance and protection of traffic, including but not limited to
temporary striping between lifts of asphalt, as required, shall be made under
the maintenance and protection of traffic item named in the Bid Schedule.
G.
Remove and Dispose of Existing Asphalt Pavement
1. Measurement for payment to remove and dispose of existing asphalt
pavement will be based upon the actual number of square yards of such
asphalt pavement actually removed, all in accordance with the Contract
Documents.
2. Payment for removal and disposal of existing asphalt pavement will be made
at the unit price per square yard of pavement named in the Bid Schedule,
which price shall constitute full compensation for the removal and disposal of
such roadway pavement, including but not limited to removal of existing
pavement markings, raised reflective pavement markers, and valve boxes to
be removed.
H.
Restoration of Driveways
1. Measurement for payment for restoration of driveways will be based upon the
actual number of square yards of such driveways actually restored as shown
in the Drawings, all in accordance with the Contract Documents.
2. Payment for restoration of driveways will be made at the unit price per square
yard of concrete named in the Bid Schedule, which price shall constitute full
compensation for completing said work, including but not limited to removal
and disposal of existing material, all limerock, earthwork, compacting,
reconstruction of the driveway to the same depth and material as the existing
one of better, furnishing and setting for expansion joint material, disposal of
excess material, 1 :20 maximum sloping (or 5%) of driveway on private
property, and the appurtenant items for which separate payment is not
specifically included in the Bid Schedule.
3. No payment will be made for restoration of driveways outside the limits
shown on the drawings or not approved in writing by the ENGINEER.
I.
Furnish and Install Limerock Base Material
1. Measurement for payment for furnishing and installing Iimerock base material
will be based upon the number of cubic yards of such materials actually
compacted in place at the depth indicated, all in accordance with the Contract
Documents.
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2. Payment for furnishing and installing of limerock base material will be made
at the unit price per cubic yard at the depth indicated and named in the Bid
Schedule, which price shall constitute full compensation for applying prime
coat and furnishing all such material, in place, including all transportation,
handling, cleaning, positioning and compacting of said bedding to a Load-
Bearing-Ratio of One-hundred (LBR 100), and disposal of waste or
unsuitable material.
J.
Compaction/Stabilization of Subgrade
1. Measurement for payment for compaction/stabilization of subgrade will be
based upon the number of square yards of such materials actually
compacted, all in accordance with the Contract Documents.
2. Payment for compacting/stabilizing of subgrade will be made at the unit price
per square yard named in the Bid Schedule, which price shall constitute full
compensation for handling, cleaning, positioning and compacting of said
bedding to a Load-Bearing-Ratio of Forty (LBR 40), importing fill material and
disposal of excess waste or unsuitable material.
K.
Furnish and Install Curb, Curb and Gutter and/or Valley Gutter
1. Measurement for payment for furnishing and installing curb, curb and gutter,
and/or valley gutter will be based upon the number of linear feet of such
curbing actually constructed as determined by measurement along the
centerline of the curb in place, all in accordance with the Contract
Documents.
2. Payment for furnishing and installing curb, curb and gutter, and/or valley
gutter will be made at the unit price per linear foot of such curbing named in
the Bid Schedule, which price shall constitute full compensation for complete
installation including grading, placing 4" Iimerock pad, forming, saw cutting of
pavement and cleanup of all areas disturbed by this construction.
L.
Clear and Grade Swale
1. Measurement for payment for clearing and grading swale will be based upon
the number of square yards of swale actually cleared and graded, all in
accordance with the Contract Documents.
2. Payment for clearing and grading swale will be made at the unit price per
square yard of clearing and grading named in the Bid Schedule, which price
shall constitute full compensation, including earthwork, importing of fill
material, removal and disposal of excess material including but not limited to
brush, bollards, shrubs, concrete, sod, and protection of trees to remain.
Swale is defined as the area between the edge of pavement to the right-of-
way line, excluding all driveway aprons and concrete sidewalks.
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P.
M.
Roadway Resurfacing/Overlay
1. Measurement and payment for roadway resurfacing will be based upon the
number of square yards of such roadways actually resurfaced, all in
accordance with the Contract Documents.
2. Payment for roadway resurfacing will be made at the unit price per square
yard named in the Bid Schedule, which price shall constitute full
compensation for roadway resurfacing, including but not limited to the
removal, by milling of the top :X" of existing roadway pavement, removal of
existing reflective pavement markers, restoration of traffic loop detectors,
application of tack coat, and :X" overlay of Type 8-3 asphalt in place.
3. Payment for maintenance and protection of traffic shall be made under the
maintenance and protection of traffic item named in the Bid Schedule.
N.
Furnish and Install Concrete Sidewalks - 5 foot Wide
1. Measurement for payment for furnishing and installing sidewalks will be
based upon the actual number of square yards of such sidewalks constructed
as shown in the drawings, all in accordance with the Contract Documents.
2. Payment for furnishing and installing sidewalks will be made at the unit price
per square yard named in the Bid Schedule, which price shall constitute full
compensation for completing said work, including all earthwork, compaction
and stabilization of subgrade, construction of the sidewalk, compliance with
current ADA regulations, furnishing and setting for expansion joint material,
backfilling of sidewalk, grading and complete restoration of private property
including sod due to installation of sidewalk, disposal of excess material,
protection of trees to remain, handrail where protection is needed, and the
appurtenant items for which separate payment is not specifically included in
the Bid Schedule. Excess material includes, but is not limited to, brush,
bollards, shrubs, concrete and any other material that inhibits the installation
of sidewalk.
Remove and Dispose of Existing Sidewalk
1. Measurement for payment to remove and dispose of existing sidewalks will
be based upon the actual number of square yards of such sidewalks and/or
curb removed, all in accordance with the Contract Documents.
2. Payment for removal and disposal of existing sidewalks will be made at the
unit price per square yard named in the Bid Schedule, which price shall
constitute full compensation for the removal and disposal of sidewalk and/or
curb, restoration of areas disturbed by the operation, complete.
Relocate Existing Mailbox
1. Measurement for payment for relocation of existing mailboxes will be based
upon the actual number of mailboxes relocated, all in accordance with the
Contract Documents.
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S.
2. Payment for relocating existing mailboxes will be made at the unit price name
in the Bid Schedule, which price shall constitute full compensation for the
complete relocation of the mailboxes including posts. Mailboxes shall be
relocated in accordance with postal regulations.
3. No separate payment shall be made for temporary relocation of existing
mailboxes required during construction.
Q.
Furnish and Install Pavement Marking
1. Measurement for payment for furnishing and installing pavement markings
will be based upon the number of linear feet of such markings actually
constructed as determined by measurement along the centerline of the
pavement markings in place, all in accordance with the Contract Documents.
2. Payment for furnishing and installing pavement markings will be made at the
unit price per linear foot of pavement markings named in the Bid Schedule,
which price shall constitute full compensation for the complete installation.
3. Payment for restoration of existing pavement markings shall be made at the
unit prices for furnishing and installing pavement markings named in the Bid
Schedule. Locations and quantities of such existing pavement markings to be
restored shall be verified with the ENGINEER prior to disturbing the existing
pavement markings.
R.
Furnish and Install Reflective Pavement Markers
1. Measurement for payment for furnishing and installing raised reflective
pavement markers (RPM) will be based upon the actual number, each, of
such RPM's installed, all in accordance with the Contract Documents.
2. Payment for furnishing and installing RPM's will be made at the unit price,
each, named in the Bid Schedule, which price shall constitute full
compensation for the complete installation.
Relocate or Adjust Existing Street Sign
1. Measurement for payment to adjust existing signs will be based upon the
actual quantity, each, of such signs relocated of adjusted, all in accordance
with the Contract Documents.
2. Payment for relocating or adjusting existing signs will be made at the unit
price, each, named in the Bid Schedule, which price shall constitute full
compensation for the work of relocating or adjusting existing signs and all
else necessary for a complete and functional installation.
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T.
Remove and Dispose Existing Street Sign
1. Measurement for payment to remove and dispose existing signs will be
based upon the actual quantity, each, of such signs actually removed from
the right-of-way, all in accordance with the Contract Documents.
2. Payment for removal and disposal of existing signs will be made at the unit
price, each, named in the Bid Schedule, which price shall constitute full
compensation for the removal and disposal of existing signs.
U.
Furnish and Install Street Signs (With Post)
1. Measurement for payment to furnish and install signs will be based upon the
actual quantity, each, of such signs furnished and installed, all in accordance
with the Contract Documents.
2. Payment for furnishing and installing signs will be made at the unit price,
each, named in the Bid Schedule, which price shall constitute full
compensation for the completed installation of the sign including post, and all
else necessary for a complete and functional installation.
Furnish and Install Text or Directional Arrow
1. Measurement for payment to furnish and install text or directional arrows will
be based upon the actual quantity, each, of such text or directional arrows
furnished and installed, all in accordance with the Contract Documents.
2. Payment for furnishing and installing text or directional arrows will be made at
the unit price, each, text or arrow with associated lines, named in the Bid
Schedule, which price shall constitute full compensation for the work of the
complete installation.
Relocate Existing Utility Poles
1. Measurement for payment for relocation of existing utility poles will be based
upon the actual number of utility poles relocated, all in accordance with the
Contract Documents.
2. Payment for relocating existing utility poles will be made at the unit price
name in the Bid Schedule, which price shall constitute full compensation for
the complete relocation of the utility poles. Utility poles shall be relocated in
accordance with local or governing power company regulations.
3. No separate payment shall be made for temporary relocation of existing utility
poles required during construction.
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.
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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.
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.
SUBMITTALS
A. On lump sum items, a complete schedule of values must be submitted at the pre-
construction meeting by the contractor.
END OF SECTION
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SECTION 01030
SPECIAL PROJECT PROCEDURES
PART 1 - GENERAL
1.01 OBSTRUCTIONS
A. The attention of the Contractor is drawn to the fact that during 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 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)
END OF SECTION
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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 electrical conduit.
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.
6. Alternatives to cutting and patching.
7. Cost proposal, when applicable.
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Written permission of any separate contractor whose work will be
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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Restore work that has been cut or removed; install new products to provide
completed Work in accord with requirements of Contract Documents.
Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through
surfaces.
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
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SECTION 01046
MODIFICATIONS TO EXISTING STRUCTURES, PIPING AND EQUIPMENT
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish all labor, materials, equipment and incidentals required to modify, alter
and convert existing structures as shown or specified and as required for the
installation of new mechanical equipment, piping and appurtenances. Work shall
be performed within the requirements of Special Project Procedures in Section
01030 and required Construction Scheduling in Section 01310. Existing piping
and equipment shall be removed and dismantled as necessary for the
performance of structural alterations in accordance with the requirements herein
specified.
1.02 RELATED WORK
A. Section 01045: Cutting and Patching
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
3.01 GENERAL
A. The Contractor shall cut, repair, reuse, excavate, demolish or otherwise remove
parts of the existing structures or appurtenances, as indicated on the Contract
Drawings, herein specified, or necessary to permit completion of the work under
this Contract.
B. Blasting with explosives will not be permitted to complete any work under this
Contract. Care shall be taken not to damage any part of existing buildings,
foundations and exterior structures both below and above ground.
C. No existing structure, equipment, or appurtenance shall be shifted, cut, removed,
or otherwise altered except with the express approval of and to the extent
approved by the Engineer.
D. Materials and equipment removed in the course of making alterations and
additions shall remain the property of the Owner, except that items not
salvageable, as determined by the Engineer and the Owner shall become the
property of the Contractor to be disposed of by him off the site of the work at his
own place of disposal.
E. All work of altering existing structures shall be done at such time and in such
manner as will comply with the approved time schedule. So far as possible
before any part of the work is started, all tools, equipment, and materials shall be
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3.02
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assembled and made ready so that the work can be completed without delay.
F. All workmanship and new materials involved in constructing the alterations shall
conform to the General Specifications for the classes of work insofar as such
specifications are applicable.
G. All cutting of existing masonry or other material to provide suitable bonding to
new work shall be done in a manner to meet the requirements of the respective
section of these specifications covering the new work. When not covered, the
work shall be carried on in the manner and to extent directed by the Engineer.
H. Where holes in existing masonry are required to be sealed, unless otherwise
herein specified, they shall be sealed with cement mortar or concrete. The sides
of the openings shall be provided with keyed joints and shall be suitably
roughened to furnish a good bond and make a watertight joint. All loose or
unsound material adjacent to the opening shall be removed and, if necessary,
replaced with new material. The method of placing the mortar seal shall provide
a suitable means of releasing entrapped air.
I. Surfaces of seals visible in the completed work shall be made to match as nearly
as possible the adjacent surfaces.
J. Nonshrink grout shall be used for setting wall castings, sleeves, leveling pump
bases, doweling anchors into existing concrete and elsewhere as shown.
K. Operating equipment shall be thoroughly cleaned and then lubricated and
greased for protection during prolonged storage.
L. The Contractor shall provide flumes, hoses, piping, etc. to divert or provide
suitable plugs, bulkheads or other means to hold back the flow of wastewater,
water or other liquids, all as required in the performance of the work under this
Contract.
CONNECTING TO EXISTING PIPING AND EQUIPMENT
A. The Contractor shall verify exact location, material, alignment, joint, etc. of
existing piping and equipment prior to making the connections called out in the
Drawings. The verifications shall be performed with adequate time to correct
any potential alignment or other problems prior to the actual time of connection.
B. The Contractor shall dismantle and remove all existing equipment, piping and
other appurtenances required, he shall cut existing pipelines for the purpose of
making connections thereto. Anchor bolts for equipment and structural steel
removed shall be cut off one inch below the concrete surface. Surface shall be
finished as specified in Division 3.
C. At the time that a new connection is made to an existing pipeline, additional new
piping, extending to and including the most convenient new valve, shall be
installed.
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D.
Where necessary or required for the purpose of making connections, the
Contractor shall cut existing pipe lines in a manner to provide an approved joint.
Where required, he shall weld beads, flanges or provide Dresser Couplings, all
as required.
END OF SECTION
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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, grade, and right-of-way 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
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SECTION 01100
ALTERNATES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. This section identifies procedures for proposing Alternates, and describes the
basic changes to be incorporated into the Work, only when that Alternate is made
a part of the Work by specific provisions in the Owner-Contractor Agreement.
1.02 RELATED REQUIREMENTS
A. Bidding Documents: Method of quotation of the cost of each Alternate, and the
basis of the Owner's acceptance of Alternates.
B. Owner-Contractor Agreement: Incorporation of Alternates into the Work.
C. Sections of the Specifications as listed under the respective Alternates.
D. Referenced sections of Specifications stipulate pertinent requirements for products
and methods to achieve the work stipulated under each Alternate.
E. Coordinate pertinent related work and modify surrounding work as required to
properly integrate the work under each Alternate, and to provide the complete
construction required by Contract Documents.
1.03 PROCEDURES
A. Alternates will be exercised at the option of the Owner.
B. Coordinate related work and modify surrounding work as required to complete the
Work, including changes under each Alternate, and to provide the complete
construction required by Contract Documents.
C. The Bidders may offer optional proposals in the part of the Bid form titled
"Document 00400, Appendix C" for manufacturers and suppliers of equipment
other than those required to be used in the base bid which they believe meets the
Specifications for the Owner's consideration. After the Contract has been
awarded, the Owner will determine whether any or all of the equipment options will
be accepted and a Change Order will be issued to revise the contract price in the
amount of the options desired. Offering an option shall bind the Contractor to
accepting the Change Order, but the Owner is in no way bound to accept any
option. If any option is offered, the model number and brand name must be
submitted.
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D. If an equipment option is proposed, the option price must reflect any additional
installation and engineering costs required as a result of differences in equipment
installation requirements. No extra cost will be paid to the Contractor for
modification of concrete piping, electrical, etc., in the event the Owner elects to
accept an option. All revisions required shall be subject to the approval of the
Engineer.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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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
A. 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.
B.
Section 01310:
Construction Schedules
C.
Section 01370:
Schedule of Values
D.
Section 01720:
Project Record Documents
1.03 FORMAT AND DATA REQUIRED
A. 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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1.06
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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.
SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
A. 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.
B. Submit one copy of data cover letter for each copy of application.
C. 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.
D. 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.
E. Construction schedule in accordance with 01310.
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.
SUBMITTAL PROCEDURE
A. Submit Applications for Payment to the Engineer at the times stipulated in the
Agreement.
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C. When the Engineer finds Application properly completed and correct, he will
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PART 2 - PRODUCTS (Not Used)
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SECTION 01200
PROJECT MEETINGS
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
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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
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B.
C.
Section 01310:
Section 01340:
Section 01720:
Construction Schedules.
Shop Drawings, Working Drawings, and Samples.
Project Record Documents.
1.03 PRE-CONSTRUCTION MEETING
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Schedule a pre-construction meeting no later than 15 days after date of Notice to
Proceed.
2.
Location:
A central site, convenient for all parties designated by the Owner.
3.
Attendance:
a.
b.
c.
d.
e.
Owner's Representative.
Engineer and his Professional Consultants.
Resident Project Representative.
Contractor's Superintendent.
Major Subcontractors.
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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.
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
PART 3 - EXECUTION
(Not Used)
(Not Used)
END OF DOCUMENT
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SECTION 01310
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 Microsoft™ Project 4.1 a 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.
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1.04
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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.
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 com pletion 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.
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1.05
1.06
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B. Submittals Schedule for Shop Drawings, and Samples In accordance with
Section 01340. Show:
1. The dates for Contractor's submittals.
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).
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.
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.
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1.07 DISTRIBUTION
A. Distribute copies of reviewed schedules to:
1. Owner (Two Copies)
2. Engineer (Two Copies)
3. Job Site File
4. Subcontractors
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)
END OF SECTION
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SECTION 01340
SHOP DRAWINGS, WORKING DRAWINGS AND SAMPLES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. The Contractor shall submit to the Engineer for review, such working drawings,
shop drawings, test reports and data on materials and equipment (hereinafter in
this article called data), and material samples (hereinafter in this article called
samples) as are required for the proper control of work, including but not limited
to those working drawings, shop drawings, data and samples for materials and
equipment specified elsewhere in the Specifications and in the Contract
Drawings.
B. Within 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
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1.03
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C. Designate in the construction schedule, or in a separate coordinated schedule,
the dates for submission and the dates that reviewed Shop Drawings, Working
Drawings and Samples will be needed.
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.
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
06/07
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;
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.
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 submittallresubmittal 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.
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I. No partial submittals will be reviewed. Submittals not complete will be returned to
the Contractor, and will not be considered "Rejected" until resubmitted.
SHOP DRAWINGS
A. When used in the Contract Documents, the term "Shop Drawings" shall be
considered to mean Contractor's plans for material and equipment that become
an integral part of the Project. These drawings shall be complete and detailed.
Shop Drawings shall consist of fabrication, erection and setting drawings and
schedule drawings, manufacturer's scale drawings, and wiring and control
diagrams. Cuts, catalogs, pamphlets, descriptive literature, and performance and
test data, shall be considered only as supportive to required Shop Drawings as
defined above.
B. Drawings and schedules shall be checked and coordinated with work of all trades
involved, before they are submitted for review by the Engineer and shall bear the
Contractor's stamp of approval as evidence of such checking and coordination.
Drawings or schedules submitted without this stamp of approval shall be returned
to the Contractor for resubmission.
C. Each Shop Drawing, shall have a blank area 3 1/2 inches by 3 1/2 inches, located
adjacent to the title block. The title block shall display the following:
1. Number and title of the drawing.
2. Date of drawing or revision.
3. Name of project building or facility.
4. Name of contractor and subcontractor submitting drawing.
5. Clear identification of contents and location of work.
6. Specification title and number.
D. If drawings show variations from Contract requirements because of standard
shop practice or for other reasons, the Contractor shall describe such variations
in his letter of transmittal. If acceptable, proper adjustment in the Contract shall
be implemented where appropriate. If the Contractor fails to describe such
variations he shall not be relieved of the responsibility for executing the work in
accordance with the Contract, even though such drawings have been reviewed.
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.
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1.06
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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.
WORKING DRAWINGS
A. When used in the Contract Documents, the term "working drawings" shall be
considered to mean the Contractor's plans for temporary structures such as
temporary bulkheads, support of open cut excavation, support of utilities, ground
water control systems, forming and false-work; for underpinning; and for such
other work as may be required for construction, but does not become an integral
part of the project.
B. Copies of working drawings as noted in subparagraph 1.06A above, shall be
submitted to the Engineer where required by the Contract Documents or
requested by the Engineer, and shall be submitted at least thirty (30) calendar
days (unless otherwise specified by the Engineer) in advance of their being
required for work.
C. Working drawings shall be signed by a Registered Professional Engineer,
currently licensed to practice in the State of Florida and shall convey, or be
accompanied by, calculation or other sufficient information to completely explain
the structure, machine, or system described and its intended manner of use.
Prior to commencing such work, working drawings must have been reviewed
without specific exceptions by the Engineer, which review will be for general
conformance and will not relieve the Contractor in any way from his responsibility
with regard to the fulfillment of the terms of the Contract. All risks of error are
assumed by the Contractor; the Owner and Engineer shall have no responsibility
therefore.
SAMPLES
A. The Contractor shall furnish, for the approval of the Engineer, samples required
by the Contract Documents or requested by the Engineer. Samples shall be
delivered to the Engineer as specified or directed. The Contractor shall prepay all
shipping charges on samples. Materials or equipment for which samples are
required shall not be used in work until approved by the Engineer.
B. Samples shall be of sufficient size and quantity to clearly illustrate:
1. Functional characteristics of the product, with integrally related parts and
attachment devices.
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2. Full range of color, texture and pattern.
3. A minimum of two samples of each item shall be submitted.
C. Each sample shall have a label indicating
1. Name of Project
2. Name of Contractor and Subcontractor
3. Material or Equipment Represented
4. Place of Origin
5. Name of Producer and Brand (if any)
6. Location in Project
(Samples of finished materials shall have additional marking that will identify them
under the finished schedules.)
D. The Contractor shall prepare a transmittal letter in triplicate for each shipment of
samples containing the information required in subparag raph 1.07B above. He
shall enclose a copy of this letter with the shipment and send a copy of this letter
to the Engineer. Approval of a sample shall be only for the characteristics or use
named in such approval and shall not be construed to change or modify any
Contract requirements.
E. Approved samples not destroyed in testing shall be sent to the Engineer or stored
at the site of the work. Approved samples of the hardware in good condition will
be marked for identification and may be used in the work. Materials and
equipment incorporated in work shall match the approved samples. Samples
which failed testing or were not approved samples will be returned to the
Contractor at his expense, if so requested at time of submission.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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DOCUMENT 01370
SCHEDULE OF VALUES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Submit to the Engineer a Schedule of Values allocated to the various portions of
the Work, within 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.
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E. Schedules are subject to Engineer's approval wherein additional line item detail
may be required.
PART 2 - PRODUCTS (Not Used)
PART 3 - PRODUCTS (Not Used)
END OF SECTION
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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
3. Asphaltic Concrete Paving
4. Earthwork
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
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1.04
1.05
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CONTRACTOR'S RESPONSIBILITIES
A. Cooperate with laboratory personnel, and provide access to Work and pay for
testing.
B. Secure and deliver to the laboratory adequate quantities of representational
samples of materials proposed to be used and which require testing.
C. Provide to the laboratory the preliminary design mix proposed to be used for
concrete, and other materials mixes which require control by the testing
laboratory.
D. Materials and equipment used in the performance of work under this Contract are
subject to inspection and testing at the point of manufacture or fabrication.
Standard specifications for quality and workmanship are indicated in the Contract
Documents. The Engineer may require the Contractor to provide statements or
certificates from the manufacturers and fabricators that the materials and
equipment provided by them are manufactured or fabricated in full accordance
with the standard specifications for quality and workmanship indicated in the
Contractor Documents. All costs of this testing and providing statements and
certificates shall be a subsidiary obligation of the Contractor, and no extra charge
to the Owner shall be allowed on account of such testing and certification.
E. Furnish incidental labor and facilities:
1. To provide access to Work to be tested
2. To obtain and handle samples at the Project site or at the source of the
product to be tested
3. To facilitate inspections and tests
4. For storage and curing of test samples
F. Notify laboratory sufficiently in advance of operations to allow for laboratory
assignment of personnel and scheduling of tests.
G. Employ and pay for the services of the same or a separate, equally qualified
independent testing laboratory to perform additional inspections, sampling and
testing required for the Contractor's convenience.
H. Provide the Engineer with a copy of all test and reports.
TYPES OF TEST REQUIRED
A. Density tests for trench backfill at the rate of three tests per lift in 1,000 feet of
trench.
B. Density tests for subgrade compaction at the rate of three tests in 1,000 feet of
roadway.
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C. Density tests for Iimerock base at the rate of three tests per day on each course
of completed compacted base.
D. Density tests for roadway crossings at the rate of one test per lane per lift of
compacted material, beginning one foot above the normal water table.
E. If in the opinion of the Engineer, suitable compaction has not been achieved
around structures, density tests may be required.
F. Concrete compressive strength at the rate of three cylinders per the lesser of 50
cubic yards or per day.
G. Should the above test results indicate deficiencies, the Engineer may order
additional tests at the Contractor's expense, and all reworked areas shall be
retested at the Contractor's expense.
H. Testing in the County right-of-way shall meet the requirements of Dade County's
"Minimum Standards".
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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1.01
1.02
06/07
SECTION 01505
CONTROL OF WORK
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.
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.
D. 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
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1.04
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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.
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.
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
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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 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
1. 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.
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3.02
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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.
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
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SECTION 01510
TEMPORARY UTILITIES
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDED
A. Furnish, install and maintain temporary utilities required for construction, remove
on completion of work.
1.02 RELATED REQUIREMENTS
A. Section 01010: Summary of Work
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.
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2.03
2.04
2.05
2.06
06/07
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.
TEMPORARY SANITARY FACILITIES
A. Provide sanitary facilities in compliance with laws and regulations.
B. Service, clean and maintain facilities and enclosures.
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.
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.
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4. Other instruments at the option of the Contractor, or as required by
regulations.
B. Pay all costs for installation, maintenance and removal, and service charges for
local calls. Toll charges shall be paid by the party who places the call.
PART 3 - EXECUTION
3.01 GENERAL
A. Comply with applicable requirements specified in Division 15 - Mechanical and in
Division 16 - Electrical.
B. Maintain and operate systems to assure continuous service.
C. Modify and extend systems as work progress requires.
3.02 REMOVAL
A. Completely remove temporary materials and equipment when their use IS no
longer required.
B. Clean and repair damage caused by temporary installations or use of temporary
facilities.
C. Restore permanent facilities used for temporary services to specified condition.
END OF SECTION
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SECTION 01532
TREE AND PLANT PROTECTION
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all equipment and materials, and do all work necessary to protect
existing trees and plants from damage as a result of the contractor's operations.
1.02 RELATED WORK
A. Section 02210 - Fine Grading
B. Section 02481 - Shrub and Tree Relocation
C. Section 02490 - Trees, Plants and Groundcover
1.03 REFERENCED STANDARDS
A. Comply with applicable requirements of the following standards. Where these
standards conflict with other specified requirements, the most restrictive
requirements shall govern.
1. International Society of Arboriculture (ISA): Guide for establishing values
of trees and other plants.
1.04 SUBMITTALS
A. Proposed methods, materials to be employed, and schedule for effecting tree
and plant protection shall be submitted for approval.
1.05 DAMAGE PENALTIES
A. Certain specimen trees adjacent to construction areas and in other key locations
will be identified by the Owner and the Landscape Architect, and marked with red
tags. Loss or damage to these trees will result in replacement with equal
canopy.
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.
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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".
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 10ft. on center maximum.
C. Fencing other than that specified above shall be subject to the approval of the
Architect.
PART 3 - EXECUTION
3.01 INSTALLATION OF FENCING
A. Prior to start of demolition work and clearing and grubbing operations, tree
protection fencing shall be installed in accordance with the following:
1. Fencing shall be installed at the tree protection areas as directed by the
Landscape Architect.
2. Fencing shall be located along the cut and fill lines staked by the project
surveyor and approved by the Architect and Owner.
3.02 ROOT PRUNING
A. Where construction will be in close proximity to existing trees designated to
remain, roots shall be pruned. Proximity shall be as determined in the field by
the Architect. Root pruning shall be performed as specified in Section 02490
TREES, PLANTS AND GROUND COVERS.
3.03 CLEARING WITHIN PROTECTION AREAS
A. Selective clearing within tree protection areas shall only be performed when and
as directed by the Architect.
3.04 REMOVAL OF PROTECTION
A. Except as otherwise indicated or requested by Architect, temporary protection
devices and facilities installed during course of the work shall be removed only
after all work which may injure or damage trees and plants is completed.
END OF SECTION
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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 01510 - Temporary Utilities
1.03 SECURITY PROGRAM
A. Protect Work, existing premises and Owner's operations from theft, vandalism
and unauthorized entry.
B. Initiate program in coordination with Owner's existing security system at job
mobilization.
C. Maintain program throughout construction period until Owner occupancy as
directed by Engineer.
1.04 ENTRY CONTROL
A. Restrict entrance of persons and vehicles into project site and existing facilities.
B. Allow entrance only to authorized persons with proper identification.
C. Maintain log of workmen and visitors, make available to Owner on request.
D. Coordinate access of Owner's personnel to site in coordination with Owner's
security forces.
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I 1.05 PERSONNEL IDENTIFICATION
A. Become familiar with Owner and Engineer representatives.
I B. Restrict access to job site to these representatives.
I PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
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SECTION 01550
SITE ACCESS AND STORAGE
PART 1 - GENERAL
1.01 HIGHWAY LIMITATIONS
A. The Contractor shall make his own investigation of the condition of available
public and private roads and of clearances, restrictions, bridge load limits, and
other limitations affecting transportation and ingress and egress to the site of the
work.
1.02 CONTRACTOR'S WORK AND STORAGE AREA
A. The Contractor shall make his own arrangements for any necessary off-site
storage or shop areas necessary for the proper execution of the work.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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SECTION 01570
TRAFFIC REGULATION
PART 1 - GENERAL
1.01 DESCRIPTION: The Work to be performed under this section shall include furnishing all
materials and labor necessary to regulate vehicular and pedestrian traffic.
1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this
Contract shall be in strict accordance with the following codes and standards.
A. Local, county and municipal codes.
B. Florida Department of Transportation Specifications (DOT)
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 TRAFFIC AND VEHICULAR ACCESS:
A. Emergency Vehicles: No multi-family residence, apartment, commercial building
or place of employment shall be without access to emergency vehicles for a
period longer than three hours. The Contractor shall notify in writing the
Engineer, the police, fire and other emergency departments and agencies when
and where work is to be accomplished that will affect their operations at least two
days in advance of such work.
B. Major Road and Streets: No major roads or streets shall be blocked to traffic
without adequate detour facilities for a period of more than 30 minutes or as
directed by the governing authority.
C. Commercial Properties: Access to commercial property shall not be blocked for a
period of more than 30 minutes during the time such properties are open for
business.
D. Residential Property: Access to residential property shall not be blocked for a
period of more than 24 hours.
3.02 CONSTRUCTION IN STATE HIGHWAY RIGHT-OF-WAY: Construction within all State
highway right-of-way shall be made in full compliance with all requirements and to the
satisfaction of the Florida Department of Transportation. All necessary barricades,
detours, lights and other protective measures shall be provided for the protection of both
pedestrian and vehicular traffic.
3.03 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT-OF-WAY: Construction
within right-of-way other than State highway shall be made in full compliance with all
requirements of the Florida Department of Transportation and to the satisfaction of the
local governing bodies. All necessary barricades, detours, lights and other protective
measures shall be provided for the protection of both pedestrian and vehicular traffic.
END OF SECTION
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SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.01 REQUIREMENTS INCLUDE
A. Material and equipment incorporated into the Work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type and 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.
1.02 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
1.03 APPROVAL OF MATERIALS
A. Only new materials and equipment shall be incorporated in the work. All
materials and equipment furnished by the Contractor shall be subject to the
inspection and approval of the Engineer. No material shall be delivered to the
work without prior approval of the Engineer.
B. Within 30 days after the effective date of the Agreement, the Contractor shall
submit to the Engineer, data relating to materials and equipment he proposes to
furnish for the work. Such data shall be in sufficient detail to enable the Engineer
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1.04
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to identify the particular product and to form an opinion as to its conformity to the
specifications. The data shall comply with Paragraph 1.07 of this Section.
C. Facilities and labor for handling and inspection of all materials and equipment
shall be furnished by the Contractor. If the Engineer requires, either prior to
beginning or during progress of the work, the Contractor shall submit samples of
materials for such special tests as may be necessary to demonstrate that they
conform to the specifications. Such samples shall be furnished, stored, packed,
and shipped as directed at the Contractor's expense.
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.
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.
TRANSPORTATION AND HANDLING
A. Arrange deliveries of Products in accord with construction schedules, coordinate
to avoid conflict with work and conditions at the site.
1. Deliver Products in undamaged condition, in manufacturer's original
containers or packaging, with identifying labels intact and legible.
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1.06
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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.
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.
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E. Moving parts shall be rotated a minimum of once weekly to insure proper
lubrications and to avoid metal-to-metal "welding". Upon installation of the
equipment, the Contractor shall start the equipment, at least half load, once
weekly for an adequate period of time to insure that the equipment does not
deteriorate from lack of use.
F. All materials which, in the opinion of the Engineer, have become so damaged as
to be unfit for the use intended or specified shall be promptly removed from the
site of the work, and the Contractor shall receive no compensation for the
damaged material or its removal.
G. Arrange storage in a manner to provide easy access for inspection. Make
periodic inspections of stored Products to assure that Products are maintained
under specific conditions, and free from damage or deterioration.
H. 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.
I. 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.
SUBSTITUTIONS AND PRODUCT OPTIONS
A. Products List:
1. Within 30 days after the effective date of the Agreement, submit to the
Engineer a complete list of major products proposed to be used, with the
name of the manufacturer and the installing subcontractor.
B. Contractor's Options:
1. For Products specified only by reference standard, select any product
meeting that standard.
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2. For Products specified by naming several products or manufacturers,
select anyone of the products or manufacturers named, which complies
with the specifications.
3. For products specified by naming one or more Products or manufacturers
and "or equal", Contractor must submit a request as for substitutions for
any Product or manufacturer not specifically named.
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.
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1.08 SPECIAL TOOLS
A. Manufacturers of equipment and machinery shall furnish any special tools
(including grease guns or other lubricating devices) required for normal
adjustment, operations and maintenance, together with instructions for their use.
The Contractor shall preserve and deliver to the Owner these tools and
instructions in good order no later than upon completion of the Contract.
1.09 WARRANTY
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
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SECTION 01701
PROJECT CLOSEOUT
PART 1 - GENERAL
1.01 RELATED REQUIREMENTS
A. General provisions of Contract, including General and Supplementary Conditions.
B. Warranty and bond submittal.
C. Closeout submittals, warranties and bonds required for specific products of work.
1.02 SECTION INCLUDES
A. Administrative and procedural requirements for project closeout.
1. Inspection procedures.
2. Project record document submittal.
3. Final cleaning.
1.03 SUBSTANTIAL COMPLETION
A. Before requesting inspection for certification of Substantial Completion, complete
the following. List exceptions in the request.
1. If 100 percent completion cannot be shown, include a list of incomplete
items, the value of incomplete construction, and reasons the Work is not
complete.
2. Advise Owner of pending insurance change-over requirements.
3. Submit specific warranties, workmanship bonds, maintenance
agreements, final certifications and similar documents.
4. Obtain and submit releases enabling the Owner unrestricted use of the
Work and access to services and utilities; include occupancy permits,
operating certificates and similar releases.
5. Submit record drawings, maintenance manuals, and similar final record
information.
6. Complete start-up testing of systems, and instruction of the Owner's
operating and maintenance personnel. Discontinue or change over and
remove temporary facilities from the site, along with construction tools,
mock-ups, and similar elements.
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.
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D. Should the Engineer determine that the Work is not substantially complete, he will
advise the Contractor of construction that must be completed or corrected before
the certificate will be issued.
1. The Engineer will repeat inspection when requested and assured that the
Work has been substantially completed.
2. Results of the completed inspection will form the basis of requirements for
final acceptance.
1.04 FINAL COMPLETION
A. When Contractor considers the Work to be complete, he shall submit written
certification to the Engineer that the Work is completed and ready for final
inspection. Include the following:
1. Submit the final payment request with releases and supporting
documentation not previously submitted and accepted. Include
certificates of insurance for products and completed operations where
required.
2. Submit an updated final statement, accounting for final additional changes
to the Contract Sum.
3. Submit a certified copy of the Engineer's final inspection list of items to be
completed or corrected, stating that each item has been completed or
otherwise resolved for acceptance, the list has been endorsed and dated
by the Engineer.
4. Submit final meter readings for utilities, a measured record of stored fuel,
and similar data as of the date of Substantial Completion, or when the
Owner took possession of and responsibility for corresponding elements
of the Work.
5. Submit consent of surety to final payment.
6. Submit evidence of final, continuing insurance coverage complying with
insurance requirements.
B. The Engineer will inspect the Work upon receipt of notice that the Work, including
inspection list items from earlier inspections, has been completed, except items
whose completion has been delayed because of circumstances acceptable to the
Engineer.
1. Upon completion of inspection, the Engineer will prepare a certificate of
final acceptance, or advise the Contractor of Work that is incomplete, or of
obligations that have not been fulfilled but are required for final
acceptance.
2. If necessary, reinspection process will be repeated.
1.05 RECORD DOCUMENT SUBMITTALS
A. Maintain at the site one complete set of record documents; protect from
deterioration and loss in a secure, fire-resistive location.
1. Provide access to record documents for the Engineer's reference during
normal working hours.
2. Label each document "PROJECT RECORD" in 2 inch high printed letters.
3. Do not use for construction purposes.
B. Record Drawings: Maintain a clean, undamaged set of blue or black line
white-prints of Contract Drawings and Shop Drawings. Mark the set to show the
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actual installation where the installation varies substantially from the Work as
originally shown. Mark whichever drawing is most capable of showing conditions
fully and accurately; where Shop Drawings are used, record a cross-reference at
the corresponding location on the Contract Drawings. Give particular attention to
concealed elements that would be difficult to measure and record at a later date.
1. Mark record sets with red erasable pencil; use other colors to distinguish
between variations in separate categories of the Work.
2. Mark new information that was not shown on Contract Drawings or Shop
Drawings.
3. Note related Change Order numbers where applicable.
4. Organize record drawing sheets into manageable sets, bind with durable
paper cover sheets, and print suitable titles, dates and other identification
on the cover of each set.
The record drawings shall correctly and accurately show all changes from the
Contract Documents made during construction and shall reflect surveyed
information which shall be verified and certified by an independent Professional
Land Surveyor registered in the State of Florida. The drawings shall be neat and
legible. Show all elevations and horizontal control of all pipes and structures, as
defined below:
a. Record Drawings Submittal Requirements: Record drawings to be
submitted shall consist of:
1) Three sets of signed and sealed sets of prints.
C.
Record Specifications: Maintain one complete copy of the Project Manual,
including addenda, and one copy of other written construction documents such as
Change Orders and modifications issued in printed form during construction.
1. Mark these documents to show substantial variations in actual Work
performed in comparison with the text of the Specifications and
modifications.
2. Give particular attention to substitutions, selection of options and similar
information on elements that are concealed or cannot otherwise be readily
discerned later by direct observation.
3. Note related record drawing information and Product Data.
D.
Record Product Data: Maintain one copy of each Product Data submittal.
1. Mark these documents to show significant variations in actual Work
performed in comparison with information submitted. Include variations in
products delivered to the site, and from the manufacturer's installation
instructions and recommendations.
2. Give particular attention to concealed products and portions of the Work
which cannot otherwise be readily discerned later by direct observation.
3. Note related Change Orders and mark-up of record drawings and
Specifications.
E.
Record Sample Submitted: Immediately prior to the date or dates of Substantial
Completion, the Contractor will meet at the site with the Engineer and the Owner
to determine which of the submitted Samples that have been maintained during
progress of the Work are to be transmitted to the Owner for record purposes.
Comply with delivery to the Owner's Sample storage area.
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F. Miscellaneous Record Submittals: Refer to other Specification Sections for
requirements of miscellaneous record-keeping and submittals in connection with
actual performance of the Work.
G. At Contract close-out, deliver one copy of Record Documents to Engineer for
Owner. Accompany submittal with transmittal letter in duplicate containing the
following information:
1. Date.
2. Project title and number.
3. Contractor's name and address.
4. Title and number of each Record Document.
5. Signature of Contractor or his authorized representative.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION
3.01 FINAL CLEANING
A. Remove temporary protection and facilities installed for protection of the Work
during construction.
B. Comply with regulations of authorities having jurisdiction and safety standards for
cleaning. Do not burn waste materials. Do not bury debris or excess materials
on the Owner's property. Do not discharge volatile, harmful or dangerous
materials into drainage systems. Remove waste materials from the site and
dispose of in a lawful manner.
C. Where extra materials of value remaining after completion of associated Work
have become the Owner's property, arrange for disposition of these materials as
directed.
END OF SECTION
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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
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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.
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1.04
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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.
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
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5. Signature of Contractor or his Authorized Representative
C. Submittal of Record Drawings shall be in accordance with Section 01050, 1.06.
PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION
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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:
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1. Size: 8 1/2 inches x 11 inches
2. Paper: 20 pound minimum, white, for typed pages.
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.
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
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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:
1. 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:
1. 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:
1. 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.
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.
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a. Catalog number, size, composition.
b. Color and texture designations.
c. Information required for re-ordering special-manufactured
products.
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:
Specifications.
Respective sections of
E. Provide complete information for products specified.
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
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3. Maintenance Procedures:
a. Routine operations
b. Guide to "trouble-shooting"
c. Disassembly, repair and reassembly
d. Alignment, adjusting and checking
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
11. 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:
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a. Routine and normal operating instructions
b. Sequences required
c. Special operating instructions
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.
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 1.01 B of Section 01030
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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).
1.09 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 0 & 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)
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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
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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
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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
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SECTION 02100
SITE PREPARATION
PART 1 - 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.
3.02 GRUBBING
A. Grubbing shall consist of the complete removal of all stumps, roots larger than 1
1/2 inches in diameter, matted roots, brush, timber, logs and any other organic or
metallic debris resting on, under or protruding through the surface of the ground to
a depth of 18 inches below the subgrade. All depressions excavated below the
original ground surface for or by the removal of such objects, shall be refilled with
suitable materials and compacted to a density conforming to the surrounding
ground surface.
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
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3.05
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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.
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 01532-2 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 RELATED SECTIONS
A. Section 01010: Summary of Work
1.02 SECTION INCLUDES
A. Preparation of subgrade for building slabs, walks, and pavements.
B. Excavation, fill, and backfill.
1.03 QUALITY ASSURANCE
A. Perform excavation work in compliance with applicable requirements of
governing authorities having jurisdiction.
1.04 PROJECT CONDITIONS
A. Locate existing underground utilities in areas of work. Provide adequate means
of support and protection during earthwork operations.
B. Should uncharted, or incorrectly charted, piping or other utilities be encountered
during excavation, consult utility owner immediately for directions. Cooperate
with Owner and utility companies in keeping respective services and facilities in
operation. Repair damaged utilities to satisfaction of utility owner.
C. Do not interrupt existing utilities serving occupied facilities.
D. Use of Explosives: If the use of explosives is necessary for the execution of the
work the Contractor shall conduct his blasting operations in conformance with
these specifications and all applicable state and local codes and regulations.
E. Protect structures, utilities, sidewalks, pavements, and other facilities from
damage caused by settlement, lateral movement, undermining, washout and
other hazards created by earthwork operations.
PART 2 - PRODUCTS
2.01 SOIL MATERIALS
A. Satisfactory Soil Materials: ASTM D2487 soil classification groups GW, GP, GM,
SM, SW and SP.
B. Unsatisfactory Soil Materials: ASTM D2487 soil classification groups GC, SC,
ML, MH, CL, CH, OL, OH and PT.
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C. Subbase Material: Naturally or artificially graded mixture of natural or crushed
gravel, crushed stone, crushed slag, natural or crushed sand.
D. Drainage Fill: Washed, evenly graded mixture of crushed stone, or crushed or
uncrushed gravel, with 100 percent passing a 1-1/2 in. sieve and not more than 5
percent passing a NO.4 sieve.
E. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel
larger than 2 in. in any dimension, debris, waste, frozen materials, vegetable and
other deleterious matter.
PART 3 - EXECUTION
3.01 EXCAVATION
A. Excavation is Unclassified, and includes excavation to subgrade elevations
indicated, regardless of character of materials and obstructions encountered.
B. Unauthorized Excavation: Removal of materials beyond indicated subgrade
elevations or dimensions without specific direction. Unauthorized excavation, as
well as remedial work directed by Engineer, shall be at Contractor's expense.
C. Additional Excavation:
1. When unsuitable bearing materials are encountered at required subgrade
elevations, carry excavations deeper and replace excavated material as
directed by Engineer.
2. Removal of unsuitable material and its replacement as directed will be
paid on basis of contract conditions relative to changes in work.
D. Stability of Excavations:
1. Slope sides of excavations to comply with local codes and ordinances
having jurisdiction.
2. Shore and brace where sloping is not possible because of space
restrictions or stability of material excavated.
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 ground water from flowing into
excavations.
2. Do not allow water to accumulate in excavations.
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3.02
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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 3'-6" below finished grade.
6. Grade bottoms of trenches as indicated, notching under pipe bells to
provide solid bearing for entire body of pipe.
I. Do not backfill trenches until tests and inspections have been made and
backfilling authorized by Engineer.
COMPACTION
A. Areas to be compacted shall be moistened and compacted by either rolling,
tamping or any other approved method by the Engineer in order to obtain the
desired density. The Contractor shall inspect all compacted areas prior to further
construction operations to ensure that satisfactory compaction has been
obtained. All backfill adjacent to structures and pipes, shall be compacted to a
density of not less than 100 percent of the maximum density as determined by
AASHTO T-99. Density tests are required, such tests shall be made as directed
by the Engineer at the expense of the Contractor. The Contractor shall instruct
the testing laboratory to forward copies of all test reports to the Engineer.
B. Remove and replace, or scarify and air dry, soil material that is too wet to permit
compaction to specified density.
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3.03
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BACKFILL AND FILL
A. Place specified soil material in layers to required subgrade elevations:
1. In excavations, use satisfactory excavated or borrow material.
2. Under grassed areas, use satisfactory excavated or borrow material.
3. Under walks and pavements, use subbase material, or satisfactory
excavated or borrow material, or combination of both. Place shoulders
along edges of subbase course to prevent lateral movement with
satisfactory excavated or borrow material.
4. Under steps, use subbase material.
5. Under building slabs, use drainage fill material.
6. Under piping and conduit, use subbase material where subbase IS
indicated under piping or conduit; shape to fit bottom 90 degrees of
cylinder.
B. Backfill excavations as promptly as work permits, but not until completion of the
following:
1. Acceptance of construction below finish grade including waterproofing
and perimeter insulation.
2. Inspection, testing, approval, and recording locations of underground
utilities.
3. Removal of shoring and bracing, and backfilling of voids with satisfactory
materials.
C. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and
deleterious materials from ground surface prior to placement of fills. Plow strip,
or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill
material will bond with existing surface.
D. When existing ground surface has a density less than that specified for particular
area classification, break up ground surface, pulverize, moisture-condition to
optimum moisture content, and compact to required depth and percentage of
maximum density.
E. Place backfill and fill materials in layers of 8 in. loose depth for material
compacted by heavy compaction equipment, and 4 in. in loose depth for material
compacted by hand operated tampers.
F. Before compaction, moisten or aerate each layer as necessary to provide
optimum moisture content. Do not place backfill or fill material on surfaces that
are muddy, frozen, or contain frost or ice.
G. Place backfill and fill materials evenly adjacent to structures, without wedging
against structures or displacement of piping or conduit. Compaction equipment
used within 10ft. of buried walls and soil supported structures shall not exceed
2000 Ibs.
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3.04
3.05
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GRADING
A. Grading Outside Building Lines: Grade areas adjacent to building lines to drain
away from structures and to prevent ponding and as follows:
1. Finish to within not more than 0.10 ft. above or below required subgrade
elevations.
2. Walks: Shape surface to line, grade and cross-section, with finish surface
not more than 0.10 ft. above or below required subgrade elevation.
3. Pavements: Shape surface to line, grade and cross-section, with finish
surface 1/2 in. above or below required subgrade elevation.
B. Grading Surface of Fill under Building Slabs: Grade smooth and even, free of
voids, compacted as specified, and to 1/2 in. below required elevation.
FIELD QUALITY CONTROL
A. Contractor will engage soil testing and inspection service for quality control
testing during earthwork operations.
B. Allow testing service to inspect and approve subgrades and fill layers before
further construction work is performed.
C. If in opinion of Engineer, based on testing service reports and inspection,
subgrade or fills which have been placed below specified density, provide
additional compaction and testing at no additional expense to Owner.
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
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SECTION 02210
FINE GRADING
Part 1 - 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.
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. 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 traversing the site that are designated to remain.
B. 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.
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Part 2 - Materials
2.01 Top Soil
A. In areas to receive turf, rough grade to allow for sod thickness in all areas to be
sodded, 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.
Part 3 - Execution
3.01 Excavation
A. Excavate or fill 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.
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
A. Compact each layer of fill in designated areas with approved equipment to
achieve a maximum density at optimum moisture, AASHTO T 180 - latest edition
at time of bid.
1. Under landscape 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
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3.04
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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.
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 2 inches 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
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SECTION 02221
TRENCHING, BEDDING, AND BACKFILL FOR PIPE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish labor, materials, equipment, and incidentals necessary to perform all
excavation, backfill, fill, grading and slope protection required to complete the
piping work shown on the Drawings and specified herein. The work shall
include, but not necessarily be limited to: catch basins, manholes, vaults, duct
conduit, pipe, and roadways and paving; all bedding, backfilling, fill and required
borrow; grading and disposal of surplus and unsuitable materials; and all related
work such as sheeting, bracing and water handling.
1.02 RELATED WORK
A. Section 02100: Site Preparation
1.03 QUALITY ASSURANCE
A. Codes and Standards: Perform excavation work in compliance with applicable
requirements of governing authorities having jurisdiction.
1.04 JOB CONDITIONS
A. The Contractor shall examine the site and review the available test borings or
undertake his own soil borings prior to submitting his bid, taking into
consideration all conditions that may affect his work. The Owner and Engineer
will not assume responsibility for variations of sub-soil quality or conditions at
locations other than places shown and at the time the investigation was made.
Boring log data is included in this section.
B. Existing Utilities: Locate existing underground utilities in the areas of work. If
utilities are to remain in place, provide adequate means of protection during
earthwork operations.
1. Should uncharted, or incorrectly charted, piping or other utilities be
encountered during excavation, consult the Engineer and the Owner of
such piping or utility immediately for directions.
2. Cooperate with Owner and utility companies in keeping respective
services and facilities in operation. Repair damaged utilities to
satisfaction of utility owner.
3. Demolish and completely remove from site existing underground utilities
indicated on the drawings to be removed.
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1.05
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C. Protection of Persons and Property: Barricade open excavations occurring as
part of this work and post with warning lights. Operate warning lights as
recommended by authorities having jurisdiction.
1. Protect structures, utilities, sidewalks, pavements, and other facilities
from damage caused by settlement, lateral movement, undermining,
washout and other hazards created by earthwork operations.
TRENCH PROTECTION
A. The Contractor shall construct and maintain sheeting and bracing as required to
support the sides of excavations, to prevent any movement which could in any
way diminish the width of the excavation below that necessary for proper
construction, and to protect adjacent structures, existing piping and foundation
material from disturbance, undermining, or other damage. Care shall be taken
to prevent voids outside of the sheeting, but if voids are formed they shall be
immediately filled and compacted.
B. For pipe trench sheeting, no sheeting is to be withdrawn if driven below
mid-diameter of any pipe, and no wood sheeting shall be cut off at a level lower
than 1 foot above the top of any pipe unless otherwise directed by the Engineer.
If during the progress of the work the Engineer decides that additional wood
sheeting should be left in place, he may direct the Contractor in writing. If steel
sheeting is used for trench sheeting, removal shall be as specified above, unless
written approval is given by the Engineer for an alternate method of removal.
C. All sheeting and bracing, not left in place, shall be carefully removed in such a
manner as not to endanger the construction or other structures, utilities, existing
piping, or property. All voids left or caused by withdrawal of sheeting shall
immediately be refilled with sand or ramming with tools es pecially adapted to that
purpose, by watering or otherwise as may be directed.
D. The right of the Engineer to order sheeting and bracing left in place shall not be
construed as creating any obligation on his part to issue such orders, and his
failure to exercise his right to do so shall not relieve the Contractor from liability
for damages to persons or property occurring from or upon the work occasioned
by negligence or otherwise, growing out of a failure on the part of the Contractor
to leave in place sufficient sheeting and bracing to prevent any caving or moving
of the ground.
DEWATERING, DRAINAGE AND FLOATATION
A. The Contractor shall construct and place all drainage piping, structural fill and
bedding rock, in-the-dry. In addition, the Contractor shall make the final 24
inches of excavation for this work in-the-dry and not until the water level is a
minimum of twelve inches below proposed bottom of excavation.
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B. The Contractor shall, at all times during construction, provide and maintain
proper equipment and facilities to remove promptly and dispose of properly all
water entering excavations and keep such excavations dry so as to obtain a
satisfactory undisturbed subgrade foundation condition until the fill and structure
to be built thereon have been completed to such extent that they will not be
floated or otherwise damaged by allowing water levels to return to natural
elevations.
C. Dewatering shall at all times be conducted in such a manner as to preserve the
natural undisturbed bearing capacity of the subgrade soils at proposed bottom of
excavation.
D. Well points may be required for predrainage of the soils prior to final excavation
for some of the deeper in-ground structures, and for maintaining the lowered
groundwater level until construction has been completed to such an extent that
the structure or fill will not be floated or otherwise damaged. Well points shall be
surrounded by suitable filter sand and no fines shall be removed by pumping.
Pumping from wellpoints shall be continuous and standby pumps shall be
provided.
E. The Contractor shall furnish all materials, permits and equipment and perform all
work required to install and maintain the drainage systems he proposes for
handling groundwater and surface water encountered during construction of
structures and compacted fills.
F. If requested by the Engineer, the Contractor's proposed method of dewatering
shall include a groundwater observation well at each structure to be used to
determine the water level during construction of the structure. Locations of the
observation wells shall be at structures as approved by the Engineer prior to their
installation. The observation wells shall be extended to 6 inches above finished
grade, capped with screw-on caps protected by 24" x 24" wide concrete base,
and left in place at the completion of this Project.
G. Prior to excavation, the Contractor shall submit his proposed method of
dewatering and maintaining dry conditions to the Engineer for approval.
However, such approval shall not relieve the Contractor of the responsibility for
the satisfactory performance of the system. The contractor shall be responsible
for correcting any disturbance or natural bearing soils or damage to structures
caused by an inadequate dewatering system or by interruption of the continuous
operation of the system as specified.
PART 2 - PRODUCTS
2.01 MATERIALS
A. General:
1. Materials for use as base, fill and backfill shall be as described below.
a. Satisfactory soil materials are defined as those complying with
ASTM 0-2321 soil classification designation Class I, II, and III.
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b. Unsatisfactory soil materials are those defined in ASTM D-2321
soil classification designation Class IV and V along with peat and
other highly organic soils.
2. Materials shall be furnished as required from off site sources and hauled
to the site.
B.
Foundation
1. A stable foundation must be provided to insure proper line and grade is
maintained. Unsuitable foundations must be stabilized at the engineer's
direction. Unsuitable or unstable foundations may be undercut and
replaced with a suitable bedding material, placed in 6" lifts. Other
methods of stabilization, such as geotextiles may be appropriate based
on the engineer's judgment.
C.
Bedding:
1. A stable and uniform bedding shall be provided for the pipe and any
protruding features of its joints and/or fittings. The middle of the bedding
equal to 1/3 of the 0.0. should be loosely placed, with the remainder
compacted to a minimum of 90% standard proctor density. Class I, II, and
III materials are suitable for use as bedding.
D.
Haunching
1. Proper haunching provides a major portion of the pipes strength and
stability therefore care must be exercised in insure placement and
compaction of the embedment material in the haunches. For larger
diameter pipes (>30") embedment materials should be worked under the
haunches by hand. Haunching materials may be Class I, II, or III and
must be placed and compacted in 8" maximum lifts, compacted to 90%
standard proctor density.
E.
Initial Backfill:
1. Initial backfill materials are required to a minimum of the pipe diameter for
proper structural performance of the pipe. The ASTM specifications
extend the initial backfill from the springline to 6"-12" above the pipe to
provide protection for the pipe from construction operations during
placement of the final backfill and protect the pipe form stones or cobbles
in the final backfill. For proper structural performance of the pipe, the
initial backfill need only extend to the pipe diameter. Class I, II, or III
materials may be used as initial backfill however:
a. Class I materials must be used in wet trenches if Class I bedding
and haunching materials are used.
b. Class II materials must be compacted in 6" lifts to 90% standard
proctor density.
c. Class III materials must be compacted in 6" lifts to 90% standard
proctor density.
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F. Final Backfill:
1. Final backfill may be Class I, II, or III and must be placed and compacted
in 12" maximum lifts and compacted to a minimum of 85% standard
proctor density to prevent excessive settlement at the surface.
2.02 SUBMITTALS
A. The Contractor shall furnish the Engineer, for approval, a representative sample
of fill material obtained from on-site sources at least ten calendar days prior to
the date of anticipated use of such material.
B. For each material obtained from other than on-site sources, the Contractor shall
notify the Engineer of the source of the material and shall furnish the Engineer,
for approval, a representative sample at least ten calendar days prior to the date
of anticipated use of such material.
PART 3 - EXECUTION
3.01 GENERAL
A. All excavation, backfill and grading necessary to complete the work shall be
made by the Contractor and the cost thereof shall be included in the Contract
price.
B. Material shall be furnished as required from off site sources and hauled to site.
C. The Contractor shall take all necessary precautions to maintain the work area in
a safe and workable condition.
D. The Contractor shall protect his work at all times by flagging, marking, lighting
and barricading. It shall also be the Contractor's responsibility to preserve and
protect all above and underground structures, pipelines, conduits, cables, drains,
or utilities which are existing at the time he encounters them. Failure of the
Drawings to show the existence of these obstructions shall not relieve the
Contractor from this responsibility. The cost of repair of damage which occurs to
these obstructions during or as a result of construction shall be borne by the
Contractor without additional cost to the Owners.
3.02 INSPECTION
A. Examine the areas and conditions under which excavating, filling, and grading
are to be performed. Do not proceed with the work until unsatisfactory
conditions have been corrected.
B. Examine and accept existing grade of athletic field, swale, walks, pavements and
steps prior to commencement of work and report to Engineer if elevations of
existing subgrade substantially vary from elevations shown on the Drawings.
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3.03
06/07
TRENCH EXCAVATION
A. Excavation for all trenches required for the installation of pipes shall be made to
the depths indicated on the Drawings. Excavate trench to provide minimum of
30-inch clear cover over the pipe bell unless otherwise noted on the Drawings.
Excavate in such manner and to such widths as will give suitable room for laying
the pipe within the trenches, for bracing and supporting and for pumping and
drainage facilities. The trench width at the top of the pipe shall not exceed the
allowable as determined by the depth of cut and indicated on the Drawings.
B. 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.
C. Rock shall be removed to a minimum 8-inches clearance around the bottom and
sides of all the pipe or ducts being laid.
D. Where pipe is to be laid in Iimerock bedding or encased in concrete, the trench
may be excavated by machinery to or just below the designated subgrade
provided that the material remaining in the bottom of the trench remains
undisturbed.
E. Where the pipes or ducts are to be laid directly on the trench bottom the lower
part of the trenches shall not be excavated to the trench bottom by machinery.
The last of the material being excavated shall be done manually in such a
manner that will give a flat bottom true to grade so that pipe can evenly and
uniformly supported along its entire length on undisturbed material or bedding
rock. Bell holes shall be made as required manually so that there is no bearing
surface on the bells and pipes are supported along the barrel only.
F. The bottom of the excavations shall be firm and dry and in all respects
acceptable to the Engineer. Excavate any organic soil material from the bottom
of the trench and replace with rock bedding, at least 4 inches thick.
G. Excavation is Unclassified, and includes excavation to subgrade elevations
indicated, regardless of character of materials and obstructions encountered.
H. 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.
I. Additional Excavation:
1. When unsuitable bearing materials are encountered at required subgrade
elevations, carry excavations deeper and replace excavated material as
directed by Engineer.
2. Removal of unsuitable material and its replacement as directed will be
paid on basis of contract conditions relative to changes in work.
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06/07
J.
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.
K.
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.
L.
Dewatering:
1. Prevent surface water and subsurface or groundwater from flowing into
excavations.
2. Do not allow water to accumulate in excavations.
3. Provide and maintain pumps, well points, sumps, suction and discharge
lines, and other dewatering system components necessary to convey
water away from excavations.
M.
Stockpile satisfactory excavated materials where directed, until required for
backfill or fill. Place, grade and shape stockpiles for proper drainage.
N.
Trenches shall be uniform width required for the particular item to be installed,
sufficiently wide to provide ample working room. Provide minimum 8 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.
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3.04
3.05
06/07
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 30" below finished grade.
6. Grade bottoms of trenches as indicated, notching under pipe bells to
provide solid bearing for entire body of pipe.
N. Do not backfill trenches until tests and inspections have been made and
backfilling authorized by Engineer.
PIPE INTERFERENCES
A. The contractor shall abide by the following schedule of criteria concerning
interferences with other utilities.
1. In no case shall there be less than 0.3 feet between any two pipelines
and structures.
2. Class I Concrete Encasement: Wherever there is more than 0.3 foot, but
not less than 1.5 foot clearance between water mains or water services,
then a concrete encasement shall be provided in accordance with the
typical detail as shown on the Drawings.
3. Class 1/ Concrete Encasement: Wherever there is more than 0.3 foot,
but less than 1.0 foot clearance between any two pipe lines, or between
pipe lines and structures, then a concrete encasement shall be provided
in accordance with the typical detail as shown on the Drawings.
B. The Engineer shall have full authority to direct the placement of the various pipes
and structures in order to facilitate construction, expedite completion and to
avoid conflicts.
BACKFilLING
A. Backfilling over pipes shall begin as soon as practical after the pipe has been
laid, jointed, and inspected and the trench filled with suitable compacted material
to the mid-diameter of the pipe.
B. All backfilling shall be prosecuted expeditiously as work permits, but not until
completion of the following:
1. Acceptance of construction below finish grade including waterproofing
and perimeter insulation.
2. Inspection, testing, approval, and recording locations of underground
utilities.
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06/07
F.
3. Removal of shoring and bracing, and backfilling of voids with satisfactory
materials.
C.
Foundation
1. A stable foundation must be provided to insure proper line and grade is
maintained. Unsuitable foundations must be stabilized at the engineer's
direction. Unsuitable or unstable foundations may be undercut and
replaced with a suitable bedding material, placed in 6" lifts. Other
methods of stabilization, such as geotextiles may be appropriate based
on the engineer's judgment.
D.
Bedding:
1. A stable and uniform bedding shall be provided for the pipe and any
protruding features of its joints and/or fittings. The middle of the bedding
equal to 1/3 of the O.D. should be loosely placed, with the remainder
compacted to a minimum of 90% standard proctor density. Class I, II, and
III materials are suitable for use as bedding.
E.
Haunching
1. Proper haunching provides a major portion of the pipes strength and
stability therefore care must be exercised in insure placement and
compaction of the embedment material in the haunches. For larger
diameter pipes (>30") embedment materials should be worked under the
haunches by hand. Haunching materials may be Class I, II, or III and
must be placed and compacted in 8" maximum lifts, compacted to 90%
standard proctor density.
Initial Backfill:
1. Initial backfill materials are required to a minimum of the pipe diameter for
proper structural performance of the pipe. The ASTM specifications
extend the initial backfill from the springline to 6"-12" above the pipe to
provide protection for the pipe from construction operations during
placement of the final backfill and protect the pipe form stones or cobbles
in the final backfill. For proper structural performance of the pipe, the
initial backfill need only extend to the pipe diameter. Class I, II, or III
materials may be used as initial backfill however:
a. Class I materials must be used in wet trenches if Class I bedding
and haunching materials are used.
b. Class II materials must be compacted in 6" lifts to 90% standard
proctor density.
c. Class III materials must be compacted in 6" lifts to 90% standard
proctor density.
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3.06
06/07
G. Final Backfill:
1. Final backfill may be Class I, II, or III and must be placed and compacted
in 12" maximum lifts and compacted to a minimum of 85% standard
proctor density to prevent excessive settlement at the surface.
H. When existing ground surface has a density less than that specified for particular
area classification, break up ground surface, pulverize, moisture-condition to
optimum moisture content, and compact to required depth and percentage of
maximum density.
I. 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.
J. Place backfill and fill materials evenly adjacent to structures, without wedging
against structures or displacement of piping or conduit. Compaction equipment
used within 10ft. of buried walls and soil supported structures shall not exceed
2000 Ibs.
COMPACTION
A. Areas to be compacted shall be moistened and compacted by either rolling,
tamping or any other approved method by the Engineer in order to obtain 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 material, to prevent free water appearing on surface
during or subsequent to compaction operations.
1. 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.
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3.07
06/07
GRADING
A. Grading shall be performed at such places as are indicated on the Drawings, to
the lines, grades and elevations shown or as directed by the Engineer and shall
be made in such manner that the requirements for formation of embankments
can be followed. All unacceptable material encountered, of whatever nature
within the limits indicated, shall be removed and disposed of as directed. During
the process of excavation, the grade shall be maintained in such condition that it
will be well drained at all times. When directed, temporary drains and drainage
ditches shall be installed to intercept or divert surface water which may affect the
prosecution or condition of the work.
B. If at the time of excavation it is not possible to place any material in its proper
section of the permanent structure, it shall be stockpiled in approved areas for
later use. No extras will be considered for the stockpiling or double handling of
excavated material.
C. The right is reserved to make minute adjustments or revisions in lines or grades
if found necessary as the work progresses, due to discrepancies on the
Drawings or in order to obtain satisfactory construction.
D. 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.
E. Grading Outside Athletic Field Lines: Finished grade adjacent to or outside of
athletic field shall be restored to original elevations.
F. Stones or rock fragments larger than 2 1/2 inches in their greatest dimensions
will not be permitted in the top 6 inches of the subgrade line of all fills or
embankments.
G. All fill slopes shall be uniformly dressed to the slope, cross-section and alignment
shown on the Drawings, or as directed by the Engineer.
H. In cut, all loose or protruding rocks on the back slopes shall be barred loose or
otherwise removed to line or finished grade of slope. All cut and fill slopes shall
be uniformly dressed to the slope, cross-section and alignment shown on the
Drawings or as specified by the Engineer.
I. No grading is to be done in areas where there are existing pipe lines that may be
uncovered or damaged until such lines which must be maintained are relocated,
or where lines are to be abandoned, all required valves are closed and drains
plugged at manholes.
J. The Contractor shall replace all pavement cut or otherwise damaged during the
progress of the work as specified elsewhere herein or as shown on the
Drawings.
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3.08
06/07
DISPOSAL OF UNSUITABLE AND SURPLUS MATERIAL
A. All surplus and unsuitable excavated material shall be disposed of at the
Contractor's cost in one of the following ways as directed by the Engineer.
1. Transport to soil storage area on Owner's property and stockpile or
spread as directed by the Engineer.
2. Transport from Owner's property and legally dispose of. Any permit
required for the hauling and disposing of this material beyond Owner's
property shall be obtained prior to commencing hauling operations.
Copies of all required permits shall be provided to the Engineer.
B. Suitable excavated material may be used for fill if it meets the specifications for
common fill and is approved by the Engineer. Excavated material so approved
may be neatly stockpiled at the site where designated by the Engineer provided
there is an area available where it will not interfere with the operation of the
facility nor inconvenience traffic or adjoining property owners.
END OF SECTION
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SECTION 02223
EXCAVATION BELOW NORMAL GRADE AND GRAVEL REFILL
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. If in the opinion of the Engineer, the material at or below the normal grade of the
bottom of the trench (0.7 feet below the invert of the pipe) is unsuitable for
foundation, it shall be removed to the depth directed by the Engineer and replaced
by drain rock, as specified in Section 02221 - Trenching, Bedding, and Backfill for
Pipe.
B. It shall be the Contractor's responsibility to provide trench safety systems such as
sheeting and bracing in accordance with state and local regulations.
1.02 RELATED WORK
A. Section 02221: Trenching, Bedding and Backfill for Pipe.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Drain rock shall be 3/4 inch washed and graded limerock. The rock shall be graded
so that 99% will pass a 3/4 inch screen and 80% will be retained on a No. 8
screen. Material meeting the Florida Department of Transportation Standard
Specifications for No. 57 stone shall be acceptable.
PART 3 - EXECUTION
3.01 EXCAVATION AND DRAINAGE
A. Whatever the nature of unstable material encountered or the groundwater
conditions, trench drainage shall be complete and effective.
B. If the Contractor excavates below grade through error or for his own convenience,
or through failure to properly dewater the trench, or disturbs the sub-grade before
dewatering is sufficiently complete, he may be directed by the Engineer to
excavate below grade as set forth in the preceding paragraph, in which case the
work of excavating below grade and finishing and placing the refill shall be
performed at his own expense.
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3.02
06/07
REFILL
A. If the material at the level of trench bottom consists of fine sand or sand and silt
which may work into the drain rock prohibiting effective drainage, the sub-grade
material shall be removed to the extent directed and the excavation refilled with
coarse sand, or a mixture graded from coarse sand to fine pea-stone, to form a
filter layer preserving the voids in the gravel bed of the pipe. The composition and
gradation of gravel shall be approved by the Engineer prior to placement. Gravel
shall be placed in 6 inch layers thoroughly compacted to 90 percent of maximum
standard proctor density. If directed by the Engineer, drain rock shall be used for
refill of excavation below grade.
END OF SECTION
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SECTION 02513
ASPHALTIC CONCRETE PAVING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required and place
asphaltic concrete pavement in accordance with the grades and typical sections
shown on the Drawings and as specified herein.
1.02 RELATED WORK
A. Section 02200 - Earthwork.
1.03 SUBMITTALS
A. Submit shop drawings as specified in Section 01340.
PART 2 - PRODUCTS
2.01 MATERIALS
A. All Materials shall conform to the requirements of the Florida Department of
Transportation Specifications.
PART 3 - EXECUTION
3.01 INSTAllATION
A. The subgrade preparation shall comply with the requirements of the Florida
Department of Transportation Specifications. All soft and yielding material and
other portions of the subgrade which will not compact readily shall be removed
and replaced with suitable material and the whole subgrade brought to line and
grade and to a foundation of uniform compaction and supporting power.
B. The top 12 inches of the subgrade, in both cut and fill sections, shall be
compacted to a density of not less than 100 percent of the maximum density as
determined by the AASHTO Method T-180. If shown on the Drawings, compact
subgrade to a Florida Bearing Value of 75 psi. Unless the subgrade material at
the time of compacting contains sufficient moisture to permit proper compaction it
shall be moistened as necessary and then compacted. Subgfade material
containing excess moisture shall be permitted to dry to the proper consistency
before being compacted. The subgrade shall be shaped prior to making the
density tests. The required density shall be maintained until the base or
pavement has been laid or until the aggregate materials for the base or
pavement course have been spread in place.
C. The minimum compacted thickness of the limerock base shall be 12 inches
applied in three layers of equal depth unless otherwise shown on the Drawings.
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D. Before the prime coat is applied, all loose material, dust, dirt or other foreign
material which might prevent bond with existing surface shall be moved to the
shoulders to the full width of the base by means of revolving brooms, mechanical
sweepers, blowers, supplemented by hand sweeping or other approved
methods. The glazed finish shall have been removed from the base. The prime
coat shall be applied by a pressure distributor so that approximately 0.1 gallons
per square yard is applied uniformly and thoroughly to a clean surface.
E. Prior to the application of the surface course, all loose material, dust, dirt and all
foreign material which might prevent proper bond with the existing surface shall
be removed to the full width of the repair by means of approved mechanical
sweepers and supplemented by hand sweeping if required.
F. Apply bituminous tack coat at a rate between 0.02 and 0.10 gallons per square
yard. Bituminous material shall be heated as per manufacturers
recommendations.
G. The truing and leveling asphaltic concrete shall be placed in lifts of three-quarter
inches (3/4") maximum. Overlay asphalt shall be placed in one 1" lift.
H. All manhole castings, valve boxes or other utility castings within the area to be
surfaced shall be adjusted to the proposed surface elevation by the Contractor.
The work shall be accomplished in such a manner as to leave the casting fixed
permanently in its correct position at no additional cost to the Owner.
3.02 PAVEMENT REPAIR
A. All damage to pavement as a result of the work (construction or maintenance)
under this contract shall be repaired according to the plans and specifications at
the Contractor's cost. Pavement shall be repaired to match the original surface
material and original grade, however, the asphalt concrete thickness shall not be
less than 1 inch. The repair shall include the preparation of the subgrade, the
placing and compacting of the limerock base in 6" maximum lifts, the preparation
and priming of the base, the placing and maintaining of the surface treatment, all
as specified herein and as shown on the Drawings.
B. The width of all repairs shall extend at least 12 inches beyond the limit of the
damage or as shown on the Drawings. The edge of the pavement to be left in
place shall be saw cut to a true edge and should provide a clean edge to abut the
repair. The line of the repair shall be reasonably uniform with no unnecessary
irregularities.
3.03 TESTING
A. The Contractor shall have density, soil bearing, materials and such other tests
performed as directed by the Engineer and shall pay the costs of such tests in
accordance with Section 01410. The Contractor shall fully cooperate with the
testing agency.
END OF SECTION
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SECTION 02580
PAVEMENT MARKINGS AND SIGNING
PART 1 - GENERAL
1.01 SCOPE
A. The Contractor shall supply all labor, equipment, materials and incidentals
necessary to install pavement markings and signing in accordance with the plans
and the following specifications.
1.02 REFERENCED SPECIFICATIONS, CODES AND STANDARDS
A. Manual of Uniform Control Devices, latest edition
B. FDOT Design Standards, 1992 edition (as applicable)
C. FDOT Standard Specifications for Road and Bridge Construction, 1991 edition
(as applicable)
PART 2 - PRODUCTS
2.01 MATERIALS
A. Thermoplastic traffic stripes and markings shall meet the requirements of
AASHTO M249-79 (1986) and exceptions as indicated in the "FDOT Standard
Specifications for Road and Bridge Construction", 1991 edition.
B. Signs - General:
1. The design and construction of traffic signs shall be in accordance with
the following standards:
+ Manual of Uniform Control Devices, Latest edition
+ Florida DOT Standard Specifications
+ Florida DOT Roadway and Traffic Design Standards
2. Shop drawings and quantities for paint overhead sign structures, special
designs for ground sign structures, shall be submitted to the Engineer for
approval.
PART 3 - EXECUTION
A. Parking stalls shall be marked in accordance with the typical pattern indicated on
the criteria drawings. Stall width and depth, and drive widths indicated are
minimum and must not be reduced.
B. Directional arrows shall be marked on pavement in location and of size indicated
on drawings.
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Paint top and face of concrete curb at front sidewalk, parking lot entrances and
traffic islands and asphalt entrance ramps.
Paint concrete base and base plate at all parking lot lighting structures and steel
pipe base of handicapped parking identification sign.
Paint all precast concrete bumpers (except where used as a continuous curb).
Paint all chatter strips and raised dividers.
Paint all sitework protective guard posts beyond five (5) feet of the building.
Entrances shall be properly marked by painting directional arrows on the
pavement in the location and of the size indicated on the drawings.
END OF SECTION
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SECTION 02611
REINFORCED CONCRETE PIPE
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Furnish all labor, materials, equipment and incidentals required and install in the
locations as shown on the drawings, the reinforced concrete pipe (R.C.P.) and
appurtenances as described herein.
1.02 RELATED WORK
A. Section 02221: Trenching, Bedding and Backfill for Pipe
1.03 DESCRIPTION OF SYSTEM
A. Piping shall be installed at the location shown on drawings.
1.04 QUALIFICATIONS
A. All R.C.P. and appurtenances shall be furnished by a single manufacturer who is
fully experienced, reputable, and qualified in the manufacture of the items to be
furnished. The equipment shall be designed, constructed, and installed in
accordance with the best practices and methods and shall comply with these
Specifications.
1.05 SUBMITTALS
A. Shop drawings shall be submitted to the Engineer for approval and shall include
dimensioning and technical specification for all piping to be furnished.
1.06 TOOLS
A. Special tools, solvents, lubricants, and caulking compounds required for normal
installation shall be furnished with the pipe.
PART 2 - PRODUCTS
2.01 MATERIALS
A. R.C.P. shall be in accordance with ASTM C-76-88 Class II wall B and as
manufactured by United States Concrete Pipe Co. or approved equal.
B. All pipe shall be bundled or packaged in such a manner as to provide adequate
protection for the ends, threaded, or flanged, during transportation from the
manufacturer.
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PART 3 - EXECUTION
3.01 INSTAllATION
A. The installation of reinforced concrete pipe shall be strictly in accordance with the
manufacturer's technical data and printed instructions.
END OF SECTION
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SECTION 02613
CORRUGATED METAL DRAINAGE PIPE
PART i-GENERAL
1.01 WORK INCLUDED
A. Furnish labor, materials, equipment, and incidentals required to install the
corrugated metal pipe including pipe, foundation, joint couplers and fittings as
shown on the drawings.
1.02 RELATED SECTIONS
A. Section 03300: Cast-in-Place Concrete
1.03 SYSTEM DESCRIPTION
A. Corrugated metal pipes will be utilized to interconnect the ditch at the designated
area on the plans. See details on plans.
1.04 SUBMITTALS
A. Submit shop drawings to Engineer for approval.
B. Shop drawings to show layout of entire trench system designating component
parts and accessories.
1.05 INSPECTION
A. The quality of the finished pipe shall be subject to inspection and approval by the
Engineer, or other representative of the Owner. Pipe rejected after delivery shall
be marked for identification and shall be removed from the job at once.
B. The manufacturer shall inspect all pipe joints for out-of-roundness and pipe ends
for squareness. The manufacturer shall furnish to the Engineer a notarized
affidavit stating all pipe meets the requirements of AASHTO M-196, these
Specifications, and the joint design with respect to square ends and out-of-round
joint surfaces.
PART 2-PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS
A. Kaiser Aluminum, Inc.
B. Gator Culvert Co. 865 N. Dixie Highway, Lantana, FI. 33465
C. Contech Construction Products, Inc., P.O. Box 800, Middletown, OH, 45042.
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2.02 CORRUGATED ALUMINUM PIPE
A. Pipe shall conform to the FDOT Section 945 including the requirements of
AASHTO M-196. All pipe shall be round.
B. Fittings shall be provided as shown on the drawings.
C. Pipe joints shall be comparable to the Armco "Hugger-Type" joint which utilizes
forged steel bars secured to the connecting bar with tension straps and rubber
O-Ring type gaskets.
D. End sections shall be provided as shown on the drawings.
E. Pipe wall thickness shall be from 0.048 to 0.164 inch and shall have helical
corrugations with riveted seams in conformance with FDOT Section 945 TABLE
I.
F. Pipe shall be able to withstand normal H-20 Design live loading when properly
installed.
2.03 CORRUGATED ALUMINUM PERFORATED PIPE
A. Pipe shall conform to the FDOT Section 945 including the requirements of
AASHTO M-196. Pipe shall be round.
B. Fittings and end sections shall be provided as shown on the drawings.
C. Pipe joints shall be the "Hugger-Type" joint only modified to accommodate the
slotted grate in the pipe.
D. Pipe wall thickness shall conform to FDOT Section 945 TABLE I and be from
0.48 to 0.164 inch with helical corrugations and riveted seams.
E. Pipe with perforations, where specified on the drawings, shall be 5/16-inch
diameter with a spacing of 1 718 inches center to center.
PART 3 - EXECUTION
3.01 HANDLING PIPE AND FITTINGS
A. Care shall be taken in loading, transporting and unloading to prevent injury to the
pipe or coatings. Pipe or fittings shall not be dropped. All pipe or fittings shall be
examined before laying, and no piece shall be installed which is found to be
defective. Any damage to the pipe coatings shall be repaired as directed by the
Engineer.
B. All pipe and fittings shall be subjected to a careful inspection prior to being laid or
installed.
C. If any defective pipe is discovered after it has been laid it shall be removed and
replaced with a sound pipe in a satisfactory manner at no additional expense to
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3.02
3.03
3.04
06/07
the Owner. All pipe and fittings shall be thoroughly cleaned before laying, shall
be kept clean until they are used in the work, and when installed or laid, shall
conform to the lines and grades required.
LAYING PIPE AND FITTINGS
A. Pipe and fittings shall be installed In accordance with requirements of the
manufacturer.
B. All pipe shall be sound and clean before laying. When laying is not in progress,
including lunchtime, the open ends of the pipe shall be closed by watertight plugs
or other approved means.
C. As soon as the excavation is completed to the normal grade of the bottom of the
trench, immediately place screen gravel or crushed stone (where applicable)
bedding in the trench, and then the pipe shall be firmly bedded in this material to
conform accurately to the line and grade indicated on the he drawings. Blocking
under the pipe will not be permitted. Bedding shall conform with the detail
drawings.
D. When cutting pipe is required, the cutting shall be done by machine, leaving a
smooth cut as right angles to the axis of the pipe.
E. Unless otherwise specified, pipe shall be joined in accordance with the
manufacturer's requirements and in a safe and secure manner. Pipe joints shall
be kept to a minimum. Leaks in joints shall be repaired immediately.
CLEANING AND FLUSHING
A. The pipe shall be thoroughly cleaned of all foreign matter before installation. It is
the Contractor's responsibility to insure cleanliness of the pipe during installation
and backfilling. At the conclusion of the work, the Contractor shall thoroughly
clean all of the pipe, if necessary, by flushing with water. Debris cleaned from
the lines shall be removed from the lowest outlet. If, after this cleaning,
obstructions remain, they shall be removed.
INSPECTION
A. After the pipe is cleaned, the Engineer will examine the pipe for leaks. If
defective pipes or joints are discovered at this time, they shall be repaired by the
Contractor.
END OF SECTION
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SECTION 02630
STORM DRAINAGE PIPING
PART 1 - GENERAL
1.01 SCOPE OF WORK
A. Provide all labor, materials, necessary equipment and services to install the
storm drainage piping 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 02221 - Trenching, Bedding, and Backfill for Pipe
D. Section 02223 - Excavation Below Normal Grade and Gravel Refill
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.
A. GENERAL:
All construction and materials shall conform to the Standards and Specifications of the
City of Sunny Isles Beach, Miami-Dade Water and Sewer Department (MDWASD), and
all other local and national codes where applicable.
All construction shall be performed in a safe manner, specifically, the rules and
regulations of the Occupational Safety and Health Administration (OSHA) and the
Manual of Uniform Traffic Control Devices (MUTCD) shall be strictly observed.B.
MATERIALS
This specification applies to high density polyethylene corrugated pipe with an integrally
formed smooth waterway. Nominal sizes for which this specification is acceptable are
100 -1500 mm (4 - 60 inch) diameters. Sizes 100 - 1500 mm (4 - 60 inch) shall be
either AASHTO Type'S' or Type 'D' as follows. Sizes 100 - 1500 mm (4 - 60 inch)
designated as MSHTO Type'S' (N-12) shall have a full circular cross-section, with an
outer corrugated pipe wall and an essentially smooth inner wall (waterway).
Corrugations for Type'S' sizes 100 - 1500 mm (4 - 60 inch) shall be annular (N-12).
Sizes 1050 - 1500 mm (42 thru 60 inch) designated as MSHTO Type 'D' (N-12HC)
shall consist of an essentially smooth waterway braced circumferentially with circular ribs
which are formed simultaneously with an essentially smooth outer wall. The 1050 - 1500
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mm (42 thru 60 inch) (N-12HC) sizes shall conform to AASHTO Type 'D' (which
describes dual wall pipe with a smooth waterway).
Pipe manufactured for this specification shall comply with the requirements for test
methods, dimensions and markings found in AASHTO Designations M252, M294 and
MP7. Pipe and fittings shall be made from virgin PE compounds which conform with the
applicable current edition of the AASHTO Material Specifications for cell classification as
defined and described in ASTM D3350.
The fittings shall not reduce or impair the overall integrity or function of the pipeline.
Fittings may be either molded or fabricated. Common corrugated fittings include in-line
joint fittings, such as couplers and reducers, and branch or complimentary assembly
fittings such as tees, wyes and end caps. These fittings may be installed by various
methods such as snap-on, bell and spigot, bell - bell and wrap around couplers.
Couplers shall provide sufficient longitudinal strength to preserve pipe alignment and
prevent separation at the joints. Only fittings supplied or recommended by the
manufacturer shall be used. Where designated on the plans or project specifications, an
elastomeric gasket meeting the requirements of ASTM F477 shall be supplied.
Installation of the pipe specified above shall be in accordance with either AASHTO
Section 30 or ASTM Recommended Practice 02321 as described elsewhere in these
specifications and as recommended by the manufacturer.
Perforated pipe within the drain field shall be Class II, CD SLOT, for 4" - 10" diameter
piping and Class II, E (Circular), for 12" - 18" diameter piping.
Corrugated polyethylene pipe shall be manufactured in accordance with ASTM F405
and AASHTO M252 as manufactured by ADS, or approved equal.
END OF SECTION
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SECTION 02931
SODDING
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish all labor, materials, equipment and incidentals required to prepare lawn
bed and install sodding as shown on contract drawings and as specified herein.
B. Area to receive sodded grass lawns within the landscape limits shown on the
drawings except as noted herein shall be as designated on the Drawings.
1.02 SUBMITTALS
A. Provide technical data as specified in Section 01340 for shop drawings on all
materials or installation procedures required under this Section.
B. Submit representative topsoil samples for analysis by a private laboratory to
determine nutrient deficiencies and outline a proper fertilization program.
C. Submit as provided in Section 01720 certifications required for all sodding
supplied.
PART 2 - PRODUCTS
2.01 SOD
A. Sod shall be St. Augustine Floritam of firm texture having a compacted growth
and good root development as approved.
B. Sod shall be certified to meet Florida State Plant Board specifications, absolutely
true to varietal type, and free from weeds or other objectionable vegetation,
fungus, insects and disease of any kind.
C. Before being cut and lifted, the sod shall have been mowed 3 times with the final
mowing not more than a week before cutting into uniform dimensions.
2.02 SOIL CONDITIONERS
A. Fertilizer:
1. Fertilizer shall be a complete fertilizer, the elements of which are derived
from organic sources. Fertilizer shall be a standard product complying
with State and Federal fertilizer laws.
2. Percentages of nitrogen, phosphorus and potash shall be based on
laboratory tests on soils outlined in Paragraph 1.028 and approved by the
Engineer. For purpose of bidding, assume 6% nitrogen, 6% phosphorus
and 6% potash by weight. At least 50% of the total nitrogen shall contain
no less than 3% water-insoluble nitrogen.
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3. Fertilizer shall be delivered to the site, mixed as specified, in the original
unopened standard size bags showing weight, analysis and name of
manufacturer. Containers shall bear the manufacturer's certificate of
compliance covering analysis shall be furnished to the Engineer. Store
fertilizer in a weather-proof place and in such a manner that it will be kept
dry and its effectiveness will not be impaired.
B. Superphosphate shall be composed of finely ground phosphate rock as
commonly used for agricultural purposes containing not less than 20% available
phosphoric acid.
PART 3 - EXECUTION
3.01 lAWN BED PREPARATION
A. Areas to be sodded shall be cleared of all rough grass, weeds and debris, and
the ground brought to an even grade as approved.
B. The soil shall then be thoroughly tilled to a minimum 8-inch depth.
C. Superphosphate at a rate for bidding purposes of 5 pounds per 1000 square foot
and complete fertilizer at a rate for bidding purposes of 16 pounds per 1000
square foot shall be evenly distributed over entire area and cross-disced in to a
depth of 4-6 inches.
D. The areas shall be brought to a proper grade, free of sticks, stones, or other
foreign matter over i-inch in diameter or dimension. The surface shall conform
to finish grade, less the thickness of sod, free of water-retaining depressions, the
soil friable and uniformly firm texture.
3.02 SOD HANDLING AND INSTAllATION
A. During delivery, prior to planting, and during the planting of the lawn areas, the
sod panels shall at all times be protected from excessive drying and unnecessary
exposure of the roots to the sun. All sod shall be stacked during construction
and planting so as not to be damaged by sweating or excessive heat and
moisture.
B. After completion of soil conditioning as specified above, sod panels shall be laid
tightly together so as to make a solid sodded lawn area. On mounds and other
slopes, the long dimension of the sod shall be laid perpendicular to the slope.
Immediately following sod laying the lawn areas shall be rolled with a lawn roller
customarily used for such purposes, and then thoroughly watered.
C. Bring the sod edge in a neat, clean manner to the edge of all paving and shrub
areas. Top dressing with approved, clean, weed free, sand may be required at
no additional cost to the Owner if deemed necessary by the Engineer.
3.03 MAINTENANCE
A. The Contractor shall produce a dense, well established lawn. The Contractor
shall be responsible for the repair and resodding of all eroded or bare spots until
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3.04
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project acceptance. Repair sodding shall be accomplished as in the original
work except that fertilizing may be omitted.
B. Sufficient watering shall be done by the Contractor to maintain adequate
moisture for optimum development of the lawn areas. Sodded areas shall
receive no less than 1.5 inches of water per week.
REPAIRS TO LAWN AREAS DISTURBED BY CONTRACTOR'S OPERATIONS
A. Lawn areas planted under this Contract and lawn ares outside the designated
areas damaged by Contractor's operations shall be repaired at once by proper
sod bed preparation, fertilizing and resodding, in accordance with these
specifications.
END OF SECTION
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SECTION 03300
CAST-iN-PLACE CONCRETE
PART 1 - GENERAL
1.01 WORK INCLUDED
A. Furnish labor, materials, equipment and incidentals required to place cement and
concrete masonry, reinforcing steel, forms, waterstops and miscellaneous related
items including sleeve, reglets, anchor bolts, inserts and embedded items specified
under other Section.
1.02 RELATED WORK
A. 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. AC I 318-89 Reinforced Concrete
E. ASTM C-143 Concrete Mix
F. ASTM C-231 Concrete Testing
G. ASTM C-33 Concrete Aggregates
H. ASTM C-87 Mortar Strength
I. ASTM C-40 Concrete Aggregates
J. ASTM C-494 Concrete Ad Mixtures
K. ACI 304 Truck Mixers
L. ASTM C-31 Field Testing
M. ASTM C-39 Concrete Testing
N. ASTM C-42 Concrete Testing
1.04 DESCRIPTION
A. Concrete shall be of Portland cement, ASTM C-94, fine aggregate, coarse
aggregate, water and admixtures as specified and shall be ready-mixed, or
transit-mixed concrete. All constituents, including admixture, shall be batched at
the central batch plant.
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1.05
1.06
06/07
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.
SUBMITTALS
A. Submit, as provided in the General Conditions and Section 01340, shop drawings
showing placement of forms, form joints, major inserts and blockouts.
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.
TABLE A
Minimum
Compo Str.
psi at 28 days
Maximum Net
Water Content
gals/100 Ibs*
Minimum
Cement Factor
100 Ibs/cu yd**
2500
3000
3500
4000
7.4
7.0
6.4
5.85
4.3
4.8
5.64
5.64
*Maximum; decrease if possible. This represents total water in mix at time of
mixing, including free water on aggregates, and water in admixture solution.
**Minimum; increase as necessary to meet other requirements. These cement
factors apply to "controlled" concrete subject to specific inspection.
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When high-early-strength Portland cement is permitted, the same strength
requirements shall apply except that the indicated strengths shall be attained at
seven (7) days instead of twenty-eight (28) days.
If during the progress of the work it is impossible to secure concrete of the required
workability and strength with the materials being furnished, the Engineer may order
such changes in proportions or materials, or both, as may be necessary to secure
the desired properties. All changes so ordered shall be made at the Contractor's
expense.
If during the progress of the work the Contractor desires to use materials other
than those originally approved, or if the materials from the sources originally
approved change in characteristics, the Contractor shall, at his own expense, have
made new acceptance tests of aggregates and establishment of new basic
mixtures and submit them to the Engineer for approval.
Consistency of the concrete as measured by the ASTM Designation C143 shall be
as shown in (Table B).
TABLE B
Portion of Structure
Slump
Max.*
(inches)
Min.
Pavement and slabs on ground 3 2
Plain footings, gravity walls,
slabs and beams 3 2
Heavy reinforced foundation
walls and footings 4 2
Thin reinforced walls and columns 4 2
* May be increased i-inch if proper method of consolidation is used.
Concrete shall be of such consistency and mix composition that it can be readily
worked into the corners and angles of the forms and around the reinforcement,
inserts, and wall castings without permitting materials to segregate or free water to
collect on the surface, due consideration being given to the methods of placing and
compacting.
No excessively wet concrete will be permitted, and if at any time concrete of such
consistency beyond the limits of Table B is delivered to the job, the Engineer may
direct the Contractor to reject same or to add extra cement for which no additional
payment will be made. A supply of the approved cement shall be kept available at
the site for this purpose. 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.
The entrained air, as measured by the Pressure Method, ASTM C231, shall be as
shown in (Table C).
TABLE C
Nominal Maximum Size
of Coarse Aqqreqate(in)
Total Air Measured at
Discharqe from truck (%)
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2"
1"
3/4"
1.07 ACCEPTANCE TESTS
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.
TABLE 0
Design
Strength
Min. Lab.
7 Days*
Strength
28 Oays**
3000
3500
4000
2500
3000
3500
3500
4100
4600
*
May be employed by preliminary design.
To be used for final designs.
**
E. In no case, however, shall the resulting mix conflict with the limiting values for
maximum water-cement ratios and minimum cement contents as specified in Table
A.
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
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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
% Passinq
NO.4
16
50
100
95-100%
60-75
1 3-30
3-8
Fineness Modulus
Organics
2.4-2.6
Organic Plate 2, per ASTM
C-40
2.0% maximum
95% minimum as per ASTM
C87, Section 10
8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
Silt
Mortar Strength
Soundness
2. Coarse aggregate shall consist of well-graded crushed rock or washing
gravel conforming to the requirements of ASTM Specification C-33 and the
following detailed requirements:
Organics
Organic Plate 1, per ASTM
C-40
1.0% maximum
8% maximum loss, using
magnesium sulfate,
subjected to 5 cycles
Silt
Soundness
3. The following designated sizes* of aggregate shall be the maximum
employed in concrete:
2 inch for plain concrete
1 inch for reinforced sections 10 inch and over in thickness
3/4 inch for reinforced sections less than 10 inch in thickness
4. *Note: The "Designated Size" and the corresponding gradations shown
represent the end or combined gradation of the coarse aggregate to be
used in the final concrete.
D.
Water:
1. Water shall be clean and free from injurious amounts of oils, acid, alkali,
organic matter or other deleterious substances.
2. When subjected to the mortar strength test described in ASTM C87, the 28
day strength of mortar specimens made with the water under examination
and normal portland cement shall be at least 100 per cent of the strength of
similar specimens made with distilled water.
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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.
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'
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3.04
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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.
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
anyone day when concrete is being placed. When average ultimate 28-day
strength of control cylinders in any set falls below the required ultimate strength or
below proportional minimum 7 day strengths where proper relation between 7 and
28 day strengths have been established by tests, proportions, water content, or
temperature conditions shall be changed to secure the required strength.
B. The Contractor shall cooperate in the making of such tests to the extent of allowing
free access to the work for the selection of samples, providing heated (when
required) moist storage facilities for specimens, affording protection to the
specimens against injury or loss through his operations, and furnishing material
and labor required for the purpose of taking concrete cylinder samples, curing
boxes and shipping boxes. All shipping of specimens will be paid for by the Owner.
C. Slump tests will be made in the field by the testing laboratory.
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.
CONCRETE APPEARANCE
A. Concrete for every part of the work shall be homogeneous structure which, when
hardened, will have the required strength, durability and appearance.
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06/07
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.
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 i-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 i-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.
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3.07
06/07
PLACING AND COMPACTING
A. Unless otherwise permitted, the work begun on any day shall be completed in
daylight of the same day.
B. Concrete is not to be placed until reinforcing steel, pipes, conduits, sleeves,
hangers, anchors and other work required to be built into concrete have been
inspected and approved by the Engineer. Remove water and foreign matter from
forms and excavation. All soil bottom for slabs and footings shall be approved by
the Engineer before placing concrete.
C. Transport concrete from mixer to place of final deposit as rapidly as practicable by
methods which prevent separation of ingredients and displacement of
reinforcement, and which avoid 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
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3.08
06/07
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.
CURING AND PROTECTION
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.
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3.09
3.10
06/07
REMOVAL OF FORMS
A. Except as otherwise specifically authorized by the Engineer, forms shall not be
removed before the concrete has cured as specified above in subparagraph 3.08C
and the concrete has attained a strength of at least 30 percent of the ultimate
strength prescribed by the design, and not before reaching the following number of
day-degrees (whichever is the longer):
Forms for
Day-Deqree*
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.
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 anyone of
the slabs, beams, and columns in which such concrete was used. Test need not
be made until concrete has aged 60 days.
C. Slabs or beams, under load test, shall be loaded with their own weights plus a
super-imposed load of 2 times design live load. The load shall be applied
uniformly over portion being tested in approved manner, and left in position for 24
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3.11
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hours. The structure shall be considered satisfactory if deflection "D" in feet, at
end of 24-hour period does not exceed value:
D equals 0.001 (L x L)/t
in which "L" is span in feet, "t" is depth of slab or beam in inches.
D. If deflection exceeds "D" in the above formula, the concrete shall be considered
faulty unless within 24 hours after removal of the load, slab or beam under test
recovers at least 75% of observed deflection.
E. Should the strength of test cylinders fall below 60% of the required minimum 28
day strength, the concrete shall be rejected and shall be removed and replaced.
PATCHING AND REPAIRS
A. It is the intent of these Specifications to require that forms, mixture of concrete and
workmanship shall be such that concrete surfaces, when exposed, will require
minimal finishing as specified in Paragraph 3.05 above.
B. As soon as the forms have been stripped and the concrete surfaces exposed, fins
and other projections shall be removed, recesses left by the removal of form ties
(except where ties are left in place during sandblasting) shall be filled and surface
defects which do not impair structural strength shall be repaired. Clean all
exposed concrete surfaces and adjoining work stained by leakage of concrete, to
approval of the Engineer.
C. Immediately after removal of forms remove plugs and break off metal ties as
required by Paragraph 3.06. Holes are then to be promptly filled upon stripping as
follows: Moisten the hole with water, followed by a 1/16 inch brush coat of neat
cement slurry mixed to the consistency of a heavy paste. Immediately plug the
holes with 1 1.5 mixture of cement and concrete sand mixer slightly damp to the
tough Uust 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 I to 5 days if necessary to
bring the surface down with the parent concrete. Exercise care to avoid damaging
or straining the virgin skin of the surrounding parent concrete. Wash thoroughly to
remove all rubbed matter.
E. Defective concrete and honeycombed areas shall be chipped reasonably square
and at least 1 inch deep to sound concrete by means of hand chisels or pneumatic
chipping hammers. Irregular voids or surface stones need not be removed if they
are sound, free of laitance, and firmly embedded in the parent concrete, subject to
Engineer's final inspection. If honeycomb exists around reinforcement, chip to
provide a clear space at least 3/8 inch wide all around the steel. For areas less
than 1 1/2 inch deep, the patch may be made in the same manner as described
above for filling for tie holes, care being exercised to use adequately dry (non-
trowelable) mixtures and to avoid sagging. Thick repairs will require build-up in
successive I 1/2 inch layers on successive days, each layer being applied (with
slurry, etc.) as described above. To aid strength and bonding of the multiple layer
repairs, the Engineer may order the use of Embeco non-shrink, metallic aggregate
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by the Master Builders Company, Cleveland, OH or Ironite by Fox Industries,
Madison Il as an additive as follows:
Material
Cement
Embeco
Sand
Volumes
1.0
0.15
1.5
Weiqhts
1.0
0.25
1.5
F. For very heavy (generally formed) patches; the Engineer may order the addition of
pea gravel to the mixture and the proportions modified as follows:
Material
Cement
Embeco
Sand
Pea Gravel
Volumes
1.0
0.2
1.0
1.5
Weiqhts
1.0
0.33
1.0
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
06/07
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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