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2003-106
I r . INDIAN RIVER COUNTY BOARD , COUNTY COMMISSIONERS Department of Utility Services Project 1 ' 2208 1 Brine Pipeline 7 Street 1 East on 57 Street1 Bent Pines R. I .B . Site WIP 1 472 - 169-0W00518 II IndianRiver County Bid5050 M MASTELLER & MOLER, INC. AA CIVIL ENGINEERS DATE : March 31 , 2003 ' FROM: MASTELLER & MOLER, INC. ' TO : ALL BIDDING CONTRACTORS SUBJECT: ADDENDUM # 1 ' TO INDIAN RIVER COUNTY BID #5050 PROJECT NO . UCP 2208 ' WIP NO . 472469-000-00518 16" Brine Pipeline on 58th Avenue from 77th Street to 37th Street and East on 57`h Street to Bent Pines I.R.B . Site This is to notify all parties holding plans and specifications of the following : This Addendum # 1 is issued in accordance with Section 5 .2 of f the Specifications. Plans and Specifications have been prepared and are being sent to all ction respective o bidders via Overnight Mail. Please note that the bid date has NOT changed. YOU ARE REQUIRED Q RED TO INCLUDE AN EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID ' Res pectfully, ' MASTELLER & MOLER, INC, ' Earl H. Masteller, P .E . President ehm/vk ' cc: Michael Hotchkiss, Capital Projects Manager Fran Boynton-Powell, Purchasing, Division File #0262LA (0262_spec_adden# Ldoc) ' 2205 146 Avenue, Vero Beach, Florida 32960 Phone: (772) 567-5300 Fax: (772) 794- 1106 ' E-Mail: mastmolr@bellsouth.net INDIAN RIVER COUNTY BID #5050 PROJECT NO . UCP 2208 WIP N0 . 472- 169-000-00518 16" Brine Pipeline on 58`' Avenue from 77`h Street to 37`h Street and East on 57`h Street to Bent Pines I . R. B . Site ADDENDUM #1 ' DATE : March 31 , 2003 ' FROM: MASTELLER & MOLER, INC . TO : ALL BIDDING CONTRACTORS ' This Addendum is issued in accordance with Section 5 . 2 of Section 00100 of the Specifications and the following revisions, additions and clarification are hereby incorporated into the Contract Documents. ' SPECIFICATIONS ' SECTION 00310-5 1 . Bid proposal Schedule of Quantities has an additional Bid Item # 12 for the 57`h Street Clear ' and Grub. This pay item shall include all necessary clearing and grubbing in the 57`h Street right-of--way for construction of the 16" diameter brine main. The Contractor will be responsible for disposing of the cleared grub. ' Section 2 . 2 .4 Pae 8 "Pobodul Chloride Pi e" has changed to read pas follows : L Brine polyvinyl chloride pipe pressure pipe for pipe sizes 14"-36" diameter shall conform to ' the latest AWWA Standards C-905 DR- 18 . PVC brine main shall be green in color with adhesive locate tape taped to the top of pipe and shall have the words "Brine Main. " ' Section 2 .2 .4. Clarification of Fittings . 1 . All fittings shall be interior lined with 40mils Protecto 401 . ' PLANS I . Plan sheets 4 through 13 have been revised to include approximate location of Bell South ' cables and fiber optics . These cables are shown for bid purposes only and actual location of all underground utilities shall be the Contractors responsibility prior to construction. ' 2 . Plan Sheets 8 and 9 have been revised to show the extension of 6" and 4" force main recently constructed from 656 Street south to the north property line of Eagle Trace Subdivision. MH ' Addendum # I ' Page 2 March 31 , 2003 Please indicate receipt of this Notice b com letin the P y p g bottom portion of this Notice and returning a copy BY FAX to Masteller & Moler, Inc. at (772) 7944106 by Monday. April 7, 2003 . YOU ARE REQUIRED TO INCLUDE AN EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID . ADDENDUM # 1 RECEIVED AND CONSIDERED BY: Name of Bidder (Please Print) '3 nsntj ON Cry ' Name of Bidders Representative (Please Print S ' ature of Bidder' s Representative & Title bate ' File #0262 (0262_spec Oden# l .doc) M 1 M 1 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS i 00020 Advertisement for Bids i 00100 Instruction to Bidders 00310 Bid Form 00452 Disclosure of Relationships 00456 General Information Required for Bidders 00530 EJCDC - Agreement Between Owner and Contractor 00610 Construction Performance Bond 00612 Construction Payment Bond 00700 General Conditions ' 00800 Supplementary Conditions DIVISION 1 = GENERAL REQUIREMENTS 01000 Summary of Work 01025 Measurement and Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards ' 01152 Applications for Payment 01153 Change Order Procedures 01201 Preconstruction Conference ' 01311 Construction Schedules 01340 Shop Drawings , Product Data and Samples 01381 Audio-Visual Documentation 01410 Testing Laboratory Services 01510 Temporary Utilities 01560 Temporary Controls 01600 Material and Equipment 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 - SITE WORK ' 2. 1 . 1 . Mobilization 2 . 1 .2 , Clearing Site 2 . 1 . 3 . Maintenance of Traffic 2 . 1 .4 , Engineer's Field Office ' 2 . 2 . 1 . Excavation for Test Pits-Unclassified 2 . 2 . 2 . Saw Cut Pavement 2 .2 . 3. Pavement Excavation ' 2 . 2.4 . Brine Mains 2 .2 . 5 , Fittings 2 .2 . 6, Gate Valves & Valve Boxes ' 2 . 2 . 7. Directional Boring 2.2 . 8 . Polyethylene (PE) Pressure Pipe 2 . 2 . 9 . Audio-Video Taping 2.2 . 10 , Air Release Valves CAMy Documents\projects\0262\Spwifications\W2 Table of Contents.doc 2 . 3 . 1 . Paved Road Restoration 2 . 3. 2 . Non-Paved Road Restoration 2 . 3 . 3 . Paved Driveway Restoration ' 2 . 3 .4 . Non-Paved Driveway Restoration 2 . 3 . 5 . Sod 2 . 3 . 6 . Seed & Mulch Restoration 2 . 3 . 7 . General Restoration 2 . 3. 8 , Trench Restoration CAMy Documents\pmjectc\0262\Specifications\0002 Table of Contents.doc ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY ' Indian River County will receive sealed bids until April 9 , 2003 Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words " 16" Brine Pipeline on 58th Avenue from 771h Street to 571h Street and East on 57th Street to Bent Pines R . I . B . " . All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P .M . , of the day specified above , will be returned unopened . UTILILTIES PROJECT NO , UCP# 2208 INDIAN RIVER COUNTY BID #5050 CONSTRUCTION OF 16" BRINE PIPELINE ON 58n AVENUE FROM 77TH STREET TO 57TH STREET AND EAST ON 571" STREET TO BENT PINES R.I.B. All material and equipment furnished and all work performed shall be strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Indian River County Utilities Department, 1840 25th Street, Vero Beach , Florida 32960 (772- , 567-8000 x1821 ) . Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of One Hundred Dollars ($ 100 . 00) for each set, which represents cost of printing , handling and mailing and is non refundable . Questions regarding the project should be directed to Michael C . Hotchkiss , P . E . , at 772-567-8000, Ext. 1821 . All bids shall be submitted in duplicate on the Bid Proposal forms provided within the ' specifications . A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety , or certified check or cashier's check on any bank authorized to do business in the State of Florida , in the sum of not less than five percent (5 %) of the total amount of bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and fumish the required Performance and Payment Bond . If he fails to do so , he shall forfeit the said Bid Bond as liquidated damages . The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening to waive informalities in any bid , or reject any or all bids in whole or in part ' with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County Florida . A Pre-Bid Conference meetings will be held on March 26, 2003 at 9 :00 A. M . in the 2nd Floor Conference Room of the Indian River County Administration Building located at 1840 25" Street, Vero Beach , Florida 32960 . This meeting is NON-MANDATORY. ' INDIAN RIVER COUNTY PURCHASING MANAGER ' For Publication in the Vero Beach Press Journal ( Date (s) : Please furnish tear sheet and affidavit of March 12 , 2003 Publication to : March 19 , 2003 INDIAN RIVER COUNTY PURCHASING DIVISION r2625 19th Avenue , Vero Beach , FL 32960 00020 - 1 ADVERTISEMENT FOR BID MDocuments and Settings\mikeh\Local Settings\Temporary Internet Files\01.1(253\00020 Advertisement For Bid .doc S1N3W3211f1b321 ' 1 :Db211N0o aNV JNI4al8 � 0 NOISIAIa ' ' SECTION 00100 INSTRUCTIONS TO BIDDERS ( Based Upon EJCDC No. 1910=12, 1983 Ed .) 1 . DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No . 1910-8 , 1983 ed . ) have the meanings ' assigned to them in the General Conditions . The term 'Bidder" means one who submits a bid directly to Owner, as distinct from a sub4dder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified , responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award . The term 'Bidding Documents" includes the Advertisement or Invitation to Bid , Instructions to Bidders , The Bid Form , and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids) . 2. COPIES OF BIDDING DOCUMENTS ' 2 . 1 Complete sets of the Bidding Documents in the number and for the deposit sum , if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer. 2 . 2 Complete sets of Bidding Documents must be used in preparing Bids ; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents , 2 . 3 Owner and Engineer, in making copies of Bidding Documents available on the above terms , do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 3 . QUALIFICATIONS OF BIDDERS ' To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data , previous experience, present commitments, and other such data as may be necessary to ' prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period . 00100- 1 C:WIy DmmentsVrojeds\02621Specificabons\001001nstruction To Bidders.doc 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 . 1 It is the responsibility of each Bidder, before submitting a bid , to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance , or furnishing of the work , (c) consider federal , state, and local laws and regulations that may affect costs , progress, performance , or furnishing of the work, (d ) study and carefully correlate Bidder's observations with the Contract Documents , and (e) notify Engineer of all conflicts , errors, or discrepancies in the Contract Documents. ' 4 . 2 Reference is made to the Supplementary Conditions for identification of: 4 . 2 . 1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports , but not upon non-technical data , ' interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction . ' To obtain access to the site, the following shall be contacted : Michael C . Hotchkiss , P.E., Capital Protects Manager. (772) 567=8000 Ext. 1821 . Project work site is located within Indian River County existing Rights-of- way and Utility Easements as shown on the construction plans. 4 . 2 . 2 Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents . Bidder may rely upon the accuracy of the ' technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction . Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2 . 1 and 4.2 .2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. • 4 . 3 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions . 4 .4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions , underground facilities and other physical conditions , and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4 . 2 and 4. 3 of the General Conditions. 00100-2 ' c:Wiy DocumentsVmjects%02621SpecificationsW0100 Instruction To Bidders.doc 4 . 5 Before submitting a Bid , each Bidder will , at Bidder's own expense , make or obtain any additional examinations , investigations , explorations , tests, and studies , and obtain any additional information and data which pertain to the physical 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 and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time , price and other terms and conditions of the Contract Documents, 4. 6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid . Bidder shall fill all holes, clean up , and restore the site to its former condition upon completion of such explorations . 4 . 7 The lands upon which the work is to be performed , right-of--way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents , 4 . 8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means , methods , techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 5. INTERPRETATIONS AND ADDENDA 5. 1 All questions about the meanings or intent of the Contract Documents are to be directed to the Utilities Department staff — Michael Hotchkiss, P.E., Capital Projects Manager with Indian River County Utilities. Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents . Questions received less than ten ' days prior to the date for the opening of Bids may not be answered . Only questions answered by formal written Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 5 . 2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 00100-3 c:Wty DocumentsVrojects10262ZpecirmaWns%001001nstruction To Bidders.doc i6. BID SECURITY 6 . 1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 1 of the General Conditions, 6 . 2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award , Owner may annul the Notice of Award , and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the sixty-first day after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . Bid security with bids which are not competitive may be returned before the end of the sixty-day period . 7. CONTRACT TIME The number of days within which , or dates by which , the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8 . LIQUIDATED DAMAGES Provisions for liquidated damages , if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR EQUAL" ITEMS The Contract, if awarded , will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal' items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal' item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6. 7. 1 , 6 . 7 . 2 , and 6 . 7 . 3 of the General Conditions and may be supplemented in the General Requirements . ' 10. BID FORM 10 . 1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office) . 10. 2 All blanks on the Bid Form must be completed in ink or by typewriter. 00100-4 c:Wty Documentslprojeds102621Specitications=100 Instruction To Bidders.doc 10 . 3 Bids by corporations must be executed to the corporate t name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature . ' 10A Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature , and official address of the partnership must be shown below the signature . 10 . 5 All names must be typed or printed below the signature. 10.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form) . 10 .7 The address and telephone number for communications regarding the Bid must be shown . 11 . SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope , marked with Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) and name and address of the Bidder and accompanied by the Bid security and other required documents . If the Bid is sent through the mail or other delivery system , the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. ' 11 . 1 The Bidder shall submit the Bid in duplicate on the forms , or an exact copy of the forms, furnished herewith . The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted . 11 . 2 The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer, Contract Documents are not transferable to other parties for bidding purposes. Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected . 12 . MODIFICATION AND WITHDRAWAL OF BIDS ' 12 . 1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids . 00100-5 ' c:Wy DocumentsVrojects\02621Specifmbons\00100 Instruction To Bidders.doc If, within two business days after Bids are opened , any Bidder files a duly signed , written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid and the Bid security will be returned . Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents , 13. OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids . 14. BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening , but the Owner may, in its sole discretion , release any Bid and return the Bid security prior to that date . 15. AWARD OF CONTRACT 15 . 1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price , time, or charges in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non-conforming , non-responsive , unbalanced , or conditional Bids . Also , Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . 15.2 In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award . 15 . 3 Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers , and other persons and organizations must be submitted as provided in the Supplementary Conditions . Owner may consider the operating costs, maintenance requirements , performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award . 00100-6 CAMy DocumentsVrojects10262%Specifications\00100 Instruction To Sidders.doc h investigations as Owner deems necessary to 15 .4 Owner may conduct suc g ry assist in the evaluation of any Bid and establish the responsibility, qualifications , and financial ability of Bidders , proposed subcontractors , suppliers , and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time . 15 . 5 If the Contract is to be awarded , it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 15. 6 If the Contract is to be awarded , Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening . 15 . 7 More than one Bid from an individual , firm , partnership , corporation , or association under the same or different names will not be considered . Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested . Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders , and no participants in such collusion will be considered in future proposals for the same work. 15 . 8 Within ten ( 10) calendar days of the date of award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver the necessary documents entering into the Contract with the Owner. Payment Bond for the total amount of the Bid and Performance Bond for 125% of the Bid shall have been furnished , executed , and delivered before the Contract will be executed by the Owner. 15 . 9 Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract and the Surety Corporation Bond in the manner and within the time provided shall be just cause for annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects , at the Owner's discretion . It is understood and agreed by said Bidder, that if the award is annulled for the above persons , the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages . 16. CONTRACT SECURITY Paragraph 5 . 1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds . When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds . The Performance Bond shall contain a specific provision that delay damages are covered by the Performance Bond . 00100=7 c:W y DocumentsVrojecbXOM21Sped ications100100 instruction To Bidders.doc 17. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached . Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with required bonds. Within a reasonable time thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the drawings with appropriate identification . END OF SECTION 00100-8 C:Wy Documents%projedsW2624Spec ficationsW0100 Instruction To Bidders.doc i r SECTION 00310 BID FORM ( Based Upon EJCAC No. 191048 , 1983 Ed . ) rPROJECT IDENTIFICATION : 16" BRINE PIPELINE ON 58TH AVENUE FROM 77TH STREET TO 57TH STREET AND EAST ON 57TH STREET TO BENT PINES R. I . B . THIS BID IS SUBMITTED TO . Indian River County 262519th Avenue Vero Beach , FL 32960 1 . The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents . r2 . Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid Security, This Bid will remain subject to acceptance for sixty days after the day of Bid opening . Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten days after the date of Owner's Notice of Award . 3 . In submitting this Bid , Bidder represents , as more fully set forth in the Agreement, that : (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged) : Date Number 3 / 31 / 03 1 r 00310 - 1 CAMy Documents\projects10262\Specifications\00310 Bid Form .doc 1 r . (b) Bidder has familiarized itself with the nature and extent of the Contract Documents , the work, site , locality, and all local conditions and laws and regulations that in any manner may affect cost, progress , performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC 4 . 2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations , investigations , explorations , tests , ' reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress , performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents , including specifically the provisions of Paragraph 4 .2 of the General Conditions; and no additional examination , investigations , explorations , test, reports , studies or similar information or date or will be required by Bidder for such purposes . (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations, tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price , within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 . 3 of the General Conditions . (f) Bidder has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents . (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person , firm , or corporation and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any person , firm or corporation to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 00310 - 2 C:WIY Documentslprojects\02621Specifications\00310 Bid Form.doc 4 . Bidder will complete and include with the bid the Schedule of Bid Items (Bid Proposal attached to this Proposal . The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids . The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments thereunder, will be based upon the actual quantities placed into the work . 5 . Bidder agrees that the work will be completed in accordance with the following time frame : (a) Within 15 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work. 5 . Mobilize all labor, equipment, and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to inflating construction . (b) From 16 calendar days to 100 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i . e . , Subparagraphs a and b) constitute Substantial Completion . C) From 101 calendar days to 120 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : • 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract close-out procedures . Completion of all tasks outlined above (i . e. , Subparagraphs a , b , and c) constitute Final Completion . 6 . The following documents are attached to and made a condition of this Bid : (a) Schedule of Bid Items . (b) Required Bid Security in the Form of Insurance . 00310 - 3 CAMy Documents\projects\02621Specirications\00310 Bid Form .doc j 7 . Communications concerning this Bid shall be addressed to : Michael C . Hotchkiss , P . E . Capital Projects Manager (772) 567-8000 x 1821 The address of Bidder indicated below is as follows: Tri - Sure Corporation P . 0 . Box 653 Auburndale , F1 33823 8 . The terms used in this Bid which are defined in the General Conditions of the Construction Contract include as part of the Contract Documents have the meanings assigned to them in the General Conditions . SUBMITTED ON : April 9 , 2003 00310 - 4 C:Wty DocumentsVrojecxs\0262\Speci cations\00310 Bid Form ,doc f SCHEDULE OF QUANTITIES , PRICES AND TOTAL BID INDIAN RIVER COUNTY PROJECT #UCP 2208 16" DIAMETER BRINE PIPELINE FROM 77TH ST. SOUTH IN 58TH AVE . AND EAST ON 57TH ST, TO WEST PROPERTY LINE OF BENT PINE R. I . B . SITE DESCRIPTION UANTITY UNIT UNIT PRICE TOTAL PRICE 1 Mobilization (See Section 01025) 1 LS 30 000 . 2 16" Dia. DIP/PVC brine main 20 , 160 LF 23 . 50 473 , 760900 3* 16" Dia. Gate Valve 14 EA 3 500 . 00 49 * 000000 4 16" Dia. HDPE Directional Bore 1850 LF 100 . 00 185 000 . 00 5 Air Release Valves w/valve vaults 6 EA 1 800 . 00 10 800 . 00 ' 6 Fittings 3 Tons 7 000 . 00 21 000 . 00 7 Non ved Drive Restoration 150 LF 25 . 00 32750000 8 Sod 121500 LF 2 . 00 259000 . 00 9 Seed & Mulch 7500 LF . 50 3 , 750 . 00 10 Traffic Control 1 LS 15 , 000 . 00 152000000 11 As-built Drawings 1 LS 20 , 000 . 00 203, 000 . 00 12 57th St. Clear & Grub 1 LS 20 000 . 00 20s000000 13 SUBTOTAL 85 7 , 060 . 00 Indian River County Force 14 Account , 10% of Item 13 10 % 852706900 14 TOTAL BID Items 13 + 14 942 . 766000 *Based on Seven (7) i 16" dia. Directional bores w/MJ adapter fused ends. i 1 M M cvnydocuments\project0262\specificah"o cmt esUrnate -00310.)ds 00310-5 Trench Safety Bidder acknowledges that included in the various 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 . Bidder further identifies the costs to be summarized below : Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Quantity) ( Description ) A Slope banks LF 100 2 . 00 200 . 00 B . Trench shiel i LF inn Win nn C . D . Total $4on . on Failure to c to the above may result in the Bid being declared non-responsive . P . 0 . Box 653 nature Address (Street) Vire PrPsidPnr Auburndale , F1 33823 Title Address (City , State , Zip) CUC 0 40079 April 9 . 2003 License Number ( If Applicable) Date (SEAL — if Bidis b corporation) ATTEST : 22 14v? Glenda M . Chambers , Secretary 00310 - 6 BASpecifications100310 Bid Form .doc i If Bidder is : AN INDIVIDUAL -" SEAL By:Y (SEAL) ( Individual's Name) Doing business as : Business address : Phone Number: If Bidder is : A PARTNERSHIP By: (SEAL) (General Partner) Business address : Phone Number: 00310 - 7 B:\Specifications100310 Bid Form .doc r If Bidder is : A CORPORATION /I By :. TA - SU R(= ( b 4 t16 w (Corporation Name) Florida By: . ojv - az of Corporation) (Name of Person Authorized to Sign) 0 Jason Chambers Vice President (Corporate Seal) ATTEST : 22 04�tely Glenda M . Chambers , Secretary Business address : P o sox 653 Auburndale , F1 33823 By: (SEAL) General Partner Business address : If Bidder is : A JOINT VENTURE By:. (Name) (Address) By:_ (Name) (Address) (Each joint venturer must sign . The manner of signing for each individual , partnership and corporation that is a part to the joint venture should be in the manner indicated above . ) r00310 - 8 BASpecMdations\00310 Bid Form .doc SWORN STATEMENT UNDER SECTION 287 . 133(3) (a) FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths . ) STATE OF Florida COUNTY OF Polk Before me , the undersigned authority , personally appeared Jason Chambers , who , being by me first duly sworn , made the following statement : 1 . The business address of Tri - Sure Corporation (name of Bidder or Contractor) is P . 0 . Box 653 , Auburndale , F1 33823 2 . My relationship to Tri - Sure Corporation (name of Bidder or Contractor) is vice President (relationship , such as sole proprietor, partner, president, vice president) . 3 . 1 understand that a public entity crime as defined in Section 287. 133 of Florida Statutes includes 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 in Florida or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any Bid or Contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud , theft , bribery, collusion , racketeering , conspiracy, or material misrepresentation . 4 . 1 understand that "convicted" or "conviction" is defined by the statute to mean 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 . 5 . 1 understand that "affiliate" is defined by the statute to mean (1 ) a predecessor or successor of a person or a corporation 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 , or (3) those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of an affiliate , or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months . 6 . Neither the Bidder or Contractor nor any officer, director, executive , partner, shareholder, employee , member or agent who is active in the management of the Bidder or Contractor nor any affiliate of the Bidder or Contractor has been convicted of a public entity crime subsequent to July 1 , 1989. (Draw a line through Paragraph 6 if Paragraph 7 below applies) 00310 - 9 BNSpecifications100310 Bid Form .doc E. I 7 . There has been a conviction of a public entity crime Bidder or Contractor, or a r, director, executive, partner, shareholder, a yees , member or agent of the Bidder or Contra ho is active in the manageme a Bidder or Contractor or an affiliate of the Bidder or Contra A determinatio een made pursuant to Section 287 . 133 (3) by order of the Division o 1 ' rative Hearings that it is not in the public interest for the name of the convicted pers r affi i appear on the convicted vendor list. The name of the convicted pers r affiliate is . A copy of the order of the Division of Administr . Hearings is attached to this statem (Draw a through Paragraph 7 if Paragraph 6 above applies) 1 ason Chambers ,, Sworn to and subscribed before mein the state and county first me oned above on the gtiz day of April , 20 n3 (2LIJAt4q gtz4 (affix seal) Notary Public =NH;NN•t, i •• ••LAURIE CHAMBERS SHE FF i • 111N1! 01 PSA Commission # My C - 1 ex s 3/wzum • • Bonded through 47111410 Florida Notary ABM., M& b.NNNNONRN•••N•NNNNNNI.- - -- - -- ---- -- END OF SECTION 00310 - 10 E C:Wy DocumentsVrojectsV0262\Specifications100310 Bid Fortn.doc SECTION 00452 = Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . This sworn statement is submitted with Bid , Proposal or Contract No . UCP 2208 for 16 " Brine Pipeline on 58th Avenues frnm 77rh Srrppr rn 57rh Srraet & East to Bent Pines RIB Site 1 . This sworn statement is submitted by : _ Tri - sure Corporation (Name of entity submitting sworn statement) whose business address is : P _ n _ R nsr 6 '; 1 , Aiih11rntja1i3 V1 3 3 R 93 and (if applicable) its Federal Employer Identification Number (FEIN) is 59 - 1498145 (If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement ) . 2 . My name is Jason Chambers (Please print name of individual signing) and my relationship to the entity named above is vice President 3 . 1 understand that an "affiliate " as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother4n- law, daughter-in-law, son4n-law, brother in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies . ] xxxx Neither the entity submitting this sworn statement , nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity , have any relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . The entity submitting this sworn statement , or one or more of the officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County rCommissioner or County employee : 00452- 1 00452 - Disclosure of Relationships CAMy Dooxnenblproiects102624pecificaUorrs100452 - Disdosum of Relatiom ips.doc Rev. 05/01 Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2 . 3 . 4 . 5 . 6 , 7 . 8 . ( i nature ) a3 (date) STATE OF Florida COUNTY OF Pol k Personally appeared before me , the undersigned authority , Jason [ hanharc who after first being sworn by me, affixed his/her signature in the space provided above on this 9th day of April , 2003 Notary Public, State at larg My Commission Expires : `` � „, t;iE CHAMBERS SHELFER % a�� ti1A ,Y P✓o ' - Commission 0 DD0096710 a� " Expires 3/312006 Bonded Ovauph = ; '���'%•`.�;,;;ao• Florida Notary Assn,, lnm ..........M..U .... uHu..N.NN.H...NN.U.N.� * * END OF SECTION 00452-2 00452 - Disclosure of Relationships C:WY DoanWtslproje W26Mpe0ficati rwW452 - DiWosuro of Reletio WWs.doc Rev. 05/01 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers i sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required . herein contained . Failure to comply with these requirements may be considered Documentation Submitted with the Bid No : UCP 2208 for 16 " Brine Pipeline on 58th A from 77th St . to 57th St . & East on 57th to Bent 1 . Contractor' s Name / Address : Tri - Sure Corporation Pines RIB Site P . 0 . Box 653 Auburndale F1 33823 2 . Contractor' s Telephone & FAX Numbers :863 -,967 - 5506 863 - 967 - 5506 ( phone ) 863 - 551 - 9746 ( fax ) 3 . Contractor's License No : CU Co 40079 4 . Number of years as a Contractor in construction work of the type involved in this Contract:_ 29 years 5 . What is the last project of this nature that you have completed ? Indian River County ( 16 " Force Main on Old Dixie ) 6 . Have you ever failed to complete work awarded to you , and if so , where and why? NO 7 . List the names and titles of ALL officers of Contractor' s firm : Names H Chambers President Glenda M Chambers Sec . -Treas . .Jason Chqmhprs Vice President 8 . Name of person who inspected site or proposed work for your firm : Name : __ Jason ha bars Date of Inspections : 4 / 7 / 03 NOTE: If requested by the County, the Bidder shall furnish a notariz financial statem n rences and other Information, sufficiently comprehensive to permit an appraisal of his financial By : (Signature) V ' 15e President (Position or Title) —April 9 � 2003 (Date) 00456 - 1 13ASP0cifi=ions\00456 General Information required of Bidders.doc SECTION 00530 - EJCDC ' STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT, dated the 6th day of May in the year 2003 by and ' between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Tri-Sure Corporation (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 : Construction of approximately 20, 160 L. F. of 16 " PVC/DIP brine main , ( 7) 16 " diameter HDPE directional bores ( 1 , 850 LF), air release valves, gate valves, and restoration in - kind . Construction consists of, but is not limited to utilities exploration , coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and ' all appurtenances, restrainers and soil compaction, testing ( includes providing temporary jumper or another approved method for flushing) pavement restoration , irrigation repair, sod restoration, private property repair, as-built drawings, insurance ' bonds, cleaning, traffic control, etc. PVC pipe shall be C-900 and/or C-909, and Directional Drill pipe shall be C906 per Indian River County Utility Standards and Specifications . ' CONTRACTOR, as an independent contractor and not as an employee , shall furnish , for the sum amount of $942 , 766 . 00, all of the necessary labor, material , and equipment to perform the work ' described above in accordance with the Contract Documents. ARTICLE 2. ENGINEER ' The project has been designed by Indian River County Utilities Department, 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 . ' 00530- 1 F:\Utildies\UTILITY - ENGINEERINGTrojects - Utility Construction Permits\North County R. O. Brine Disposal Relocation\00530 EJCDC - Agreement between Owner and Contractor-Tri Sure.doc ARTICLE 3, CONTRACT TIME . 3 . 1 The work will be completed in accordance with the following time frame . (a) Within 15 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . ' 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions ' prior to construction . 4 . Locate all existing utilities in the area of work. 5 . Mobilize all labor, equipment, and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to initiating construction . ' (b) From 16 calendar days to 100 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . ' 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i . e . , Subparagraphs a and b) constitute ' Substantial Completion . (c) From 101 calendar days to 120 calendar days from the effective date of Notice ' to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract close-out procedures . Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final Completion . ' 3 . 2 Liquidated Damages . OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3 . 1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They also recognize the delays, expense and difficulties involved in proving in a legal proceeding 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 00530-2 F :1Utilities\UTILITY - ENGINEERINGTrojects - Utility Construction Permits\North County R . O. Brine Disposal Relocation100530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc ' (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450. 00) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450. 00) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final ' payment. ARTICLE 4. CONTRACT PRICE, 4. 1 OWNER shall pay CONTRACTOR for completion of the work in p accordance with the Contract Documents in current funds in the amount of $942 . 766. 00. 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 . 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 30th day of each month during construction as provided below. The OWNER shall retain ten (10) percent of the payment amounts due to the CONTRACTOR until final completion and acceptance ' of all Work to be performed by the CONTRACTOR under the Contract Documents . Each request for a partial payment shall be submitted on an Application for Payment Form , which shall be accompanied by a executed copy of the Certification of ' Contractor. The OWNER WILL provide the forms. All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Paragraph 2 . 0513 and 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 . D of the General Conditions . 50% 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) . ' 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 ' 00530-3 FAUtillieslUTILITY - ENGINEERING\Projects - Utility Construction Permits\North County R . O . Brine Disposal Relocation\00530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc 1 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 familiarized itself with the nature and extent of the Contract ' Documents , work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. ' 7. 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 02 of the General ' Conditions , and accepts the determination set forth in Paragraph SG4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7. 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Paragraph 7. 2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or ' furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , ' including specifically the provisions of Paragraph 4. 02 of the General Conditions ; and no additional examinations , investigations, explorations, tests, reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . ' 00530-4 F:1Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\North County R .O. Brine Disposal Relocation\00530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc 7 . 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities ' at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground ' facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the ' provisions of Paragraph 4. 04 of the General Conditions . 7. 5 CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents . ' 7. 6 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . 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 (Section 00530) . ' 8. 2 Performance and other bonds (Sections 00610 and 00620) . 8 . 3 Notice of Award and Notice to Proceed . ' 8 . 4 General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800) . ' 8 . 6 Specifications bearing the title " 16" BRINE PIPLINE ON 58TH AVENUE FROM 77TH STREET TO 57TH STREET AND EAST ON 57TH STREET TO BENT PINE ' R . I . B . SITE" as listed in the table of contents hereof. 8 . 7 Drawings , inclusive with each sheet bearing the following general title : " 16" BRINE PIPLINE ON 58TH AVENUE FROM 77TH STREET TO 57TH STREET AND EAST ON 57TH STREET TO BENT PINE R . I . B . SITE" ' 8 . 8 Addenda numbers 1 to 1 inclusive . ' 00530-5 F:\Utilities\UTILITY - ENGINEERINGTrojects - Utility construction Permits\North county R . O. Brine Disposal Relocation\00530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc ' 8 . 9 CONTRACTOR'S Bid (Section 00310) . 8 . 10 Indian River County Water and Wastewater Utility Standards . ' 8 . 11 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 Paragraphs 3 . 04 of the General Conditions . There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 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 hereto without the written consent of the party sought to be bound ; and specifically but without limitation moneys that may ' become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no ' assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . ' 9 . 3 OWNER and CONTRACTOR each binds itself, its partners , successors , assigns and legal representatives to the other party hereto , its partners , successors , assigns and legal representatives in respect of all covenants, agreements and obligations ' contained in the Contract Documents . 9 . 4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ' ITS TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER , 9 . 5 This agreement shall be governed by the laws of the State of Florida . Venue ' for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida , or, in ' the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in triplicate . ' 00530-6 F :\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\North County R . O. Brine Disposal Relocation\00530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc ' One counterpart each has been delivered to OWNER , CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. ' This Agreement will be effective on MaY 6 2003 . ' OWNER CONTRACTOR Indian River County JBY e Co ora Board of Coun Commissioners ' BY . Kenne R. acht, hairman . Chambers , Vice President (CORPORATE SEAL) Attest: c _ Attest: gle,4 2& ' J . K. Barton , Clerk of the Circuit Court Glenda M . Chambers, Secretary By: ' Deputy Clerk ' Approved By: Apr ed fficiencey: mes E . Chan r, County Administrator unty Attorney ' Address for giving notices Address 9 9 ss for giving notices ' 1840 25th Street P . O. Box 653 Vero Beach , Florida 32960 Auburndale , FL 33823 ' License No . CUC O 40079 A ent for service of rocess : J AMC.5 9 Aj&& Az45 ' (If CONTRACTOR is a corporation , attach evidence of authority to sign) t END OF SECTION 00530-7 F : 1Utilities1UTILITY - ENGINEERING\Projects - Utility Construction Permits\North county R . O . Brine Disposal Relocation\00530 EJCDC ' - Agreement between Owner and Contractor-Tri Sure.doc po , SgQ0 Construction Performance Bond BOND NO : FL 5877 3 • cc SECTION 00610 -Any singular reference to Contractor. Surety , Owner or other party shall be considered plural where applicable . CONTRACTOR (Name and Address) : SURETY (Name and Principal Place of Business ) : Tri-Sure Corporation Merchants Bonding Company P . 0 . Bos 653 P . 0 . Boa 26720 _ Auburndale , 'FL 33823 Austin , T% 78755 -0720 863=967-5506 512-343-9033 X7 CD tom. tv ' OWNER (Name and Address): C Indian River County , a Political Subdivision of the State of Florida 1840 25th Street Vero Beach , Florida 32960 772-567-8000. CONSTRUCTION CONTRACT o Dace : w Amount: # 942 , 766 . 00 Description (Name and Location): 16" Brine Pipeline on 58th Avenue from 77th St . to 57th St . and -< East on 57th St . to Bent Pines R. I . B . Site — IRC Bid #5050 w Indian River County , Florida .ro N BOND N Date (Not earlier than Construction Contract Date): `a Amount: # 1 , 178 , 457 . 50 Modifications to this Bond Form: NONE e5l CONS RA R ,S PRI t L SURETY w , ti Cism an .` S (Corp . Seal) Com ' ( 3�,� p` ,1) > S (?RAT CHANTS BONDING COMPAN , -;. . + o v F f•Mr . : 1 t `' 13Ctir l � SIQItatur% &., ,Zd T P ?tt�riATt :F! 156Y, e M (!(RJ, U . CQ- �es �Icgr Name and tie: Joseph W . LoPrest ; 0 Attorney—in—Fact and Florida Resident Agent INQUIRIES : 813 / 226-1312 PO BOX 1229 TAMPA , FL 33601- 1229 CONTRACTOR AS PRINCIPAL SURETY Company: (Corp . Seal) Company: (Corp . Seal) _ Cn Signature : Signature : �D Name and Title : Name and Title: .� Gem) t7 wpm EJCDC No . 19t0-28A ( 1984 Edition) Prepared through the joint efforts of The Surety Association of America. Entineers' Joint Contract Documents Committee . The Associated 5ener2l Contractors of America. and the Americsn institute of Architects. 1 A TRUE COPY CERTIFICATION ON LAST PAGE Construction Payment Band SECTION 00620 BOND N0 : FL 5877 — ' Any singular reference to Contractor, Surety , Owner nr.other party shall be considered plural where applicable . CONTRACTOR (Name and Address) : SURETY (Name and Principal Place of Business) : Tri—Sure Corporation Merchants Bonding Company P . 0 . Bos 653 P . 0 . Boa 26720 Auburndale , FL 33823 Austin , T% 78755-0720 863-967-5506 512-343-9033 OWNER (Name and Address ): Indian River County , a Political Subdivision of the State of Florida 1840 25th Street Vero Beach , Florida 32960 772-567-8000 CONSTRUCTION CONTRACT Date : Amount: $ 9429766 . 00 Description (Name and Location): 16" Brine Pipeline on 58th Avenue from 77th St . to 57th St . and East on 57th St . to Bent Pines R. I . B . Site — IRC Bid #5050 Indian River County , Florida = BOND Date (Not earlier than Construction Contract Date): Amount: # 942 , 766 . 00 Modifications to this Bond Form: This bond incorporates all the requirements of Section 255 . 05 , Florida Statutes , by reference as to all notice and time limitations provided therein �T�,g ,bond 0. shall be considered a statutory bond and not a common law bond . , �o%%l jJi �='f�E� { `S ��,N , , .. rte` a� k;� 1~ t kj •; ki , . NTR . g AS PRINC SURETY y ' `• c ^, 1 r , , £ , t Company; (Corp . Seal) Comp : �" • "' �, ` r� orja Seal) )1PORATI I��tiMMS BONDINGC"; ` t,� •'. t . TRI1 �;. d . ' i 1 44 ; Sten Fti�f l Signature: , ams �� r #`lamhynd : RSon argR3, U :u Name and c: oseph W . 3. �s , } �. �)�� 1` .• > >� ' , . ,• z ; , Attorney-in Ak; � -�` ; . 4,;); Florida Resident Agent �1� M • . N INQDiB,IES : 813 /226-1312 1 + FF „a .�. � PO BOX 1229 C) * ' TAMPA , FL 33601-1229 CONTRACTOR AS PRINCIPAL SURETY cn Company: (Corp . Seal) Company: (Corp . Seal) Signature: Signature: Name and Title : Name and Title: tV cn C11 EJCDC No . 1910-25B ( 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. Ameri=n Subcontractors Associatione and the Associated Specialty Contractors. E Copy r CERTIFICATION ON LAST PAG J . K. BARTON$ CLERK E Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. FL 5877 Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Joseph W. LoPresti, Rita M. Lucas, Russell Steven Ayers, Peter N. Lagos and/or Maureen E. Sherman of Tampa and State of Florida Its true and lawful Attomey-in-Fad, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby rated and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11 , SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, reoognizanees, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11 , SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and Its corporate seal to be hereto affixed, this 2nd day of January 2003 ;1�NG , OLA MERCHANTS BONDING COMPANY (MUTUAL) • 00 �RPUq 9 • y 1933 c ' By STATE OF IOWA • • • . . {; . . • ' President COUNTY OF POLK ss. On this 2nd day of January 2003 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing Instrument, and that the Seal affixed to the said Instrument Is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, l have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARILYN BOYD Commission Number 10012 ' My Commission Expires 4 November 4, 2004 Notary Public, Polk County, lowsyal O STATE OF IOWA c n COUNTY OF POLK ss. tD I, William Warner, Jr., Secretary of the MERCHANTS BONDING CO PANY (MUTUAL), do hereby certify that the above and foregoing Is a true and correct copy of the POWER OF-ATTORNEY e>Sg 1 r� rIal4: .f f RCHANTS BONDING COMPANY (MUTUAL), which is 21 still in force and effect .tt lfls�f,� Y 1 c q, F J In Witness Whereof, I have hereunto sat my hand and j� rrjpany on this 6th day of May Oj + . " 4i�• �jQr °' iF1, x.{ Secretary MSC 0814 (9/02) , ,, � 3� , �ttt �• . STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE)N THIS OFFICE6 cok)� (. JaKeGAIT JIEPUU CLARK ** eY L t ....` " tK i iric: ATE OF LIABILITY INSURANCE o�IJ WDOIII 05 /06 /2003 ou : � . a ( 863 ) 688 - 5495 FAX (863 ) 688 - 4344 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frl & Associates Insurance , LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 91 sake Morton Dr . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 0 Box 3608 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ake i and , FL 33802 INSURERS AFFORDING COVERAGE UREO Tri - Sure Corporation NAIC # INSURERA: Southern Owners Insurance Co P 0 Box 653 INSURER B: Auto Owners Ins Co ! � Auburndale , FL 33823 INSURER C: Ohio Casualty INSURER o: Bridgefield Employers Ins Co INsuRER E: Great American Inland Marine VERA HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINI NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAl PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OL I: IES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I . . . , TIPS OF INSURANCE _ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 111T£t!'JdIDQ,�C1L DATELb&AAMQYY� _ LIMITS GENERALIA LBILITY 2060713 S 46 10/01/2002 10/01/2003 EACH OCCURRENCE i X COMMERCIAL GENERAL LIABILITY 19OOO , OOI DAMAGE TO RENTED i # CLAIMS MADEFX] S0100( OCCUR MED EXP (Any one person) j `R 5200( e I PERSONAL 6 ADV INJURY $ 11OOO 00( GENERAL AGGREGATE $ 2OOO , OO( l AGGREGATE LIMIT APPLIES PER: POLICY JE LOC PRODUCTS - COMP/OP AGG $ 2 000 00 ( AUTOMOBILE LIABILITY 43042761 00 10/01/2002 10/01/2003 X ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS (Ea accident) 11OOO , 00(S SCHEDULED AUTOS BODILY INJURY S B (Per person) X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY (Per accident) j PROPERTY DAMAGE _ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY BX052883554 10/01/2002 10/01/2003 EACH OCCURRENCE s 2 , 000 , 00 ( X OCCUR CLAIMS MADE AGGREGATE $ 2 , OOO 00 ( S DEDUCTIBLE S RETENTION § $ wORKERS COMPENSATION AND 83027986 10/25 /2002 10/25/2003 WCSTATU• DTH- ci.iPLvYERS• LIABILITYDRY =.I1 ? PROPRIETOR/PARTNER(EXECUTIVE E.L. EACH ACCIDENT $ S00900( :q7 FICER/MEMBER EXCLUDED? i+ . vs, describe under E.L. DISEASE - EA EMPLOYE $ 500 , 00 ( 'SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ S00100 zrted/ Leased IMP1764624 10/01/2002 10/01/2003 $ 200 , 000 Ec . Apment $ 2500 Deductible aC rl ? JN OF OPERATIONS /U LOCATIONS I VEHICI S / EXCLUSIONS ADDED B'i ENDORSEMENT : SPECIAL PROVISIONS [ ndIcAll River County is named as additional insured with regards to the General Liability and i omobile Liability . 7 IRC Bid # S050/ 16 Inch Brine Pipeline on S8th Avenue from 77th Street to 57th Street and East on i h :street to Bent Pines R . I . B . Site . TIF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Indian River County BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2621 19th Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Vero Beach , FL 32960 AUTHORIZED REPRESENTAT �2 A ACORD 25 (2001 /08 ) ©ACORD CORPORATION 8E This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS ' OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General (seaq Contractors of America Construction Specifications Institute [seal] *These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 19104-A-1 or 1910-8-A-2) ( 1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50) . For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) ( 1996 Edition). �EJCDC No. 1910-8 ( 1996 Edition) Copyright ®1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 101515th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Page 4444 .. . 5 ARTICLE1 - DEFINITIONS AND TERMINOLOGY . . .. . .. . . . . . .. .. . .. .... .... . .. .... . . .. .. . . . . . . . . . .. . . .. . . . . . . . . . . . . ... .. . . .. . . . .. .. . . . . . . . . . . . . .. .. .. .. . ... . . . . . . . . . . 1 .01 Defined 5 Terms. . . ... ...... . . . ...... ...... .. . . .... .. . . ...... .. .. . . .. . . ..... .... .. .. .. . . . .. .......... ..... ... ... .. .. .. .. . . . ..... . .. ...... ....... ... . .. .... 1 .02 Terminology . 07 ARTICLE2 we PRELIMINARY MATTERS .. .... . . .. .. ..... . .. ..... . .. . . . ... . . .. . ... .... ... . .. . . .. . .. .... . .. . . .. . . . . . .. . . .. . . .... . .. ... .. . . . . . ... . . . .. . . . . .. . . . . . . 40 . . 9 ... ..4 . . ... . . . . 7 2.01 Copies of Bonds . . . . . . . .... .... .......... .... .. .. .. ...... .. ....a. .. ... ...... .. ... .. ... ...... .. .. .... .. .0 .... .. . 0.... . . 00 . ... .ease .. . . .. ...... .. . . ..1111117. 7 2.02 Copies of Documents . 2.03 Commencement of Contract Times; Notice to Proceed. ... . . .... . . .. . . . . . .. .. . . ... . . .. . .. .. . . . .. . ... . . . .. .. . . . . . .. . .. . . . .. . .. . . . . . . ... . . 7 2.04 Starting the Work ....... . . ........ ..... .. . . ... . . .. .. . .. . . . . .... . ..... ... . .. . . . ......... ...... .. ..... .. . .... . . ...... . .. .... . .. . . . .... . ........ . .. . .... . .. .. 8 2.05 Before Starting Construction .... .. .. ............ . . .. ..... . . . . .. . .... .. ...... .... . ...... ...... .......... . .... . .. .... . . . . . .. .. . . .. . .. . .. . . .. ... ... .. ... 8 2.06 Preconstruction Conference . .. ...... . . .. .. .. . . .. . .. . . . . . . .. . . .. . . . . .. .. . .. . ... . . . . . .. .... . . . . . . .. . . . . . ... . .. . . .. . . .. . . . . . .. . . .. . . . . . . . .... . . . 1111 .. . 8 2.07 Initial Acceptance of Schedules . .... . ...... .. . . ... .... .. ... .... . .. . ..... .. ..... .... .. . . . .. .. ........ . . . ..... ... . . . .... . . . .... .. .. .. ... .. ... . .. . .... 8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..... . .. .... .. ..... .... . ............. ..... ....... . .. .. .. . . . . . ..... . .. . . .. .......... . ...... 8 3.01 Intent .. . .................. ... ............................. ....................... ...... ..... ... ..................... . ........ ... .. . ... ..... ........ .. 0 . .011 .... . 8 3.02 Reference Standards.................... . ........ .. ... ...... .. ... . .......... ...... ..... ................ .. . ....... . . . . . . . .... . . .... .... .. .. ... . . ... .. 8 3.03 Reporting and Resolving Discrepancies . • 9 3.04 Amending and Supplementing Contract Documents .. .. .... ..... .. .. .. . ... ..... .. ............ .................... .......... ......... 9 3.05 Reuse of Documents . . .. ..... . . ............. ... .. ... . .. ...... . ... . . . .. . .. ...... ............ . ... .... . ...... . . .... ... . . .. . . . . ... ... . .. . ..... . . . . . ... . . . . . . 9 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS " . , . . . 9 4.01 Availability of Lands..."".. 11 .... .......... ...... .sea.... a. ....... . .. . .. . 9 4.02 Subsurface and Physical Conditions .... .. .. .. ..... . .. .. . .. .... .... . ... .. .... .. ... ..... .... ... . .. ..... . . .. ..... . .. . . . . .. . . .. .. . . . .. .. ... . . . . .. ... 9 4.03 Differing Subsurface or Physical Conditions .. ... 10 4.04 Underground Facilities............ ......................................................................... .............:.. .......... ................... l l 4.05 Reference Points... .. ..... . ...... ..... ..... ... ... . . ..... . . . .. ..... .. . .... .. . ... . . .. .... . .. . ................. ..... .. ...... . . . . . ..... . .... . . . . a. .. . . . . ... .. . l l 4.06 Hazardous Environmental Condition at Site.. . . ... .. . . .. . .. .... . . . . ... ... .. . ... ... ... ... .. .. . .. .... .. .. ... . . . . . . . .. .... . . . .. . . . . . . . . . . .. . . . .. . l l I&I*obsolete as's d*t000 a as**so a ease's *be*6,004,0,*0 11* "sea as as Iwo so be a as a a a ARTICLE 5 - BONDS AND INSURANCE .................................... ... .... ............ .... .. .. ......... ..... ... ...... .. ....... . ......... ....... . ..... ........ ......... 12 5.01 Performance, Payment, and Other Bonds . . 12 5.02 Licensed Sureties andInsurers.. sees see 9,11 we 0 4 "It 0*0 *a so 0490** a 60 04 a a "* sea 4 0 "1 1000 12 5.03 Certificates of Insurance ..................................... ......... .. .... ........... ...... .. .......... . ......... ................ ..... . .. ...... .. .. .. 12 ' 5.04 CONTRACTOR's Liability Insurance ....... ......... .. .. ............................................. ......... ......... .................. ... 13 5.05 OWNER'S Liability Insurance ............................ ..... 13 5.06 Property Insurance "..,.,,,.,,, ease I I I,***I I I I 114 1 a I I".... ........ ............ .. ...................... 13 5.07 Waiver of Rights.............. ........ ..... ...... ........ .......................... ... .............. .... .. ...... .. .. ........... ..... . ................ . .. ... 14 5.08 Receipt and Application of Insurance Proceeds. . .... ..... .. ..... .. ...... ........ ... . ... . ....... . . .... .. . ..... .. ... .. . .. . .. . . .. .... . . .. . .... 15 5.09 Acceptance of Bonds and Insurance; Option to Replace ... .. ...... ..................... . . ........ ... . ...... .... . ........... . .... . . ... . 15 5. 10 Partial Utilization, Acknowledgment of Property Insurer . . .. . . . .. ... . .. ..... .. . . . .... .... . .... .. . .. .. ... ... . . . ... ....... .. . . . . . ... ...... . 15 ARTICLE6 - CONTRACTOR'S RESPONSIBILITIES ........ ..... .................... ...... . .... .. ... ................... ........... .... ...... ....... .. . . . . ........ .. . . .. . .. .. 15 6.01 Supervision and Superintendence"....." 'lost ease 15 6.02 Labor, Working Hours.,. . . .. .., . . .. .,. .. . .. ... .. ..... ..... .. ... . . ....... .... .. ... ......... ........... ..... ..... ...... ....... ... . . . . ..... . . ......... . . .. 15 6.03 Services, Materials, and Equipment . . 15 6.04 Progress Schedule ..... . .... . . .... .. . . ....... .. . . ... ... . ... . .. . .. .. ... .. .. . ... . . ...... .. . . . . ...... .... .. . .. .. . . . . . ... . .... . . . .... . .. . . .. . . . . . . .. . . . . .. .. . 16 6.05 Substitutes andbr-Equals"................. ................. ................ ...................... .. .... ........ .... . ........ ... .. ... . . .. ..... ... ... 16 6.07 Patent Fees and Royalties'.,. 010*0000 ",*losses I'loobeeloll's ******a.. .. . 18 6.08 Permits . . .. ........ ... ..... ... . ....... . ..... . . .. . ... ..... .. . ... . . . .. . . .... . .. .... .. ... . .. .. .. ..... .. . .... .... .. . . . .. .... . . ... . . . . . .. . . . . . . . .. .. . .... . . . ... .. . . . 18 6.09 Laws and Regulations ........ .. .. .... . .... .... .... . .... .. ..... ............. ....... .. .. .... ......... ..... .... ... .... .. . .. .. .. .... .. . .. .. ...... .. .. . . .... 18 00700 - General Conditions (EJCDC) 00700 - 2 _ C:Wy 700 - CmwW Conft= (EXDQ.doe Rev. 05mi 6. 10 Taxes, .,. ........ ......... .. . ....... .. . .. ........ . . .... . .. ... .. ....... ...... ... .. .... . ... .. . . .. . . . .. ... . .... . . ..... . .. . .. .. . . . .. . . . .. . . . . .. . . .... . . .. .. .. . ... .. . 18 6. 11 Use of Site and OtherAreas . . 18 6. 13 Safety and Protection ... .. ..... . ..... .... ....... .. .... . . ........ .... .. ...... . . .... . ...... . .. .. ...... .. .. ... . .............. . ...... .. ....... .. ...... . ..... 19 ' 6. 14 Safety Representative .. ........ . .. . .. .... . . . ...... .. .... . ..... . . .... . .... .. ... . ..... .. .. ... .. . .. .. . .. . . . .. ... .. . .... . . . . . . . .... . .... . .. . ...... ...... . . . 19 6. 15 Hazard Communication Programs.. 19 6. 16 F_rnergencies ...... ... ........ .. ...... . .. .. . ..... . .. ....... ... . . . . ..... ..... . .. ... .. .... ....... .. .. . . .. .. . . ...... .. . ..... .. . . . . . .. . .. .. . ...... .. . ..... . . . . ... 19 ' 6. 17 Shop Drawings and Samples .. . . . .... . . . .. .. . . ... .. .. . .... . . . . . . . . . .. . .. .. .. . ... . . .. . .... . ..... ... ... . ... . . .. ... .. . . ... . . . .. . . . .. . . . ... ... .... . . . .. . 19 6. 18 Continuing the Wor1c. .. . . ..... . .. . . . ..... . . .. .. . . ..... .... . ....... . . ... .. ... . 20 6. 19 CONTRACTOR'S General Warranty and Guarantee . .. ... . . ..... .... . . ... .. ... .. 20 6.20 Indemnification .. .. . . . . . . .... .. .. . . . . . . .. . .. . . ... . . . . .... . . .. . . .. . . . . . . . ... . . ... . . . . . . . . . .. .. ..a .. . . . ... . .4 . ... . . . . . . . . . 0 . . . . . .. . . .. . . . . . . .. . . . . . . ..0006 . .. . 21 ' ARTICLE 7 - OTHER WORK ..., ,, a", sea's 0,4,0, as *,a "a " ,Vvs "ease 6, 0.... . . ..... .... . . ... ...... . .4, 444... .... 4*00800021 7.01 Related Work at Site . .. . .. . . . . .. .. . .. . .. . . .... . . . ... . .. . ..... . . ... . . ... .. . . . . .... . . . .. ... . .. . . .. . . . .0. . . . . . .. .. . . . ... . . . .. . . . . . . . ... . . . . .. .. . . 0.. ..4 .00. 21 7.02 Coordination. . .. . . ..... . . . ...... . . . ... .. . .... . . .... . . . .... . . . . . ... .. . . . . . . .. .. ... . . ..... . . . . .. ..... . . .. .. ... . . .... . ... . .... . . . .. . . .. . . . .. .. . . .... . . .... . . .. . . 22 ARTICLE8 - OWNER'S RESPONSIBILITIES ...... ... . .... . . .. . . .. .... . . . .... . . . ... .. . . . . . . . .. . . . . . . . . . .. . ...... .... . . ... . . .. .. . ... . . . .. . .. . . .. . .. . .. . . . . . .. . . . . ..... . . ... .. ... . 22 ' 8.01 Communications to INEEctor........... ............ ................................... .... ..................... ... ...... ...... ..... ... ......... ... 22 8.02 Replacement of ENGINEER . 0000 22 8.03 Furnish Data ............. .......... . . .... ... .. . ...... . . .. .... . .. ... .. . ... . .. ..... .... ........ ... .. . ..... . . .. .... . .... ...... ...0. .. . . . ... ... ... . . .... . ....... 22 8.04 Pay Promptly When Due . . . ... . .. ... .. .. . . .. . . . .. .. . . . ... .. . . . . . .. ...... ........ .. . . . . . ... . . .. . . . ... . .. . .. .. . . .. . . . ... . . . . .. .. .. ... . . . . .... . . . . .. . .. . . 22 ' 8.05 Lands and Easements; Reports and Tests . ..... . .. ... . . ..... . .... . . . . . ...... ... . . .. . . . ... . . .. . . .... . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. ... . .... . 22 8.06 Insurance 22 8.07 Change Orulers.......................... ... . ....... .. ...... ...... ...... . ........ . ...... ..... ......... . ...... . ........ ....... ......... ........ ...... . ...... . 22 ' 8.08 Inspections, Tests, and Approvals ........ .. ....... . . ... . . . . . . .. . . .. . . . . . ........ ... .. .. .. . . . . . .. . . .. . . . . . . . .... . ... . . . . . . . . . . . .. . . . .. ... .. . . . .. .. 22 8.09 Limitations on OWNER's Responsibilities . . 22 8. 10 Undisclosed Hazardous Environmental Condition. . .. . . . .. . . .. . . . . .. . . . . . . . .... . . .. . . . . . . . . . . . . . .. ... . . . . . . . . .. . . . . . . . . .. . . . . . . .. .. .. . . . .. . 22 ' 8. 11 Evidence of Financial Arrangements ... . ....... . . .. .. . . . . .. . ............... .. .. ... ..... ... .. .... .. . . ... . ... .. . .. .. .. .. . ... . .... ..... .. . . . .... .... 22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ... . . . .. ... . .... . . .... . .... ...... .. . ...... . . ... . . ... . . . ..... .. . ..... . . ... . . . . .. . ... . . . ...... . . . . . . . .. . 22 9.01 OWNER'S Representative,. 10,114110* on too 1.4 11.111*4 0 1 1 10,1110*04 men,** *00 ego&....... .... 22 ' 9.02 Visits to Site .....ntat...... . ...... .. . ... ...... ............... ... .... ..... ...... .... . ...... .. . .. .... ...... . ...... ........ . . ... . . .. ... ... . . . . ......... . .. .... 22 9.03 Project Representatnre . . 23 9.04 Clarifications and Interpretations ..... .... . .. . . . . .. . .. . .. . . . ... . . .. . .. .. . . . ..... . . .. . .. . ...... . . .... . . .... . ... . . . . . . . . .. . . .... . . . .... . . ... . ..... . .. . 23 ' 9.05 Authorized Variations in Work............. ....... .. ........ .............................. ...... ....... .... . ... . . .. ... ........ ......... ...... ... ....0 23 9.06 Rejecting Defective Work ....... .... .. ....... . ..... ...... .. ..... ..... ...... .... ............ . ........ . . ..... ............. .... . .. ....... ....... ........ . 23 9.07 Shop Drawings, Change Orders and Payments......................................................................... ........ ...........4 23 ' 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................... ........ 23 9. 10 Limitations on ENGINEER'S Authority and Responsibilities, 10,101,100000,000 0000 a *** 0 644 weo***Oe 0*0 0 **e**,O ,000 eve 0 24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ........ ..... .. .... ....... . ............ .. .. ... ... .... ...... ....... .... .. ..... . ..... ........ . ....... . . . . ..... .. ..... .... .... 24 ' 10.01 Authorized Changes in the Work... ....... ... . .. . ...... . ...... ... .. .... . . ... . . .... ..... ....... ... . . . ... . .... . .. . . . ... . . . .. .. . ...... ... . .. . . .... .... 24 10.02 Unauthorized Changes in the Works 0 . .... . .. .. ........... ...... .sea. .... . ...024 10.03 Execution of Change Orders............................ .................. ................. ........ ....... .... ........... .................. .. .... .... 24 ' 10.04 fn to Surety . 24 10.05 Claims and . ... . . .... . . . .. . 24 ' ARTICLE 11 as COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .... . ... ..... . ....... ..... . .. .. .. .. . .. . . .. .... .. ...... .... . . . ... ..... ..... 25 11 .01 Cost of the Work . ................. ........ ................ .. .... . ...... ..... . .. . ........ ... ............ ........ . ... . .. ... . ......... . .. ... ..... ............ 25 11 .02 Cash Alkwances.......... ............. ............. ......... ......................... . ................. ............... ... .. . .... ..... . ... .... . ........... 26 11 .03 Unit Price Work ..... . ....... .. .. ... .. ... .. ...... .. . . .. . ..... . ... .. . . ... . . ..... . .. . . . ...... .. . .. ..... .. . .. . . .. ... . . .. ... . . . . . .. . . . .... ...... . .... . .. . . .. . . .. 27 ARTICLE 12 as CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .... . ............... . . ...... ... .... .. ... . . . . ... .. .. .. ... ... .. ..... ...... . 27 12.01 Change of Contract Price .. ...... .......... ........ ..... .. . . ... .. ... .. .... ... .... ...... ... ... ....... . . .... .... . .... .. ..... . .. .. . .. . ... .. . . ... . . ... . .. . 27 ' 12.02 Change of Contract Times ........................ .................. .......... .... ............ ...... ........ ............ ............ .. ..... .. ..... .... 27 00700 as General Conditions (EJCDC) 00700 as 3 - C:%Iy Doaona6*gemW26ZSpedficadoro100700 - Gews! Condidm (EKX)Q.doe Rev. 05/01 ' 12.03 Delays Beyond CONIRACTOR's Control .... . . . .. . .. . .. .. . . . . . . . .... . . .. . .... . . .. . . .. . . . .. ... . . . . . . . .... .. . . . . . . . . .. .. .. . .. . . .. . . . . ..... .. . .. 28 12.04 Delays Within CONTRACTOR's Control . . 28 12.06 Delay Damages.. .. .. .. . . . ....... .. .. .... .. .. . ....... ........ .. .. ...... ............ . . . .... . .. .. ... ...... ......... .. . ..... ... . ..... ... .. . ... . . ... . . ... ... . . . 28 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .. . . .. . . . .... . .... .... . 28 13.01 Notice of Defects..... . 4. ... . . q" d,*" o"4 .. 0 ,4 . 46 . . .... 28 13.02 Access to Work.. ................ ... .. .. . .. . ................... .. ...... ..... ............. ............ .... . . .... ... ....... ... .... .. ... ... . . .... .. ... .... . . .. 28 13.03 Tests and /nspecions. . ... ..... . . .. . .. . . . .... . . ..... . . ... .... .. ... .. ..... .. . ... .. . . ..... .. . .......... . ... .. . ... . .. . .. . . . . . .. . . . .. .. ... . . . .... ... . . ..... 28 13.04 Uncovering Work. . .. . .. . . ... . 29 13.05 OWNER May Stop the Work .. . ....... . .. .... . .. ...... . . .. .. . ... . . ...... . . ..... .. ... . . . . . .. .... . . . . .. .. ..... . .. . .. . . ... . . ... .. . . .... . ....... .. .... 29 ' 13.06 Correction or Removal of DefectiveWork. . ........ .. ... .. .. . . ..... . . ...... .. ........... . ... . . . ... . ..... . ... . ... . ... ..... ... . . .. . ..... .. . .... .. 29 13.07 Correction Period ........... .. ............. ........ .. .............. ............. ............... .......... . ... .......... ... ..... .. ........ .... . ............ 29 13.06 Acceptance of Defective Work.... . . . ..... . . ...... . . . .. .... . . ........ . .. . .... ....... . . ..... .... ... .... .... ..... ... .. ... . . . . .. .... ... ... ....... . ..... 29 13.09 OWNER May Correct Defective Work. . .. . .. . . ... . ... . . .. . . ... . .. .. . . . ...... . ..... . .. .... . ..... .. .. . . . . ... . . . .. .. . . . . . . ... . .. . . ... .. ... . . .. . . ... 30 CONTRACTOR AND COMPLETION . ..... . ... . . ... .... . . ........ . . ..... . ..... . . . .... . .. .. . . . ... . . ... .. . . .. .. .. . .... ... . . ... . .. .. .. .. 30 ARTICLE 14 - PAYMENTS TO 14.01 Schedule of Values . . . . ....... .. .... . . . ... . . . . . .. .. . . .. . . ... . . . .. . .. ... . . . .. . .. . . . . .. .. . . ... ... . .. . .. . . ... . . ... . . ... . . .. ... . . . . .. . . . . . .. .. . ... . .. . .. . .. .. 30 4,00*a6*640000000 14.02 Progress Payments ........................ ...... ... ... ... .. ......... . ............. ................. .... ....... ..... ...... . ................... ... 30 14.03 CONTRACTOR's Warranty of True . . 32 14.04 Substantial Completion ..... . . .... .. .. .... .. ..... ... ....... . . . ... .. ..... . . ..... . ..... . .. . . .... . .... . .. . . . .. ... .. . . ... ... . . ... . . .. .. .... . . .... . ... ....... 32 14.05 Partial Utilization.. .. . ... . . . . .... . . . . . ... . .. .. .. ... . .. . ... . ... . .... . ... .. . ...... ..... . .... .. ........ ..... . .... . . ... .. .... . . . .. . . ...... .. . . ... .. ............. 32 14.06 Final Inspection ... .. . .., . . . . ., . 32 14.07 Final Payment . ..... ..... . .. ... ... ...... . . . ....... . .. ....... .. .. .. . ... . ......... ...... .. ..... ... ... ..... . ...... .... . .... .. .... . ..... .... ....... . ... . ... .... 32 14.09 Warr of Claims ... ... ..... ...... . ..... . .... . . . . . ...... ...... . . . .. ... ............. . .. ... . .. ..... ...... . ..... .... ....... .. .. . .. . . ... ... .. ... . .......1111... 33 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . .. . .. . . .. .. . . . . . ........ . . . ... ... . .... . . . ....... ... .. . .. ... .. ..... .... . . .. .... .... . .. . . .... ....... . ... ... 33 15.01 OWNER May Suspend Work . . . . . . . ... . . . . .... . . .. . . . . . .. . . . .. .. . .. . . .... .. . . .... . . . ... .. . . .. ... . . . .. ...... . .... . . . . .... .. .. . . ....... ........ . .... . 33 15.02 OWNER May Terminate for Cause . ...... . . . ...... ..... .. . . ... ... ... .. ..... . .. ............ .. .. .. . ... . . . ... . .. . .. . .. ... . .. . . ...... . .. ... . . .... .... 33 15.03 OWNER May Terminate For Convenienoe ....... . . ..... .... ........ .................... . ............... .. . .. .... ... . .......... ........... . ... 34 15.04 CONTRACTOR May Stop Work or Terminate, 4.1 too, 614,11*61,4040 0004 0490 1411,14*19, 114 34 ARTICLE16 - DISPUTE RESOLUTION . .. . . .. . . .... . . ... . ... . . . . .... . . .. . . . . . . . . ... .. . . . . .. . . . .... . ... .. . . . ... .. . . .. . .. . . . ... . . . ... . . .. ... . .... ... .. ... .. . . . .. ....... ... ...... ... .. 34 16.01 Methods and Procedures.... . . ..... ...... . . . . ..... . . .... . .. . . .. . ...... .. ............ . .. . ... .. ...... . ..... . ...... ... . . . . . .. . ........ . ... .. ... . .. .. .. .. . 34 ' ARTICLE 17 - MISCELLANEOUS .. ... .............. .......... ..... .... . . . .... .... . ... ..... ... . .. .... . . .. ... .. . ..... . .... ........ . . ..... ... ........... . . ... .. ..... ..... .. . .. . ... ...... . 34 17.01 Giving NotioB............................ ............... . ......... ............................................ .. ........ . ....... .. .......................... . 34 17.02 Computation of Trmes............. .... ......... ... ................................. .......................... .. .. ............................ ........... 35 ' 17.03 Cumulative Remedies. ... .... ........ ..... . . . . . . .... ...... .... . .. .... . . .... .. .. .. ... ..... . . ..... ...... . . .. .. . ... .... . . ........ .......... 35 17.04 Survival of Obligations .... . . ...... .. .. ...... .. ... .. . ... .... .. ... . . . .. . . .. ..... . .. 35 17.05 Controlling Law ... ....... .. . .. ...... . .. .. . ...... . .... ..... . .. ......... ....... .. .................... . . . .... . . ...... ..... ... . ..... .... ..... ..... . .. . ......... 35 00700 - General Conditions (EJCDC) 00700 - 4 . C.W y pedfiCMi0w 0900 - Ge=W Condom 09CDQ.doc Rev. 05101 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation ' submitted prior to the Notice of Award) when attached as an 1 .01 Derined Terms exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the A. Wherever used in the Contract Documents and Specifications and the Drawings as the same are more ' printed with initial or all capital letters, the terms listed below will specifically identified in the Agreement, together with all Written have the meanings indicated which are applicable to both the Amendments, Change Orders, Work Change Directives, Feld singular and plural thereof. Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the 1 . Addenda Written or graphic instruments issued Agreement. Approved Shop Drawings and the reports and prior to the opening of Bids which clarify, correct, or change the drawings of subsurface and physical conditions are not Contract Bidding Requirements or the Contract Documents. Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic 2. Agreement-The written instrument which is media format of text, data, graphics, and the like that may be evidence of the agreement between OWNER and furnished by OWNER to CONTRACTOR are not Contract CONTRACTOR covering the Work. Documents. 3. Application for Payment-The form acceptable to 13. Contract Price-The moneys payable by OWNER ' ENGINEER which is to be used by CONTRACTOR during the to CONTRACTOR for completion of the Work in accordance course of the Work in requesting progress or final payments with the Contract Documents as stated in the Agreement and which is to be accompanied by such supporting (subject to the provisions of paragraph 11 .03 in the case of Unit documentation as is required by the Contract Documents. Price Work). 4. Asbestos-Any material that contains more than 14. Contract Times-The number of days or the one percent asbestos and is friable or is releasing asbestos dates stated in the Agreement to: (i) achieve Substantial fibers into the air above current action levels established by the Completion; and (ii) complete the Work so that it is ready for ' United States Occupational Safety and Health Administration. final payment as evidenced by ENGINEER's written recommendation of final payment. 5. Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be 15. CONTRACTOR-The individual or entity with performed. whom OWNER has entered into the Agreement. 6, Bidding Documents-The Bidding Requirements 16. Cost of the Work-See paragraph 11 .01 .A for and the proposed Contract Documents (including all Addenda definition. ' issued prior to receipt of Bids). 17. Drawings-That part of the Contract Documents 7. Bidding Requirements-The Advertisement or prepared or approved by ENGINEER which graphically shows Invitation to Bid, Instructions to Bidders, Bid security form, if the scope, extent, and character of the Work to be performed by any, and the Bid Than with any supplements. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 8. Bonds-Performance and payment bonds and other instruments of security. 18. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effete, but if 9. Change Order-A document recommended by no such date is indicated, it means the date on which the ENGINEER which is signed by CONTRACTOR and OWNER Agreement is signed and delivered by the last of the two parties and authorizes an addition, deletion, or revision in the Work or to sign and deliver. ' an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement 19. ENGINEER-The individual or entity named as such in the Agreement. 10. Claim-A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or 20. ENGINEER's Consultant-An individual or entity ' Contract Times, or both, or other relief with respect to the terms having a contract with ENGINEER to furnish services as of the Contract. A demand for money or services by a third ENGINEER's independent professional associate or consultant party is not a Claim. with respect to the Project and who is identified as such in the Supplementary Conditions. ' 11 . Contract-The entire and integrated written agreement between the OWNER and CONTRACTOR 21 . Field Order-A written order issued by ENGI- conceming the Work. The Contract supersedes prior NEER which requires minor changes in the Work but which negotiations, representations, or agreements, whether written or does not involve a change in the Contract Price or the Contract oral. Times. 12. Contract Documents-The Contract Documents 22. General Requirements-Sections of Division 1 of establish the rights and obligations of the parties and include the the Specifications. The General Requirements pertain to all Agreement, Addenda (which pertain to the Contract sections of the Spedfications. 00700 - General Conditions (EJCDC) 00700 - 5 C.Ift DomonedeVmjeM\0262\spea6aaioas'MM - cmaai ConMm m-1CDC).doc Rev. 05/01 36. Radioactive Mateda/ ,Souroe, special nuclear, or 23. Hazardous Environmental Condition The byproduct material as defined by the Atomic Energy Act of 1954 presence at the Site of Asbestos, PCBs, Petroleum, Hazardous (42 USC Section 2011 et seq. ) as amended from time to time. Waste, or Radioactive Material in such quantities or ' circumstances that may present a substantial danger to persons 37. Resident Pried RepresentaUve-The authorized or property exposed thereto in connection with the Work. representative of ENGINEER who may be assigned to the Site or any part thereof. 24. Hazardous Waste-The term Hazardous Waste ' shall have the meaning provided in Section 1004 of the Solid 38. Samples-Physical examples of materials, Waste Disposal Act (42 USC Section 6903) as amended from equipment, or workmanship that are representative of some time to time. portion of the Work and which establish the standards by which such portion of the Work will be judged. 25. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordinances, codes, 39. Shop Drawings-All drawings, diagrams, illustra- and orders of any and all governmental bodies, agencies, tions, schedules, and other data or information which are authorities, and courts having jurisdiction. specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of ' 26. Liens-Charges, security interests, or the Work. encumbrances upon Project funds, real property, or personal property. 40. Site-Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the ' 27. M&Wbne-A principal event specified in the Work is to be performed, including rights-of-way and easements Contract Documents relating to an intermediate completion date for access thereto, and such other lands furnished by OWNER or time prior to Substantial Completion of all the Work which are designated for the use of CONTRACTOR. 28. Notice of Award ..The written notice by OWNER 41 . Speafftca6ons-That part of the Contract to the apparent successful bidder stating that upon timely Documents consisting of written technical descriptions of compliance by the apparent successful bidder with the materials, equipment, systems, standards, and workmanship as conditions precedent fisted therein, OWNER will sign and applied to the Work and certain administrative details applicable ' deliver the Agreement. thereto. 29. Notice to Proceed-A written notice given by 42. Subcontractor-An individual or entity having a OWNER to CONTRACTOR fixing the date on which the direct contract with CONTRACTOR or with any other ' Contract Times will commence to run and on which Subcontractor for the performance of a part of the Work at the CONTRACTOR shall start to perform the Work under the Site. Contract Documents. 43, Substantial Completion-The time at which the 30. OWNER-The individual, entity, public body, or Work (or a specified part thereof) has progressed to the point authority with whom CONTRACTOR has entered into the where, in the opinion of ENGINEER, the Work (or a specified Agreement and for whom the Work is to be performed. part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part 31 . Partial Utilization-Use by OWNER of a substan- thereof) can be ubbed for the purposes for which it is intended. tially completed part of the Work for the purpose for which it is The terms `substantially complete and "substantially intended (or a related purpose) prior to Substantial Completion completed" as applied to all or part of the Work refer to of all the Work. Substantial Completion thereof. ' 32. PCBs-Polychlorinated biphenyls. 44. Supplementary Conditions-That part of the Contract Documents which amends or supplements these 33. Petroleum--Petroleum, including crude oil or any General Conditions. ' fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 45. Supplier-A manufacturer, fabricator, supplier, pounds per square inch absolute), such as oil, petroleum, fuel distributor, materialman, or vendor having a direct contract with oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with CONTRACTOR or with any Subcontractor to furnish materials other non-Hazardous Waste and crude oils. or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 34. Prg0d The total constriction of which the Work to be performed under the Contract Documents may be the 46. Underground Facilities- All underground whole, or a part as may be indicated elsewhere in the Contract pipelines, conduits, ducts, cables, wires, manholes, vaults, ' Documents. tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that 35. Project Manual-The bound doc urnentary convey electricity, gases, steam, liquid petroleum products, information prepared for bidding and constructing the Work. A telephone or other communications, cable television, water, ' listing of the contents of the Project Manual, which may be wastewater, storm water, other liquids or chemicals, or traffic or bound in one or more volumes, is contained in the table(s) of other control systems. contents. 00700 - 6 47. Unit Price Work Work to be paid for on the basis inspection, reference standard, test, or approval of unit prices. referred to in the - Contract Documents, or has been damaged prior to ENGINEER's recommendation of final 48. Work—The entire completed constriction or the payment (unless responsibility for the protection thereof ' various separately identifiable parts thereof required to be has been assumed by OWNER at Substantial provided under the Contract Documents. Work incudes and is Completion in accordance with paragraph 14.04 or the result of performing or providing all labor, services, and 14.05). documentation necessary to produce such construction, and L furnishing, installing, and incorporating all materials and D. Furnish, Install, Perform, Provide equipment into such construction, all as required by the Contract Documents. 1 .The word Yumish,' when used in connection with services, materials, or equipment, shall mean to supply 49. Work Change Directive A written statement to and deliver said services, materials, or equipment to the CONTRACTOR issued on or after the Effective Date of the Site (or some other specified location) ready for use or Agreement and signed by OWNER and recommended by installation and in usable or operable condition. ENGINEER ordering an addition, deletion, or revision in the Work or responding to differing or unforeseen subsurface or 2.The word "install; when used in connection with ' physical conditions under which the Work is to be performed or services, materials, or equipment, shall mean to put into to emergencies. A Work Change Directive will not change the use or place in final position said services, materials, or Contract Price or the Contract Times but is evidence that the equipment complete and ready for intended use. parties expect that the change ordered or documented by a ' Work Change Directive will be incorporated in a subsequently 3.The words "perform" or "provide," when used in issued Change Order following negotiations by the parties as to connection with services, materials, or equipment shall its effect, if any, on the Contract Price or Contract Times. mean to furnish arid . install said services, materials, or equipment complete and ready for intended use. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and 4. When 'furnish," "install; 'perform," or "Provide' is CONTRACTOR on or atter the Effective Date of the Agreement not used in connection with services, materials, or and normally dealing with the non-engineering or non-technical equipment in a context dearly requiring an obligation of ' rather than strictly construction-related aspects of the Contract CONTRACTOR, "provide" is implied. Documents. E. Unless stated otherwise in the Contrail Documents, 1 .02 Terminology words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract A. Intent of Certain Terms orAdjectAos Documents in accordance with such recognized meaning. 1 . Whenever in the Contract Documents the terms "as allowed," "as approved," or terns of like effect or import ARTICLE 2 - PRELIMINARY MATTERS are used, or the adjectives "reasonable," "suitable; "acceptable; "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or 2. 01 Delivery of Bonds determination of ENGINEER as to the Work it is intended that such action or determination will be solely to evaluate, A. When CONTRACTOR delivers the executed in general, the completed Work for compliance with the Agreements to OWNER, CONTRACTOR shall also deliver to requirements of and information in the Contract Documents OWNER such Bonds as CONTRACTOR may be required to and conformance with the design concept of the completed furnish. Project as a functioning whole as shown or indicated in the . Contract Documents (unless there is a specific statement 2.02 Copies of Documents Indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or A. OWNER shall furnish to CONTRACTOR up to ten ' authority to supervise or direct the performance of the Work copies of the Contract Documents. Additional copies will be or any duty or authority to undertake responsibility contrary furnished upon request at the cost of reproduction. to the provisions of paragraph 9. 10 or any other provision of the Contrad Documents. 2.03 Commencement of Contract Times; Notice to Proceed B. Day A. The Contract Times will commence to run on the 1 .The word "day" shall constitute a calendar day of thirtieth day after the Effective Date of the Agreement or, if a ' 24 hours measured from midnight to the next midnight. 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 C. Defecctim 30 days after the Effective Date of the Agreement In no even will the Contract Times commence to run later than the sixtieth ' 1 .The word "defective," when modifying the word day after the day of Bid opening or the thirtieth day after the "Worts,' refers to Work that is unsatisfactory, faulty, or Effective Date of the Agreement, whichever date is earlier. deficient in that it does not conform to the Contrad Documents or does not meet the requirements of any ' 00700 - 7 ' 2.04 Starting the Work 2.07 Initial Acceptance of Schedules A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commerce to run. No Work A. Unless otherwise provided in the Contract Docu- shall be done at the Site prior to the date on which the Contract merits, at least ten days before submission of the first ' Times commence to run. Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be 2. 05 Before Starting Construction held to review for acceptability to ENGINEER as provided below L the schedules submitted in accordance with paragraph 2.05.B.A. CONTRACTOR's Review of Contract Documents: CONTRACTOR shall have an additional ten days to make Before undertaking each part of the Work, CONTRACTOR shall corrections and adjustments and to complete and resubmit the carefully study and compare the Contract Documents and schedules. No progress payment shall be made to check and verify pertinent figures therein and all applicable field CONTRACTOR until acceptable schedules are submitted to measurements. CONTRACTOR shall promptly report in writing ENGINEER. to ENGINEER any oonflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written 1 -The progress schedule will be acceptable to interpretation or clarification from ENGINEER before proceeding ENGINEER if it provides an orderly progression of the ' with any Work affected thereby; however, CONTRACTOR shall Work to completion within any specified Milestones and not be liable to OWNER or ENGINEER for failure to report any the Contract Times. Such acceptance will not impose conflict, error, ambiguity, or discrepancy in the Contract on ENGINEER responsibility for the progress schedule, Documents unless CONTRACTOR knew or reasonably should for sequencing , scheduling, or progress of the Work nor have known thereof. interfere with or relieve CONTRACTOR from CONTRACTOR'S full responsibility therefore. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in 2.CONTRACTOR's schedule of Shop Drawing and the General Requirements), CONTRACTOR shall submit to Sample submittals will be acceptable to ENGINEER if it ENGINEER for its timely review: provides a workable arrangement for reviewing and processing the required submittals. 1 .a preliminary progress schedule indicating the times (numbers of days or dates) for starting and 3.CONTRACTOR's schedule of values will be completing the various stages of the Work, including acceptable to ENGINEER as to form and substance if it any Milestones specified in the Contract Documents; provides a reasonable allocation of the Contract Price to component parts of the Work. 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, such submittal; and AMENDING, REUSE 3. a preliminary schedule of values for all of the Work which incudes quantities and prices of items 3. 01 Intent which when added together equal the Contract Price and subdivides the Work into component parts in A. The Contract Documents are complementary; what sufficient detail to serve as the basis for progress is called for by one is as binding as if called for by all. payments during performance of the Worts. Such prices will include an appropriate amount of overhead and B. It is the intent of the Contract Documents to describe profit applicable to each item of Work. a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any . C. Evidence of Insurance: Before any Work at the Site is labor, documentation, services, materials, or equipment that started, CONTRACTOR and OWNER shall each dernrer to the may reasonably be inferred from the Contract Documents or other, with copies to each additional insured identified in the frau prevailing custom or trade usage as being required to ' Supplementary Conditions, certificates of insurance (and other produce the intended result will be provided whether or not evidence of insurance which either of them or any additional specifically called for at no additional cost to OWNER. insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in C. Clarifications and interpretations of the Contract ' accordance with Article 5 Documents shall be issued by ENGINEER as provided in Article 9. 2.06 Preoonstruction Conference 3.02 Reference Standards A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference A. Standards, Specifications, Codes, Laws, and attended by CONTRACTOR, ENGINEER, and others as Regulations appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules 1 . Referenoe to standards, specifications, manuals, ' referred to in paragraph 2.05.13, procedures for handling Shop or codes of any technical society, organization, or . Drawings and other submittals, processing Applications for association, or to Laws or Regulations, whether such Payment, and maintaining required records. reference be specific or by implication, shall mean the ' 00700 - 8 ' standard, specification , manual, code, or Laws or the terms and conditions thereof in one or more of the following Regulations in effect at the time of opening of Bids (or ways: (i) a Written Amendment; (ii) a Change Oilier, or (iii) a on the Effective Date of the Agreement if there were no Work Change Directive. Bids), except as may be otherwise specifically stated in ' the Contract Documents. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work 2. No provision of any such standard, specification, may be authorized, by one or more of the following ways: (i) a manual or code, or any instruction of a Supplier shall be Field Order, (ii) ENGINEER's approval of a Shop Drawing or effective to change the duties or responsibilities of Sample; or (iii) ENGINEER's written interpretation or OWNER, CONTRACTOR, or ENGINEER, or any of clarification. their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor 3.05 Reuse of Documents shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A CONTRACTOR and any Subcontractor or Supplier or Consultants, agents, or employees any duty or authority other individual or entity performing or furnishing any of the to supervise or direct the performance of the Work or Work under a direct or indirect contract with OWNER: (i) shall any duty or authority to undertake responsibility not have or acquire any title to or ownership rights in any of the inconsistent with the provisions of the Contract Drawings, Specifications, or other documents (or copies of any Documents. thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; 3.03 Reporting and Resolving Discrepancies and (ii) shall not reuse any of such Drawings, Specifications, ' other documents, or copies thereof on extensions of the Project A. Reporting Discrepancies or any other project without mitten consent of OWNER and ENGINEER and specific written verification or adaption by 1 . If, during the performance of the Work, ENGINEER. This prohibition will survive final payment, CONTRACTOR discovers any conflict, error, ambiguity, completion, and acceptance of the Work, or termination or or discrepancy within the Contract Documents or completion of the Contract. Nothing herein shall preclude between the Contract Documents and any provision of CONTRACTOR from retaining copies of the Contract any Law or Regulation applicable to the performance of Documents for record purposes. ' the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND at once. CONTRACTOR shall not proceed with the PHYSICAL CONDITIONS; REFERENCE POINTS Work affected thereby (except in an emergency as required by paragraph 6. 16A) until an amendment or supplement to the Contract Documents has been 4.01 Avaiiability of Lands issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not A. OWNER shall furnish the Site. OWNER shall notify be liable to OWNER or ENGINEER for failure to report CONTRACTOR of any encumbrances or restrictions not of any such conflict, error, ambiguity, or discrepancy general application but specifically related to use of the Site with unless CONTRACTOR knew or reasonably should have which CONTRACTOR must comply in performing the Work. known ftreof OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing B. ResoMng Discmpancies facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any 1 , Except as may be otherwise specifically stated in adjustment in the Contract Price or Contract Times, or both, as the Contrad Documents, the provisions of the Contract a result of any delay in OWNER's furnishing the Site, Documents shall take precedence in resolving any CONTRACTOR may make a Claim therefore as provided in conflict error, ambiguity, or discrepancy between the paragraph 10.05. provisions of the Contract Documents and: B. Upon reasonable written request, OWNER shall a. the provisions of any standard, specification, fumish CONTRACTOR with a current statement of record legal manual, code, or instruction (whether or not title and legal description of the lands upon which the Work is to specifically incorporated by reference in the be perfomred and OWNER's interest therein as necessary for ' Contract Documents); or giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and b. the provisions of any Laws or Regulations Regulations. applicable to the performance of the Work (unless such an interpretation of the provisions of the C. CONTRACTOR shall provide for all additional lands Contract Documents would result in violation of and access thereto that may be required for temporary such Law or Regulation). construction facilities or storage of materials and equipment. 3.04 Amending and Supplementing Contract Documents 4.02 Subsurface and Physical Conditions A The Contract Documents may be amended to provide A Reports and Drawings. The Supplementary for additions, deletions, and revisions in the Work or to modify Conditions identify: ' 00700 - 9 r perform any Work in connection therewith (except as aforesaid) 1 .those reports of explorations and tests of until receipt of written order-to do so. subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract B. ENGINEER's Review, After receipt of written notice ' Documents; and as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of 2. those drawings of physical conditions in or OWNER's obtaining additional exploration or tests with respect relating to existing surface or subsurface structures at or thereto, and advise OWNER in writing (with a copy to contiguous to the Site (except Underground Facilities) CONTRACTOR) of ENGINEER's findings and conclusions. that ENGINEER has used in preparing the Contrail Documents C. Passible Price and Times Adjustments B. limited Reliance by CONTRACTOR on Technical 1 . The Contract Price or the Contract Tines, or ' Data Auttwrized: CONTRACTOR may rely upon the general both, will be equitably adjusted to the extent that the accuracy of the 'technical data" contained in such reports and existence of such differing subsurface or physical drawings, but such reports and drawings are not Contract condition causes an increase or decrease in Documents. Such `technical data' is identified in the CONTRACTOR s cost of, or time required for, ' Supplementary Conditions. Except for such reliance on such performance of the Work; subject, however, to the 'teclmnical data," CONTRACTOR may not rely upon or make following: any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: a. such condition must meet any one or more of the categories described in paragraph 4.03A; i .the completeness of such reports and drawings and for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, b. with respect to Work that is paid for on a techniques, sequences, and procedures of construction Unit Price Basis, any adjustment in Contract Price to be employed by CONTRACTOR, and safety will be subject to the provisions of paragraphs 9.08 precautions and programs incident thereto; or and 11 .03. 2. other data, interpretations, opinions, and 2. CONTRACTOR shall not be entitled to any information contained in such reports or shown or adjustment in the Contract Price or Contract Times it indicated in such drawings; or a. CONTRACTOR knew of the existence of 3.any CONTRACTOR interpretation of or such conditions at the time CONTRACTOR made a conclusion drawn from any "technical data" or any such final commitment to OWNER in respect of Contract other data, interpretations, opinions, or information. Price and Contrail Times by the submission of a Bid or becoming bound under a negotiated contract; 4.03 Differing Subsurface or Physical Conditions or A. Notice; If CONTRACTOR believes that any b. the existence of such condition could subsurface or physical condition at or contiguous to the Site that reasonably have been discovered or revealed as a I ur> cceeredor � either result of any examination, investigation, exploration, test, or study of the Site and contiguous areas 1 . is of such a nature as to establish that any required by the Bidding Requirements or Contract "technical data" on which CONTRACTOR is entitled to Documents to be conducted by or for rely as provided in paragraph 4.02 is materially CONTRACTOR prior to CONTRACTOR's making inaccurate; or such final commitment or 2. is of such a nature as to require a change in the c. CONTRACTOR failed to give the written Contract Documents; or notice within the time and as required by paragraph 4.03.A. 3.differs materially from that shown or indicated in the Contrail Documents; or 3. I1' OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if 4. is of an unusual nature, and differs materially from any, of any adjustment in the Contract Price or Contrail conditions ordinarily encountered and generally recognized as Times, or both, a Claim may be made therefore as inherent in work of the character provided for in the Contract provided in paragraph 10.05. However, OWNER, Documents; ENGINEER, and ENGINEER's Consultants shall not be ' liable to CONTRACTOR for any claims, costs, losses, then CONTRACTOR shall, promptly after becoming aware or damages (including but not limited to all fees and thereof and before further disturbing the subsurface or physical charges of engineers, architects, attorneys, and other conditions or performing any Work in connection therewith professionals and all court or arbitration or other dispute (except in an emergency as required by paragraph 6. 16A), resolution costs) sustained by CONTRACTOR on or in notify OWNER and ENGINEER in writing about such condition, connection with any other project or anticipated per• CONTRACTOR shall not further disturb such condition or 00700 - 10 r 4.04 Underground Facilities on the amount or extent, if any, of any such adjustment ' in Contract Price or Contract Times, OWNER or A. Shown or indicated.• The information and data shown CONTRACTOR may make a Claim therefore as or indicated in the Contract Documents with respect to existing provided in paragraph 10.05. Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by 4.05 Reference Points the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the A. OWNER shall provide engineering surveys to Supplementary Conditions: establish reference points for oonstructionwhich in ENGINEER's ' judgment are necessary to enable CONTRACTOR to proceed 1 . OWNER and ENGINEER shall not be with the Work CONTRACTOR shall be responsible for laying responsible for the accuracy or completeness of any out the Work, shall protect and preserve the established such information or data; and reference points and property monuments, and shall make no changes or relocations without the prior written approval of 2.the cost of all of the following will be included in OWNER. CONTRACTOR shall report to ENGINEER whenever the Contract Price, and CONTRACTOR shall have full any reference pant or property monument is lost or destroyed responsibility for or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate a. reviewing and checking all such information replacement or relocation of such reference points or property and data, monuments by professionally qualified personnel. b. locating all Underground Facilities shown or 4.06 Hazardous Environmental Condition at Site indicated in the Contract Documents, A. Repots and Drawings: Reference is made to the c, coordination of the Work with the owners of Supplementary Conditions for the identification of those reports such Underground Facilities, including OWNER, and drawings relating to a Hazardous Environmental Condition during construction, and identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. d. the safety and protection of all such Underground Facilities and repairing any damage B. Limited Reliance by CONTRACTOR on Technical thereto resulting from the Work. Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and B. Not Shown or Indicated drawings, but such reports and drawings are not Contract ' Documents. Such 'technical data" is identified in the 1 .I1' an Underground Facility is uncovered or Supplementary Conditions. Except for such reliance on such revealed at or contiguous to the Site which was not 'technical data,' CONTRACTOR may not rely upon or make shown or indicated, or not shown or indicated with any Claim against OWNER, ENGINEER or any of ENGINEER's ' reasonable accuracy in the Contract Documents, Consultants with respect to: CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected 1 . the completeness of such reports and drawings thereby or performing any Work in connection therewith for CONTRACTOR's purposes, inducting, but not (except in an emergency as required by paragraph limited to, any aspects of the means, methods, �. 6. 16A), identity the owner of such Underground Facility techniques, sequences and procedure; of construction and give written notice to that owner and to OWNER to be employed by CONTRACTOR and safety and ENGINEER. ENGINEER will promptly review the precautions and programs incident thereto; or Underground Facility and determine the exteK if any, to which a change is required in the Contract Documents 2.other data, interpretations, opinions and to reflect and document the consequences of the information contained in such reports or shown or existence or location of the Underground Facility. Indicated in such drawings; or During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground 3. any CONTRACTOR interpretation of or Facility. conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change C. CONTRACTOR shall not be responsible for any Directive or a Change Order will be issued to reflect and Hazardous Environmental Condition uncovered or revealed at document such consequences. An equitable the Site which was not shown or indicated in Drawings or adjustment shall be made in the Contract Price of Specifications or identified in the Contract Documents to be Contract Tines, or both, to the extent that they are within the scope of the Work. CONTRACTOR shall be attributable to the existence or location of any responsible for a Hazardous Environmental Condition created Underground Facility that was not shown or indicated or with any materials brought to the Site by CONTRACTOR, not shown or indicated with reasonable accuracy in the Subcontractors, Suppliers, or anyone else for whom Contract Documents and that CONTRACTOR did not CONTRACTOR is responsible. know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and D. If CONTRACTOR encounters a Hazardous CONTRACTOR are unable to agree on entitlement to or Environmental Condition or if CONTRACTOR or anyone for 00700 - 11 whom CONTRACTOR is responsible creates a Hazardous other dispute resolution costs) arising out of or relating to a Environmental Condition, CONTRACTOR shall immediately: (i) Hazardous Environmental Condition created by CONTRACTOR secure or otherwise isolate such condition; (ii) stop all Work in or by anyone for whom CONTRACTOR is responsible. Nothing connection with such condition and in any area affected thereby in this paragraph 4.06.F shall obligate CONTRACTOR to ' (except in an emergency as required by paragraph 6. 16); and indemnify any individual or entity from and against the (iii) notify OWNER and ENGINEER (and promptly thereafter consequences of that indWuars or entity s own negligence. confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain I . The provisions of paragraphs 4.02, 4.03, and 4.04 are a qualified expert to evaluate such condition or take corrective not intended to apply to a Hazardous Environmental Condition action, if any. uncovered or revealed at the Site. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until ARTICLE 5 - BONDS AND INSURANCE after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (1) specifying that such condition and any affected area is or has been 5. 01 Performance, Payment, and Other Bonds rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed A. CONTRACTOR shall furnish performance and safely. If OWNER and CONTRACTOR cannot agree as to payment Bonds, each in an amount at least equal to the entitlement to or on the amount or extent, if any, of any Contract Price as security for the faithful performance and adjustment in Contract Price or Contract Times, or both, as a payment of all CONTRACTOR's obligations under the Contract result of such Work stoppage or such special conditions under Documents. These Bonds shall remain in effect at least until which Work is agreed to be resumed by CONTRACTOR, either one year after the date when final payment becomes due, party may make a Claim therefore as provided in paragraph except as provided otherwise by Laws or Regulations or by the 10.05. Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable B. All Bonds shall be in the form prescribed by the belief it is unsafe, or does not agree to resume such Work Contract Documents except as provided otherwise by Laws or under such special conditions, then OWNER may order the Regulations, and shall be executed by such sureties as are portion of the Work that is in the area affected by such condition named in the current list of `Companies Holding Certificates of to be deleted from the Work. If OWNER and CONTRACTOR Authority as Acceptable Sureties on Federal Bonds and as cannot agree as to entitlement to or on the amount or extent, if Acceptable Reinsuring Companies" as published in Circular 570 any, of an adjustment in Contract Price or Contract Times as a (amended) by the Financial Management Service, Surety Bond result of deleting such portion of the Work, then either party may Branch, U.S. Department of the Treasury. All Bonds signed by make a Claim therefore as provided in paragraph 10.05. an agent must be accompanied by a certified copy of such OWNER may have such deleted portion of the Work performed agents authority to act. ' by OWNER's own forces or others in accordance with Article 7. C. If the surety on any Bond furnished by CON- G. To the fullest extent permitted by Laws and TRACTOR is declared bankrupt or becomes insolvent or its Regulations, OWNER shall indemnify and hold harmless right to do business is terminated in any state where any part of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's the Projed is located or it ceases to meet the requirements of Consultants and the officers, directors, partners, employees, paragraph 5.01 .8, CONTRACTOR shall within 20 days agents, other consultants, and subcontractors of each and any thereafter substitute another Bond and surety, both of which of them from and against all claims, costs, losses, and damages shall comply with the requirements of paragraphs 5.01 . 8 and (including but not limited to all fees and charges of engineers, 5.02. ' architects, attorneys, and other professionals and all court or a*tration or other dispute resolution costs) arising out of or 5.02 Licensed Sureties and Insurers relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (1) was not shown or A. All Bonds and insurance required by the Contract indicated in the Drawings or Specifications or identified in the Documents to be purchased and maintained by OWNER or Contract Documents to be included within the supe of the CONTRACTOR shall be obtained from surety or insurance Work, and (ii) was not created by CONTRACTOR or by anyone companies that are duly licensed or authorized in the jurisdiction for whom CONTRACTOR is responsible. Nothing in this in which the Project is located to issue Bonds or insurance paragraph 4.06.E shall obligate OWNER to indemnify any policies for the limits and coverages so required. Such surety individual or entity from and against the consequences of that and insurance companies shall also meet such additional individual's or entity's own negligence. requirements and qualifications as may be provided in the Supplementary Conditions. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless 5.03 Certificates of Insurance OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other A. CONTRACTOR shall deliver to OWNER, with copies consultants, and subcontractors of each and any of them from to each additional insured identified in the Supplementary and against all claims, costs, losses, and damages (including Conditions, certificates of insurance (and other evidence of but not limited to all fees and charges of engineers, architects, insurance requested by OWNER or any other additional attorneys, and. other professionals and all court or arbitration or insured) which CONTRACTOR is required to purchase and 00700 - 12 maintain. OWNER shall deliver to CONTRACTOR, with copies the Supplementary Conditions or required by Laws or to each additional insured identified in the Supplementary Regulations, whichever is greater, Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional 3. indude completed operations insurance; ' insured) which OWNER is required to purchase and maintain. 4. indude contractual liability insurance covering 5.04 CONTRACTOR's Liability Insurance CONTRACTOR's indemnity obligations under para- graphs 6.07, 6. 11 , and 6.20; A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being 5. corrtain a provision or endorsement that the performed and as will provide protection from claims set forth coverage afforded will not be canceled, materially below which may arise out of or result from CONTRACTOR's changed or renewal refused until at least thirty days performance of the Work and CONTRACTOR's other prior written notice has been given to OWNER and obligations under the Contract Documents, whether it is to be CONTRACTOR and to each other additional insured performed by CONTRACTOR, any Subcontractor or Supplier, identified in the Supplementary Conditions to whom a or by anyone directly or indirectly employed by any of them to certificate of insurance has been issued (and the perform any of the Work, or by anyone for whose acts any of certificates of insurance furnished by the them may be liable: CONTRACTOR pursuant to paragraph 5.03 will so provide); 1 . daims under workers' compensation, disability benefits, and other similar employee benefit acts; 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be 2. claims for damages because of bodily injury, correcting, removing, or replacing defective Work in occupational sickness or disease, or death of accordance with paragraph 13.07; and CONTRACTOR's employees; 7.with respect to completed operations insurance, 3. daims for damages because of bodily injury, and any insurance coverage written on a claims-made sickness or disease, or death of any person other than basis, remain in effect for at least two years after final CONTRACTOR's employees; payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the 4. claims for damages insured by reasonably Supplementary Conditions, to whom a certificate of available personal injury liability coverage which are insurance has been issued , evidence satisfactory to sustained: (i) by any person as a result of an offense OWNER and any such additional insured of directly or indirectly related to the employment of such continuation of such insurance at final payment and one person by CONTRACTOR, or (n) by any other person year thereafter). for any other reason; 1 5.05 OWNER's Liability Insurance 5. daims for damages, other than to the Work itself, because of injury to or destruction of tangible property A. In addition to the insurance required to be provided by wherever located, including loss of use resulting CONTRACTOR under paragraph 5.04, OWNER, at OWNER's therefrom; and option, may purchase and maintain at OWNER's expense OWNER's own frability insurance as will protect OWNER 6. claims for damages because of bodily injury or against claims which may arise from operations under the death of any person or property damage arising out of Contract Documents. the ownership, maintenance or use of any motor 506 Properfy Insurance vehicle. . B. The policies of insurance so required by this A. Unless otherwise provided in the Supplementary paragraph 5.04 to be purchased and maintained shall; Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full 1 .with respect to insurance required by paragraphs replacement cost thereof (subject to such deductible amounts 5.04A3 through 5.04A6 inclusive, include as as may be provided in the Supplementary Conditions or additional insureds (subject to any customary exclusion required by Laws and Regulations). This insurance shall: in respect of professional liability) OWNER, ENGI- NEER, ENGINEER's Consultants, and any other 1 . include the interests of OWNER, individuals or entities identified in the Supplementary CONTRACTOR, Subcontractors, ENGINEER, Conditions, all of whom shall be listed as additional ENGINEER's Consultants, and any other individuals or insureds, and include coverage for the respective entities identified in the Supplementary Conditions, and officers, directors, partners, employees, agents, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded them, each of whom is deemed to have an insurable to these additional insureds shall provide primary interest and shall be listed as an additional insured; coverage for all claims covered thereby; 2.be written on a Builder's Risk 'all risk" or open 2. include at least the specific coverages and be peril or special causes of loss policy form that shall at written for not less than the limits of liability provided in least include insurance for physical loss or damage to 00700 - 13 the Work, temporary buildings, false work, and include such insurance, and the cost thereof will be charged to materials and equipment in transit, and shall insure CONTRACTOR by appropriate Change Order or Written against at least the following perils or causes of loss: Amendment. Prior to commencement of the Work at the Site, fire, lightning, extended coverage, theft, vandalism and OWNER shall in writing advise CONTRACTOR whether or not malicious mischief, earthquake, collapse, debris such other insurance has been procured by OWNER. removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils 5.07 Waiver of Rights or causes of loss as may be specifically required by the Supplementary Conditions; A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect 3. include expenses incurred in the repair or OWNER, CONTRACTOR, Subcontractors, ENGINEER, replacement of any insured property (including but not ENGINEER's Consultants, and all other individuals or entities limited to fees and charges of engineers and architects); identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 4. cover materials and equipment stored at the Site partners, employees, agents, and other consultants and or at another location that was agreed to in writing by subcontractors of each and any of them) in such policies and OWNER prior to being incorporated in the Work, will provide primary coverage for all losses and damages ' provided that such materials and equipment have been caused by the perils or causes of loss covered thereby. All included in an Application for Payment recommended such policies shall contain provisions to the effect that in the by ENGINEER; event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional 5.allow for partial utilization of the Work by insureds thereunder. OWNER and CONTRACTOR waive all OWNER; rights against each other and their respective officers, directors, partners, employees, agents, and other consultards and 6. include testing and startup; and subcontractors of each and any of them for all losses and ' damages caused by, arising out of or resulting from any of the The maintained in effect until final payment is perils or causes of loss covered by such policies and any other made unless otherwise agreed to in writing by OWNER, property insurance applicable to the Work; and, in addition, CONTRACTOR, and ENGINEER with 30 days written waive all such rights against Subcontractors, ENGINEER, notice to each other additional insured to whom a ENGINEER's Consultants, and all other individuals or entities certificate of insurance has been issued. identified in the Supplementary Conditions to be listed as insureds or additional insureds (arid the officers, directors, B. OWNER shall purchase and maintain such boiler and partners, employees, agents, and other consultants and machinery insurance or additional property insurance as may be subcontractors of each and any of them) under such policies for required by the Supplementary Conditions or Laws and losses and damages so caused. None of the above waivers Regulations which will include the interests of OWNER, shall extend to the rights that any party making such waiver may CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's have to the proceeds of insurance held by OWNER as trustee Consultants, and any other individuals or entities identified in or otherwise payable under any policy so issued. the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or B. OWNER waives all rights against CONTRACTOR, additional insured. Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other C. All the policies of insurance (and the certificates or consultants and subcontractors of each and any of them for other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a 1 . 1oss due to business interruption, loss of use, or provision or endorsement that the coverage afforded will not be other consequential loss extending beyond direct canceled or materially changed or renewal refused until at least physical loss or damage to OWNER's property or the M days prior written notice has been given to OWNER and Work caused by, arising out of, or resulting from fire or CONRACTOR and to each other additional insured to whom a other peril whether or not insured by OWNER; and certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. 2. 1oss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or D. OWNER shall not be responsible for purchasing and other insured peril or cause of loss covered by any maintaining any property insurance specified in this paragraph property insurance maintained on the completed Project 5.06 to protect the interests of CONTRACTOR, Subcontractors, or part thereof by OWNER during partial utilization or others in the Work to the extent of any deductible amounts pursuant to paragraph 14.05, after Substantial that are identified in the Supplementary Conditions. The risk of Completion pursuant to paragraph 14.04, or after final loss within such identified deductible amount will be bome by payment pursuant to paragraph 14.07. CONTRACTOR, Subcontradors, or others suffering any such I=, and if any of them wishes property insurance coverage C. Any insurance policy maintained by OWNER covering within the limits of such amounts, each may purchase and any loss, damage or consequential loss referred to in paragraph maintain it at the purchaser's own expense. 5.07. 13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the E If CONTRACTOR requests in writing that other insurers will have no rights of recovery against CONTRACTOR, special insurance be included in the property insurance policies Subcontractors, ENGINEER, or ENGINEER's Consultants and provided under paragraph 5.06, OWNER shall, if possible, L00700 - 14 i ' the officers, directors, partners, employees, agents, and other canceled or permitted to lapse on account of any such partial consultants and subcontractors of each and any of them, use or occupany. 5.08 Receipt and Application of Insurance Proceeds ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 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 6.01 Supervision and Superintendence interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08. 13. OWNER A. CONTRACTOR shall supervise, inspect, and direct shall deposit in a separate account any money so received and the Work competently and efficiently, devoting such attention shall distribute it in accordance with such agreement as the thereto and applying such skills and expertise as may be parties in interest may reach. If no other special agreement is necessary to perform the Work in accordance with the Contract readied, the damaged Work shall be repaired or replaced, the Documents. CONTRACTOR shall be solely responsible for the moneys so received applied on account thereof, and the Work means, methods, techniques, sequences, and procedures of and the cost thereof covered by an appropriate Change Order construction, but CONTRACTOR shall not be responsible for or Written Amendment the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, B. OWNER as fiduciary shall have power to adjust and or procedure of construction which is shown or indicated in and settle any loss with the insurers unless one of the parties in expressly required by the Contract Documents. interest shall object in writing within 15 days after the CONTRACTOR shall be responsible to see that the completed occurrence of loss to OWNER's exercise of this power. If such Work complies accurately with the Contract Documents. objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the B. At all times during the progress of the Work, parties in interest may reach. If no such agreement among the CONTRACTOR shall assign a competent resident parties in interest is reached, OWNER as fiduciary shall adjust superintendent thereto who shall not be replaced without written and settle the loss with the insurers and, if required in writing by notice to OWNER and ENGINEER except under extraordinary any party in interest, OWNER as fiduciary shall give bond for circumstances. The superintendent will be CONTRACTOR's the proper performance of such duties. representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or 5.09 Acceptance of Bonds and Insurance, Option to received from the superintendent shall be binding on Replace CONTRACTOR. A. If either OWNER or CONTRACTOR has any 6.02 Labor, Waking Hours objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained A. CONTRACTOR shall provide competent, suitably by the other party in accordance with Article 5 on the basis of qualified personnel to survey, lay out, and construct the Work non-conformance with the Contract Documents, the objecting as required by the Contract Documents. CONTRACTOR shall party shall so notify the other party in writing within 10 days after at all times maintain good discipline and order at the Site. receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each B. Except as otherwise required for the safety or provide to the other such additional information in respect of protection of persons or the Work or property at the Site or insurance provided as the other may reasonably request. If adjacent thereto, and except as otherwise stated in the Contract either party does not purchase or maintain all of the Bonds and Documents, all Work at the Site shall be performed during insurance required of such party by the Contract Documents, regular working hours, and CONTRACTOR will not permit such party shall notify the other party in writing of such failure to overtime work or the performance . of Work on Saturday, purchase prior to the start of the Work, or of such failure to Sunday, or any legal holiday without OWNER's written consent maintain prior to any change in the required coverage. Without (which will not be unreasonably withheld) given after prior prejudice to any other right or remedy, the other party may elect written notice to ENGINEER. 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 6.03 Services, Materials, and Equipment must the Contract Price accordingly. A. unless otherwise specified in the General 5. 10 Partial Utilization, Acknowledgment of Property Requirements, CONTRACTOR shall provide and assume full Insurer responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, A. if OWNER finds it necessary to occupy or use a appliances, fuel, power, light, heat, telephone, water, sanitary portion or portions of the Work prior to Substantial Completion facilities, temporary fecifities, and all other facilities and of all the Work as provided in paragraph 14.05, no such use or incidentals necessary for the performance, testing, start-up, and occupancy shall commence before the insurers providing the completion of the Work, property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any B. All materials and equipment incorporated into the changes in coverage necessitated thereby. The insurers Work shall be as specified or, if not specified, shall be of good providing the property insurance shall consent by endorsement quality and new, except as otherwise provided in the Contract on the policy or policies, but the property insurance shall not be Documents. All warranties and guarantees specifically called 00700 = 15 for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall b. CONTRACTOR certifies that (i) there is no furnish satisfactory evidence (including reports of required tests) increase in cost to the OWNER; and (ii) it will as to the source, kind, and quality of materials and equipment conform substantially, even with deviations, to the All materials and equipment shall be stored, applied, installed, detailed requirements of the item named in the connected, erected, protected, used, cleaned, and conditioned Contract Documents. in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract 2. Substitute Items Documents. a. If in ENGINEER's sole discretion an item of 6.04 Progress Schedule material or equipment proposed by CONTRACTOR does not qualify as an 'or equar item under A CONTRACTOR shall adhere to the progress paragraph 6.05.A. I I it will be considered a proposed schedule established in accordance with paragraph 2.07 as it substitute item. may be adjusted from time to time as provided below. b. CONTRACTOR shall submit sufficient 1 . CONTRACTOR shall submit to ENGINEER for information as provided below to allow ENGINEER acceptance (to the extent indicated in paragraph 2.07) to determine that the item of material or equipment proposed adjustments in the progress schedule that will proposed is essentially equivalent to that named not result in changing the Contract Times (or and an acceptable substitute therefore. Requests Milestones). Such adjustments will conform generally to for review of proposed substitute items of material the progress schedule then in effect and additionally will or equipment will not be accepted by ENGINEER comply with any provisions of the General from anyone other than CONRACTOR. Requirements applicable thereto. a The procedure for review by ENGINEER 2. Proposed adjustments in the progress schedule will be as set forth in paragraph 6.05A.2.d, as that will change the Contract Times (or Milestones) shall supplemented in the General Requirements and as be submitted in accordance with the requirements of ENGINEER may decide is appropriate under the Article 12. Such adjustments may only be made by a circumstances. Change Order or Written Amendment in accordance with Article 12. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed 6.05 Substitutes and `Or-Equals' substitute item of material or equipment that ' CONTRACTOR seeks to furnish or use. The A. Whenever an item of material or equipment is application shall certify that the proposed substitute specified or described in the Contmd Documents by using the item will perform adequately the functions and name of a proprietary item or the name of a particular Supplier, achieve the results called for by the general design, the specification or description is intended to establish the type, be similar in substance to that specified, and be function, appearance, and quality required. Unless the suited to the same use as that specified. The specification or description contains or is followed by words application will state the extent, if any, to which the reading that no like, equivalent, or 'or equar item or no use of the proposed substitute item will prejudice substitution is permitted, other items of material or equipment or CONTRACTOR'S achievement of Substantial material or equipment of other Suppliers may be submitted to Completion on time, whether or not use of the ENGINEER for review under the circumstances described proposed substitute item in the Work will require a below. change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER 1 . `Or=Equar Items: If in ENGINEER's sole for worts on the Project) to adapt the design to the discretion an item of material or equipment proposed by proposed substitute item and whether or not CONTRACTOR is functionally equal to that named and incorporation or use of the proposed substitute item sufficiently similar so that no change in related Work will in connection with the Work is subject to payment of be required, it may be considered by ENGINEER as an any license fee or royalty. All variations of the nor-equal" item, in which case review and approval of proposed substitute item from that specified will be the proposed item may, in ENGINEER's sole discretion, identified in the application, and available be accomplished without compliance with some or all of engineering, sales, maintenance, repair, and the requirements for approval of proposed substitute replacement services will be indicated. The items. For the purposes of this paragraph 6.05A. 1 , a application will also contain an itemized estimate of proposed item of material or equipment will be all costs or credits that will result directly or indirectly considered functionally equal to an item so named if from use of such substitute item, including costs of redesign and claims of other contractors affected by a. in the exercise of reasonable judgment any resulting change, all of which will be considered ENGINEER determines that (t) it is at least equal by ENGINEER in evaluating the proposed substitute in quality, durability, appearance, strength, and item. ENGINEER may require CONTRACTOR to design characteristics; (ii) it will reliably perform at furnish additional data about the proposed least equally well the function imposed by the substitute item, design concept of the completed Project as a functioning whole, and; 00700 - 16 1 B. Substitute Construction Methods or Prooedures: If a an acceptable replacement for the rejected Subcontractor, specific means, method, technique, sequence, or procedure of Supplier, or other individual or entity, and the Contract Price will construction is shown or indicated in and expressly required by be adjusted by the difference in the cost occasioned by such the Contract Documents, CONTRACTOR may furnish or utilize replacement, and an appropriate Change Order will be issued ' a substitute means, method, technique, sequence, or procedure or Written Amendment signed. No acceptance by OWNER of of construction approved by ENGINEER. CONTRACTOR shall any such Subcontractor, Supplier, or other individual or entity, submit sufficient information to allow ENGINEER, in whether initially or as a replacement, shall constitute a waiver of ENGINEER's sole discretion, to determine that the substitute any right of OWNER or ENGINEER to reject defective Work. proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER C. CONTRACTOR shall be fully responsible to OWNER will be similar to that provided in subparagraph 6.05A2. and ENGINEER for all ads and omissions of the Subcontractors, Suppliers, and other individuals or entities C. Engineer's Evaluation: ENGINEER will be allowed a performing or furnishing any of the Work just as reasonable time within which to evaluate each proposal or CONTRACTOR is responsible for CONTRACTOR's own acts submittal made pursuant to paragraphs 6.05A and 6.05. 6. and omissions. Nothing in the Contract Documents shall create ENGINEER will be the sole judge of acceptability. No equar for the benefit of any such Subcontractor, Supplier, or other or substitute will be ordered, installed or utilized until individual or entity any contractual relationship between ENGINEER's review is complete, which will be evidenced by OWNER or ENGINEER and any such Subcontractor, Supplier either a Change Order for a substitute or an approved Shop or other individual or entity, nor shall it create any obligation on Drawing for an "or equal.' ENGINEER will advise the part of OWNER or ENGINEER to pay or to see to the CONTRACTOR in writing of any negative determination. payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required D. Special Guarantee: OWNER may require by Laws and Regulations. CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to D. CONTRACTOR shall be solely responsible for any substitute. scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or E. ENGINEER's Cost Reimbursement ENGINEER will furnishing any of the Work under a direct or indirect contract record time required by ENGINEER and ENGINEER's with CONTRACTOR. Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05A.2 and 6.05. 6 E. CONTRACTOR shall require all Subcontractors, and in making changes in the Contract Documents (or in the Suppliers, and such other individuals or entities performing or provisions of any other direct contract with OWNER for work on furnishing any of the Work to communicate with ENGINEER the Project) occasioned thereby. Whether or not ENGINEER through CONTRACTOR. approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for F. The divisions and sections of the Specifications and the charges of ENGINEER and ENGINEER's Consultants for the identifications of any Drawings shall not control evaluating each such proposed substitute. CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any F. CONTRACTOR's Expense: CONTRACTOR shall specific trade. provide all data in support of any proposed substitute or 'or-equar at CONTRACTOR's expense. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate 6.06 Conoeming Subcontractors, Suppliers, and Others agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier A. CONTRACTOR shall not employ any Subcontractor, to the applicable terms and conditions of the Contract Supplier, or other individual or entity (including those acceptable Documents for the benefit of OWNER and ENGINEER. to ,OWNER as imrkated in paragraph 6.06.6), whether initially Whenever any such agreement is with a Subcontractor or or as a replacement against whom OWNER may have Supplier who is listed as an additional insured on the property reasonable objection. CONTRACTOR shall not be required to insurance provided in paragraph 5.06, the agreement between employ any Subcontractor, Supplier, or other individual or entity the CONTRACTOR and the Subcontractor or Supplier will to furnish or perform any of the Work against whom contain provisions whereby the Subcontractor or Supplier CONTRACTOR has reasonable objection. waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals S. If the Supplementary Conditions require the identity of or entities identified in the Supplementary Conditions to be listed certain Subcontractors, Suppliers, or other individuals or entities as insureds or additional insureds (and the officers, directors, to be submitted to OWNER in advance for acceptance by partners, employees, agents, and other consultants and OWNER by a specified date prior to the Effective Date of the subcontractors of each and any of them) for all losses and Agreement, and if CONTRACTOR has submitted a list thereof damages caused by, arising out of, relating to, or resulting from in accordance with the Supplementary Conditions, OWNER's any of the perils or causes of loss covered by such policies and acceptance (either in writing or by failing to make written any other property insurance applicable to the Work. If the objection thereto by the date indicated for acceptance or insurers on any such policies require separate waiver forms to objection in the Bidding Documents or the Contract Documents) be signed by any Subcontractor or Supplier, CONTRACTOR of any such Subcontractor, Supplier, or other individual or entity will obtain the same. so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit 00700 - 17 6.07 Patent Fees and Royalties time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and A. CONTRACTOR shall pay all license fees and CONTRACTOR are unable to agree on entitlement to or on the royalties and assume all costs incident to the use in the amount or extent, if any, of any such adjustment, a Claim may performance of the Work or the incorporation in the Work of any be made therefore as provided in paragraph 10.05. invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a 6. 10 Taxes particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance A. CONTRACTOR shall pay all sales, consumer, use, of the Work and if to the actual knowledge of OWNER or and other similar taxes required to be paid by CONTRACTOR in ENGINEER its use is subject to patent rights or copyrights accordance with the Laws and Regulations of the place of the calling for the payment of any license fee or royalty to others, Project which are applicable during the performance of the the existence of such rights shall be disclosed by OWNER in Work. the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and 6. 11 Use of Site and Other Areas hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or A. Limitation on Use of Site and Other Areas agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but 1 . CONTRACTOR shall confine construction not limited to all fees and charges of engineers, architects, equipment, the storage of materials and equipment, and attorneys, and other professionals and all court or arbitration or the operations of workers to the Site and other areas other dispute resolution costs) arising out of or relating to any permitted by Laws and Regulations, and shall not infringement of patent rights or copyrights incident to the use in unreasonably encumber the Site and other areas with the performance of the Work or resulting from the incorporation construction equipment or other materials or equipment in the Work of any invention, design, process, product, or CONTRACTOR shall assume full responsibility for any device not specified in the Contract Documents. damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas 6.08 Permits resulting from the performance of the Work. A. Unless otherwise provided in the Supplementary 2. Should any claim be made by any such owner or Conditions, CONTRACTOR shall obtain and pay for all occupant because of the performance of the Work, construction permits and licenses. OWNER shall assist CONTRACTOR shall promptly settle with such other CONTRACTOR, when necessary, in obtaining such permits party by negotiation or otherwise resolve the claim by and licenses. CONTRACTOR shall pay all governmental arbitration or other dispute resolution proceeding or at charges and inspection fees necessary for the prosecution of law. 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. 3.To the fullest extent permitted by Laws and CONTRACTOR shall pay all charges of utility owners for Regulations, CONTRACTOR shall indemnify and hold connections to the Work, and OWNER shall pay all charges of harmless OWNER, ENGINEER, ENGINEER's such utility owners for capital costs related thereto, such as Consultant, and the officers, directors, partners, plant Investment fees. employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, 6.09 Laws and Regulations and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other A. CONTRACTOR shall give all notices and comply with professionals and all court or arbitration or other dispute all laws and Regulations applicable to the performance of the resolution costs) arising out of or relating to any claim or Work Except where otherwise expressly required by applicable action, legal or equitable, brought by any such owner or Laws and Regulations, neither OWNER nor ENGINEER shall occupant against OWNER, ENGINEER, or any other be responsible for monitoring CONTRACTOR's compliance with party indemnified hereunder to the extent caused by or any Laws or Regulations. based upon CONTRACTOR's performance of the Work. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to taws or Regulations, B. Removal of Debris During Performance of the Work CONTRACTOR shall bear all claims, costs, losses, and During the progress of the Work CONTRACTOR shall keep the damages (including but not limited to all fees and charges of Site and other areas free from accumulations of waste engineers, architects, attorneys, and other professionals and all materials, rubbish, and other debris. Removal and disposal of court or arbitration or other dispute resolution costs) arising out such waste materials, rubbish, and other debris shall conform to of or relating to such Work; however, it shall not be applicable Laws and Regulations. CONTRACTOR's primary responsibTity to make certain that the Specifications and Drawings are in accordance with Laws and C. Cleaning, Prior to Substantial Completion of the Work Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR shall dean the Site and make it ready for CONTRACTOR's obligations under paragraph 3.03. utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, C. Changes in Laws or Regulations not known at the construction equipment and machinery, and surplus materials time of opening of Bids (or, on the Effective Date of the and shall restore to original condition all property not designated Agreement if there were no Bids) having an effect on the cost or for alteration by the Contract Documents. 00700 - 18 and responsibilities for safety and for protection of the Work D. Loading Structures. CONTRACTOR shall not load shall continue until such time as all the Work is completed and nor permit any part of any structure to be loaded in any manner ENGINEER has issued a notice to OWNER and that will endanger the structure, nor shall CONTRACTOR CONTRACTOR in accordance with paragraph 14.07. 13 that the subject any part of the Work or adjacent property to stresses or Work is acceptable (except as otherwise expressly provided in pressures that will endanger it. connection with Substantial Completion). 6. 12 Record Documents 6. 14 Safety Representative A. CONTRACTOR shall maintain in a safe place at the A. CONTRACTOR shall designate a qualified and Site one record copy of all Drawings, Specifications, Addenda, experienced safety representative at the Site whose duties and Written Amendments, Change Orders, Work Change responsibilities shall be the prevention of accidents and the Directives, Field Orders, and written interpretations and maintaining and supervising of safety precautions and clarifications in good order and annotated to show changes programs. made during construction. These record documents together with all approved Samples and a counterpart of all approved 6. 15 Hazard Communication Programs Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, A. CONTRACTOR shall be responsible for coordinating Samples, and Shop Drawings will be delivered to ENGINEER any exchange of material safety data sheets or other hazard for OWNER. communication information required to be made available to or exchanged between or among employers at the Site in 6. 13 Safety and Protection accordance with Laws or Regulations. A CONTRACTOR shall be solely responsible for 6. 16 Emergencies initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall A In emergencies affecting the safety or protection of take all necessary precautions for the safety of, and shall persons or the Work or property at the Site or adjacent thereto, provide the necessary protection to prevent damage, injury or CONTRACTOR is obligated to act to prevent threatened dam- loss to: age, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any 1 .all persons on the Site or who may be affected significant changes in the Work or variations from the Contract by the Work; Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the 2. all the Work and materials and equipment to be Contract Documents is required because of the action taken by incorporated therein, whether in storage on or off the CONTRACTOR in response to such an emergency, a Work Site; and Change Directive or Change Order will be issued. 3.other property at the Site or adjaoent thereto, 6. 17 Shop Drawings and Samples including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground A. CONTRACTOR shall submit Shop Drawings to Facilities not designated for removal, relocation, or ENGINEER for review and approval in accordance with the replacement in the course of construction. acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and B. CONTRACTOR shall comply with all applicable Laws in the number of copies specified in the General Requirements. and Regulations relating to the safety of persons or property, or The data shown on the Shop Drawings will be complete with to the protection of persons or property from damage, injury, or respect to quantities, dimensions, specified performance and loss; and shall erect and maintain all necessary safeguards for design criteria, materials, and similar data to show ENGINEER such safety and protection. CONTRACTOR shall notify owners the servioes, materials, and equipment CONTRACTOR of adjacent property and of Underground Facilities and other proposes to provide and to enable ENGINEER to review the utility owners when prosecution of the Work may affect them, information for the limited purposes required by paragraph and shall cooperate with them in the protection, removal, 6. 17.E. relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6. 13.A.2 B. CONTRACTOR shall also submit Samples to or 6. 13A3 caused, directly or indirectly, in whole or in part, by ENGINEER for review and approval in accordance with the CONTRACTOR, any Subcontractor, Supplier, or any other acceptable schedule of Shop Drawings and Sample submittals. Individual or entity directly or indirectly employed by any of them Each Sample will be identified dearly as to material, Supplier, to perform any of the Work, or anyone for whose ads any of pertinent data such as catalog numbers, and the use for which them may be liable, shall be remedied by CONTRACTOR intended and otherwise as ENGINEER may require to enable (except damage or loss attributable to the fault of Drawings or ENGINEER to review the submittal for the limited purposes Specifications or to the ads or omissions of OWNER or required by paragraph 6. 17. E. The numbers of each Sample to ENGINEER or ENGINEER's Consultant, or anyone employed be submitted will be as specified in the Specifications. by any of them, or anyone for whose ads any of them may be liable, and not attributable, directly or indirectly, in whole or in C. Where a Shop Drawing or Sample is required by the part, to the fault or negligence of CONTRACTOR or any Contract Documents or the schedule of Shop Drawings and Subcontractor, Supplier, or other individual or entity directly or Sample submittals acceptable to ENGINEER as required by indirectly employed by any of them). CONTRACTOR's duties paragraph 2.07, any related Work performed prior to 00700 - 19 ENGINEER's review and approval of the pertinent submittal will programs incident thereto. The review and approval of be at the sole expense and responsibility of CONTRACTOR. a separate item as such will not indicate approval of the assembly in which the item functions. D. Submittal Procedures 3. ENGINEER's review and approval of Shop 1 . Before submitting each Strop Drawing or Drawings or Samples shall not relieve CONTRACTOR Sample, CONTRACTOR shall have determined and from responsibility for any variation from the verified: requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's a. all field measurements, quantities, attention to each such variation at the time of each dimensions, specified performance criteria, submittal as required by paragraph 6. 17. D.3 and installation requirements, materials, catalog ENGINEER has given written approval of each such numbers, and similar information with respect variation by specific written notation thereof thereto; incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER b. all materials with respect to intended use, relieve CONTRACTOR from responsibility for complying fabrication, shipping, handling, storage, assembly, with the requirements of paragraph 6. 17. D. 1 . and installation pertaining to the performance of the Work; F. Resubmittal Procedures c. all information relative to means, methods, 1 . CONTRACTOR shall make corrections required techniques, sequences, and procedures of by ENGINEER and shall return the required number of construction and safety precautions and programs corrected copies of Shop Drawings and submit as incident thereto; and required new Samples for review and approval . CONTRACTOR shall direct specific attention in writing d. CONTRACTOR shall also have reviewed to revisions other than the corrections called for by and coordinated each Shop Drawing or Sample with ENGINEER on previous submittals. other Shop Drawings and Samples and with the requirements of the Work and the Contract 6. 18 Continuing the Work Documents. A. CONTRACTOR shall carry on the Work and adhere 2. Each submittal shall bear a stamp or specific to the progress schedule during all disputes or disagreements written indication that CONTRACTOR has satisfied with OWNER. No Work shall be delayed or postponed pending CONTRACTOR's obligations under the Contract resolution of any disputes or disagreements, except as Documents with respect to CONTRACTOR's review permitted by paragraph 15.04 or as OWNER and and approval of that submittal. CONTRACTOR may otherwise agree in writing . 3.At the time of each submittal, CONTRACTOR 6. 19 CONTRACTOR's General Warranty and Guarantee shall give ENGINEER specific written notice of such variations, N any, that the Shop Drawing or Sample A. CONTRACTOR warrants and guarantees to OWNER, submitted may have from the requirements of the ENGINEER, and ENGINEER's Consultants that all Work will be Contract Documents, such notice to be in a written corn- in accordance with the Contract Documents and will not be munication separate from the submittal; and, in addition, defective. CONTRACTOR's warranty and guarantee hereunder shall cause a specific notation to be made on each excludes defects or damage caused by: Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 1 . abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, E. ENGINEER's Review Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 1 . ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule 2. normal wear and tear under normal usage. of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be B. CONTRACTOR's obligation to perform and complete only to determine if the items covered by the submittals the Work in accordance with the Contract Documents shall be will, after installation or incorporation in the Work, absolute. None of the following will constitute an acceptance of conform to the information given in the Contract Work that is not in accordance with the Contract Documents or Documents and be compatible with the design concept a release of CONTRACTOR's obligation to perform the Work in of the completed Project as a functioning whole as accordance with the Contract Documents: indicated by the Contract Documents. 1 . observations by ENGINEER; 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or 2. recommendation by ENGINEER or payment by procedures of construction (except where a particular OWNER of any progress or final payment; means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or 00700 - 20 3. the issuance of a certificate of Substantial directors, partners, employees, agents, and other consultants Completion by ENGINEER or any payment related and subcontractors of each and any of them arising out of thereto by OWNER; 1 .the preparation or approval of, or the failure to 4. use or occupancy of the Work or any part thereof prepare or approve, maps, Drawings, opinions, reports, by OWNER; surveys, Change Orders, designs, or Specifications; or 5. any acceptance by OWNER or any failure to do 2.givingdrectiionsorinnsstrv�ons, or in themin� 'sepnuse of the injury or damage. 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of ARTICLE 7 - OTHER WORK acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 7. 01 Related Work at Site 8. any correction of defective Work by OWNER. A. OWNER may perform other work related to the 6.20 Indemnification Project at the Site by OWNER's employees, or let other direct contracts therefore, or have other work performed by utility A. To the fullest extent permitted by Laws and Regula- owners. If such other work is not noted in the Contract tions, CONTRACTOR shall indemnify and hold harmless Documents, then: OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other 1 .written notice thereof will be given to consultants and subcontractors of each and any of them from CONTRACTOR prior to starting any such other work; and against all claims, costs, losses, and damages (including and but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or 2OWNER and CONTRACTOR are unable to other dispute resolution costs) arising out of or relating to the agree on entitlement to or on the amount or extent, if performance of the Work, provided that any such claim, cost, any, of any adjustment in the Contract Price or Contract loss, or damage: Times that should be allowed as a result of such other work, a Claim may be made therefore as provided in 1 . is attributable to bodily injury, sickness, disease, paragraph 10.05. or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss B. CONTRACTOR shall afford each other contractor of use resulting therefrom; and who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with 2. is caused in whole or in part by any OWNER's employees) proper and safe access to the Site and a negligent act or omission of CONTRACTOR, any reasonable opportunity for the introduction and storage of Subcontractor, any Supplier, or any individual or entity materials and equipment and the execution of such other work directly or indirectly employed by any of them to perform and shall properly coordinate the Work with theirs. Unless any of the Work or anyone for whose ads any of them otherwise provided in the Contract Documents, CONTRACTOR may be liable, regardless of whether or not caused in shall do all cutting, fitting, and patching of the Work that may be part by any negligence or omission of an individual or required to properly conned or otherwise make its several parts entity indemnified hereunder or whether liability is come together and properly integrate with such other work. imposed upon such indemnified party by Laws and CONTRACTOR shall not endanger any work of others by Regulations regardless of the negligence of any such cutting, excavating, or otherwise altering their work and will only individual or entity. cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The dirties and B. In any and all claims against OWNER or ENGINEER responsibilities of CONTRACTOR under this paragraph are for or any of their respective consultants, agents, officers, directors, the benefit of such utility owners and other contractors to the partners, or employees by any employee (or the survivor or extent that there are comparable provisions for the benefit of personal representative of such employee) of CONTRACTOR, CONTRACTOR in said direct contracts between OWNER and any Subcontractor, any Supplier, or any individual or entity such utility owners and other contractors. directly or indirectly employed by any of them to perform any of the Work, or anyone for whose ads any of them may be liable, C. If the proper execution or results of any part of the indemnification obligation under paragraph 6.20.A shall not CONTRACTOR's Work depends upon work perfonned by be limited in any way by any limitation on the amount or type of others under this Article 7, CONTRACTOR shall inspect such damages, compensation, or benefits payable by or for other work and promptly report to ENGINEER in writing any CONTRACTOR or any such Subcontractor, Supplier, or other delays, defects, or deficiencies in such other work that render it individual or entity under workers' compensation ads, diisabifity unavailable or unsuitable for the proper execution and results of benefit ads, or other employee benefit ads. CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as ft and C. The indemnification obligations of CONTRACTOR proper for integration with CONTRACTOR's Work except for under paragraph 6.20A shall not extend to the liability of latent defects and deficiencies in such other work. ENGINEER and ENGINEER's Consultants or to the officers, 00700 - 21 7.02 Coordination 8.07 Change Orders A. If OWNER intends to contract with others for the performance of other worts on the Project at the Site, the A. OWNER is obligated to execute Change Orders as following will be set forth in Supplementary Conditions: indicated in paragraph 10.03. 1 . the individual or entity who will have authority and 8. 08 Inspections, Tests, and Approvals responsibility for coordination of the activities among the various contractors will be identified; A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 2.the specific matters to be covered by such 13.03.B. authority and responsibility will be itemized; and 8 .09 Limitations on OWNER's Responsibilities 3. the extent of such authority and responsibilities will be provided. A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, B. Unless otherwise provided in the Supplementary CONTRACTOR's means, methods, techniques, sequences, or Conditions, OWNER shall have sole authority and responsibility procedures of construction, or the safety precautions and for such coordination. 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 ARTICLE 8 - OWNER'S RESPONSIBILITIES CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.01 Communications to Contractor 8. 10 Undisclosed Hazardous Environmental Condition A. Except as otherwise provided in these General Condi- A. OWNER's responsibility in respect to an undisclosed tions, OWNER shall issue all communications to Hazardous Environmental Condition is set forth in paragraph CONTRACTOR through ENGINEER. 4.06• 8.02 Replacement of ENGINEER 8. 11 Evidence of Financial Arrangements A. In case of termination of the employment of A. If and to the extent OWNER has agreed to furnish ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR reasonable evidence that financial CONTRACTOR makes no reasonable objection, whose status arrangements have been made to satisfy OWNER's obligations under the Contract Documents shall be that of the former under the Contract Documents, OWNER's responsibility in ENGINEER. respect thereof will be as set forth in the Supplementary Conditions. 8.03 Furnish Data A. OWNER shall promptly fumish the data required of ARTICLE 9 - ENGINEER'S STATUS DURING OWNER under the Contract Documents. CONSTRUCTION 8.04 Pay Promptly When Due 9.01 OWNER'S Representative A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 A. ENGINEER will be OWNER's representative during and 14.07.C. the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's 8.05 Lands and Easements, Reports and Tests representative during oonsbimbon are set forth in the Contract Documents and will not be changed without written consent of A. OWNER's duties in respect of providing lands and OWNER and ENGINEER. easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. 9.02 visits to site Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations A. ENGINEER will make visits to the Site at intervals and tests of subsurface conditions and drawings of physical appropriate to the various stages of construction as ENGINEER conditions in or relating to existing surface or subsurface deems necessary in order to observe as an experienced and structures at or contiguous to the Site that have been utilized by qualified design professional the progress that has been made ENGINEER in preparing the Contract Documents. and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such 8.06 Insurance visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in A. OWNER's responsibilities, if any, in respect to accordance with the Contract Documents. ENGINEER will not purchasing and maintaining liability and property insurance are be required to make exhaustive or continuous inspections on set forth in Article 5. the Site to check the quality or quantity of the Work. 00700 - 22 r ENGINEER's efforts will be directed toward providing for 9.06 Rejecting Defective Work OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the A. ENGINEER will have authority to disapprove or reject basis of such visits and observations, ENGINEER will keep Work which ENGINEER believes to be defective, or that OWNER informed of the progress of the Worts and will ENGINEER believes will not produce a completed Project that endeavor to guard OWNER against defective Work conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a B. ENGINEER's visits and observations are subject to all functioning whole as indicated by the Contract Documents. the limitations on ENGINEER's authority and responsibility set ENGINEER will also have authority to require special inspection forth in paragraph 9. 10, and particularly, but without limitation, or testing of the Work as provided in paragraph 13.04, whether during or as a result of ENGINEER's visits or observations of or not the Work is fabricated, installed, or completed. CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for 9. 07 Shop Drawings, Change Orders and Payments CONTRACTOR's means, methods, techniques, sequences, or procedures of construction; or the safety precautions and A. In connection with ENGINEER's authority as to Shop programs incident thereto, or for any failure of CONTRACTOR Drawings and Samples, see paragraph 6. 17. to comply with taws and Regulations applicable to the B In connection with ENGINEER's authority as to performance of the Work. Change Orders, see Articles 101 11 , and 12. 9.03 Project Representative C. In connection with ENGINEER's authority as to A. If OWNER and ENGINEER agree, ENGINEER will Applications for Payment, see Article 14. fumish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work The 9.08 Determinations for Unit Price Work responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as A. ENGINEER will determine the actual quantities and provided in paragraph 9. 10 and in the Supplementary classifications of Unit Price Work perfomred by Conditions. If OWNER designates another representative or CONTRACTOR. ENGINEER will review with CONTRACTOR agent to represent OWNER at the Site who is not ENGINEER's the ENGINEER's preliminary determinations on such matters Consultant agent or employee, the responsibilities and authority before rendering a written decision thereon (by recommendation and limitations thereon of such other individual or entity will be of an Application for Payment or otherwise). ENGINEER's as provided in the Supplementary Conditions. written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or 9.04 Clarifications and Interpretations more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements 9. 09 Decisions on Requirements of Contract Documents of the Contract Documents as ENGINEER may determine and Acceptability of Work necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such A. ENGINEER will be the initial interpreter of the written clarifications and interpretations will be binding on requirements of the Contract Documents and judge of the OWNER and CONTRACTOR If OWNER and CONTRACTOR acceptability of the Work thereunder. Claims, disputes and are unable to agree on entitlement to or on the amount or other matters relating to the acceptability of the Work, the extent, if any, of any adjustment in the Contract Price or quantities and classifications of Unit Price Work, the Contract Times, or both, that should be allowed as a result of a interpretation of the requirements of the Contract Documents written clarification or interpretation, a Claim may be made pertaining to the performance of the Work, and Claims seeking therefore as provided in paragraph 10.05. changes m the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the 9.05 Authorized Variations in Work provisions of paragraph 10.05, with a request for a formal decision. A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which B. When functioning as interpreter and judge under this do not imroMe an adjustment in the Contract Price or the paragraph 9.09, ENGINEER will not show partiality to OWNER Contract Tares and are compatible with the design concept of or CONTRACTOR and will not be liable in connection with any the completed Project as a functioning whole as indicated by the interpretation or decision rendered in good faith in such Contract Documents. These may be accomplished by a Field capacity. The rendering of a decision by ENGINEER pursuant Order and will be binding on OWNER and also on to this paragraph 9.09 with respect to any such Claim, dispute, CONTRACTOR, who shall perform the Work involved promptly. or other matter (except any which have been waived by the N OWNER and CONTRACTOR are unable to agree on making or acceptance of final payment as provided in entitlement to or on the amount or extent, if any, of any paragraph 14.07) will be a condition precedent to any exercise adjustment in the Contract Price or Contract Times, or both, as by OWNER or CONTRACTOR of such rights or remedies as a result of a Field Order, a Claim may be made therefore as either may otherwise have under the Contract Documents or by provided in paragraph 10.05. Laws or Regulations in respect of any such Claim, dispute, or other matter. 00700 - 23 _ 9. 10 Limitations on ENGINEER's Authority and A. CONTRACTOR shall not be entitled to an increase in Responsibilities the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the A. Neither ENGINEER's authority or responsibility under Contract Documents as amended, modified, or supplemented this Article 9 or under any other provision of the Contract as provided in paragraph 3.04, except in the case of an Documents nor any decision made by ENGINEER in good faith emergency as provided in paragraph 6. 16 or in the case of either to exercise or not exercise such authority or responsibility uncovering Work as provided in paragraph 13.04. 6. or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to 10.03 Execution of Change Orders any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other A. OWNER riate Change Orders mRACTTOORby ENGINEER execute shall individual or entity, or to any surety for or employee or agent of Wnt ep Amendments) covering: any of them. B. ENGINEER will not supervise, direct, control, or have 1 . changes in the Work which are: (i) ordered by authority over or be responsible for CONTRACTOR's means, OWNER pursuant to paragraph 10.01 .A, (ii) required methods, techniques, sequences, or procedures of because of acceptance of defective Work under construction, or the safety precautions and programs incident paragraph 13.08.A or OWNER's correction of defective thereto, or for any failure of CONTRACTOR to comply with Work under paragraph 13.09, or (iii) agreed to by the Laws and Regulations applicable to the performance of the parties; Work. ENGINEER will not be responsible for CONTRACTOR's 2 changes in the Contract Price or Contract Times failure to perform the Work in accordance with the Contract Documents. which are agreed to by the parties, including any undisputed sum or amount of time for Work actually C. ENGINEER will not be responsible for the acts or performed in accordance with a Work Change Directive; omissions of CONTRACTOR or of any Subcontractor, any and Supplier, or of any other individual or entity performing any of 3 changes in the Contract price or Contract Times the Work. which embody the substance of any written decision D. ENGINEER's review of the final Application for rendered by ENGINEER pursuant to paragraph 10.05; Payment and accompanying documentation and all provided that, in lieu of executing any such Change maintenance and operating instructions, schedules, guarantees, Order, an appeal may be taken from any such decision Bonds, certificates of inspection, tests and approvals, and other in accordance with the provisions of the Contract documentation required to be delivered by paragraph 14.07A Documents and applicable Laws and Regulations, but will only be to determine generally that their content complies during any such appeal, CONTRACTOR shall cant' on with the requirements of, and in the case of certificates of the Work and adhere a to the progress schedule as inspections, tests, and approvals that the results certified Provin paragraph 9 P indicate compliance with , the Contract Documents. 10.04 Notification to Surety E. The limitations upon authority and responsibility set forth in this paragraph 9. 10 shall also apply to ENGINEER's A If notice of any change affecting the general scope of Consultants, Resident Project Representative, and assistants. the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) ARTICLE 10 - CHANGES IN THE WORK; CLAIMS is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be 10.01 Authorized Changes in the Work adjusted to reflect the effect of any such change. A Without invalidating the Agreement and without notice 10.05 Claims and Disputes to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Wait by a Written A. Notice. Written notice stating the general nature of Amendment, a Change Order, or a Work Change Directive. each Claim, dispute, or other matter shall be delivered by the Upon receipt of any such document, CONTRACTOR shall claimant to ENGINEER and the other party to the Contract promptly pmoeed with the Work involved which will be promptly (but in no event later than 30 days) after the start of performed under the applicable conditions of the Contract the event giving rise thereto. Notice of the amount or extent of Documents (except as otherwise specifically provided). the Claim, dispute, or other matter with supporting data shaft be delivered to the ENGINEER and the other party to the Contract B. If OWNER and CONTRACTOR are unable to agree within 60 days after the start of such event (unless ENGINEER on entitlement to, or on the amount or extent, if any, of an allows additional time for daimant to submit additional or more adjustment in the Contract Price or Contract Times, or both, that accurate data in support of such Claim, dispute, or other should be allowed as a result of a Work Change Directive, a matter). A Claim for an adjustment in Contract Price shall be Claim may be made therefore as provided in paragraph 10.05. prepared in accordance with the provisions of paragraph 12.01 . 13. A Claim for an adjustment in Contract Time shall be 10.02 Unauthorized Changes in the Work prepared in accordance with the provisions of paragraph 12.02.6. Each Claim shall be accompanied by claimants written statement that the adjustment claimed is the entire 00700 - 24 adjustment to which the claimant believes it is entitled as a OWNER and CONTRACTOR. Such employees shall result of said event. The opposing party shall submit any include without limitation superintendents, foremen, and response to ENGINEER and the claimant within 30 days after other personnel employed full time at the Site. Payroll receipt of the claimant's last submittal (unless ENGINEER costs for employees not employed full time on the Work allows additional time). shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited B. ENGWEER's Decision: ENGINEER will render a to, salaries and wages plus the cost of fringe benefits' formal decision in writing within 30 days after receipt of the last which shall include social security contributions, submittal of the claimant or the last submittal of the opposing unemployment, excise, and payroll taxes, workers' party, if any. ENGINEER's written decision on such Claim, compensation, health and retirement benefits, bonuses, dispute, or other matter will be final and binding upon OWNER sick leave, vacation and holiday pay applicable thereto. and CONTRACTOR unless: The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, 1 . an appeal from ENGINEER's decision is taken shall be included in the above to the extent authorized within the time limits and in accordance with the dispute by OWNER. resolution procedures set forth in Article 16; or 2. Cost of all materials and equipment furnished 21 no such dispute resolution procedures have and incorporated in the Work, including costs of been set forth in Article 16, a written notice of intention transportation and storage thereof, and Suppliers' field to appeal from ENGINEER's written decision is services required in connection therewith. All cash delivered by OWNER or CONTRACTOR to the other discounts shall accrue to CONTRACTOR unless and to ENGINEER within 30 days after the date of such OWNER deposits funds with CONTRACTOR with decision, and a formal proceeding is instituted by the which to make payments, in which lose the cash appealing party in a forum of competent jurisdiction discounts shall accrue to OWNER. All trade discounts, within 60 days after the date of such decision or within rebates and refunds and returns from sale of surplus 60 days after Substantial Completion, whichever is later materials and equipment shall accrue to OWNER, and (unless otherwise agreed in writing by OWNER and CONTRACTOR shall make provisions so that they may CONTRACTOR), to exercise such rights or remedies as be obtained. the appearing party may have with respect to such Claim, dispute, or other matter in accordance with 3. Payments made by CONTRACTOR to applicable Laws and Regulations. Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain C. If ENGINEER does not render a formal decision in competitive bids from subcontractors acceptable to writing within the time stated in paragraph 10.05.13, a decision OWNER and CONTRACTOR and shall deliver such denying the Claim in its entirety shalt be deemed to have been birds to OWNER, who will then determine, with the issued 31 days after receipt of the last submittal of the claimant � b� ENGINEER, wbic bids, provides thatill the be or the last submittal of the opposing party, if any. Subcontractor is to be paid on the basis of Cost of the D. No Claim for an adjustment in Contract Price or Work plus a fee, the Subcontractor's Cost of the Work Contract Times (or Milestones) will be valid if not submitted in and fee shall be determined in the same manner as accordance with this paragraph 10.05. CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11 .01 . ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; 4.Costs of special consultants (including but not UNIT PRICE WORK limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work 11,01 Cost of the Work 5.SupplemeMal costs including the following: A. Costs tncfuded: The term Cost of the Work means the sum of all costs necessarily incurred and paid by a.The proportion of necessary transportation, CONTRACTOR in the proper performance of the Work. When travel, and subsistence expenses of CONTRACTOR's the value of any Work covered by a Change Order or when a employees incurred in discharge of duties connected Claim for an adjustment in Contract Price is determined on the with the Work. basis of Cost of the Work, the costs to be reimbursed to b. Cost, including transportation and maintenance, CONTRACTOR win be only those additional or incremental costs required because of the change in the Work or because of of all materials, supplies, equipment, machinery, the event giving rise to the Claim. Except as otherwise may be appliances, office, and temporary facilities at the Site, agreed to in writing by OWNER, such costs shall be in amounts and hand tools not owned by the workers, which are no higher than those prevailing in the locality of the Project, shall consumed in the performance of the Work, and cost, include only the following items, and shall not include any of the less market value, of such items used but not costs itemized in paragraph 11 .01 .6. consumed which remain the property of CONTRACTOR. I . Payroll costs for employees in the direct employ Rentals equipment of CONTRACTOR in the pertormns a the Work C.machinery, and the parts thereof whether rented from under schedules of job classifications agreed upon by 00700 - 25 CONTRACTOR or others in accordance with rental general administration of the Work and not specifically agreements approved by OWNER with the advice of included in the agreed upon schedule of job ENGINEER, and the costs of transportation, loading, classifications referred to in paragraph 11 .01A. 1 or unloading, assembly, dismantling, and removal thereof. specifically covered by paragraph 11 .01 .A.4, all of which All such costs shall be in accordance with the terms of are to be considered administrative costs covered by said rerrtal agreements. The rental of any such the CONTRACTOR's fee. equipment, machinery, or parts shall cease when the 2. Expenses of CONTRACTOR's principal and use thereof is no longer necessary for the Work. branch offices other than CONTRACTOR's office at the d. Sales, consumer, use, and other similar taxes Site. related to the Work, and for which CONTRACTOR is 3 rt of CONTRACTOR's capital expenses, liable, imposed by Laws and Regulations. including interest on CONTRACTOR's capital employed e . Deposits lost for causes other than for the Work and charges against CONTRACTOR for negligence of CONTRACTOR, any Subcontractor, or delinquent payments. anyone directly or indirectly employed by any of them or 4.Costh due to the negligence of CONTRACTOR, for whose ads any of them may be liable, and royalty any Subcontractor, or anyone directly or indirectly payments and fees for permits and licenses. employed by any of them or for whose ads any of them f. Losses and damages (and related may be liable, including but not limited to, the correction expenses) caused by damage to the Work, not of defective Work, disposal of materials or equipment compensated by insurance or otherwise, sustained by wrongly supplied, and making good any damage to CONTRACTOR in connection with the performance of party. the Work (except fosses and damages within the deductible amounts of property insurance established in 5. Other overhead or general expense costs of any accordance with paragraph 5.06.13), provided such kid and the costs of any item not specifically and losses and damages have resulted from causes other expressly included in paragraphs 11 .01 A and 11 .01 . 6. than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed C. CONTRACTOR's Fee: When all the Work is by any of them or for whose ads any of them may be performed on the basis of cost-plus, CONTRACTOR's fee shall liable. Such losses shall include settlements made with be determined as set forth in the Agreement. When the value of the written consent and approval of OWNER. No such any Work covered by a Change Order or when a Claim for an losses, damages, and expenses shall be included in the adjustment in Contract Price is determined on the basis of Cost Cost of the Work for the purpose of determining of the Work, CONTRACTOR's fee shall be determined as set CONTRACTOR's fee. forth in paragraph 12.01 .C. g .The cost of utilities, fuel, and sanitary facilities at D. Documentation: Whenever the Cost of the Work for the Site. any purpose is to be determined pursuant to paragraphs 11 .01A and 11 .01 .6, CONTRACTOR will establish and h. Minor expenses such as telegrams, long maintain records thereof in accordance with generally accepted distance telephone calls, telephone service at the Site, accounting practices and submit in a form acceptable to expressage, and similar petty cash items in connection N supporting Eu ENGINEER an itemized cost breakdown together with with the Work. I. When the Cost of the Work is used to 11 .02 Cash Allowances determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and A It is understood that CONTRACTOR has included in insurance required because of the charges in the Work the Contract Price all allowances so named in the Contract or caused by the evert giving rise to the Claim. vered to be Documents for Such shall a cause a be acceptable the Work so to OWNER and j, When all the Work is performed on the basis of ENGINEER. CONTRACTOR agrees that: cost-plus, the costs of premiums for all Bonds and 1 the allowances include the cost to Insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to B. Costs Excluded. The term Cost of the Work shall not be delivered at the Site, and all applicable taxes; and include any of the following items: 2.CONTRACTOR's costs for unloading and 1 . Payroll costs and other compensation of handling on the Site, labor, installation costs, overhead, CONTRACTOR's officers, executives, principals (of profit, and other expenses contemplated for the partnerships and sole proprietorships), general allowances have been included in the Contract Price managers, engineers, architects, estimators, attorneys, and not in the allowances, and no demand for additional auditors, accountants, purchasing and contracting payment on account of any of the foregoing will be valid. agents, expediters, timekeepers, clerks, and other paw Change Order personnel employed by CONTRACTOR, whether at the B. Prior to final an appropriate INEER to reflect actual Site or in CONTRACTOR's principal or branch office for will be issued as recommended by ENG 00700 - 26 amounts due CONTRACTOR on account of Work covered by 2 where the Work involved is not covered by unit allowances, and the Contract Price shall be correspondingly primo contained in the Contract Documents, by a adjusted. mutually agreed lump sum (which may include an 11 .03 Unit Price Work allowance for overhead and profit not necessarily in accordance with paragraph 12.01 .C.2); or A. Where the Contract Documents provide that all or part 3.where the Work involved is not covered by unit of the Work is to be Unit Price Work, initially the Contract Price ices contained in the Contract Documents and will be deemed to include for all Unit Price Work an amount P agreement to a lump sum is not reached under equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each paragraph 12.01 . 8.21 on the basis of the Cost of the item as indicated in the Agreement. The estimated quantities of Work (determined as provided in paragraph 11 .01 ) plus items of Unit Price Work are not guaranteed and are solely for a CONTRACTOR's fee for overhead and profit the purpose of comparison of Bids and determining an initial (determined as provided in paragraph 12.01 .C). Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR C. CONTRAChall b Fee: The CONTRACTOR's's fee for will be made by ENGINEER subject to the provisions of overhead and profit shall be determined as follows: r paragraph 9.08. 1 . a mutually acceptable fixed fee; or B. Each unit price will be deemed to include an amount 2. if a foxed fee is not agreed upon, then a fee considered by CONTRACTOR to be adequate to cover on the following percentages of the various CONTRACTOR's overhead and profit for each separately based ponce of the Cost of the Work: identified item. C. OWNER or CONTRACTOR may make a Claim for an a. for costs incurred under paragraphs adjustment in the Contract Price in accordance with 11 .01 .A. 1 and 11 ,01 .A.2, the CONTRACTOR's fee paragraph 10.05 if. shall be 15 percent; 1 .the quantity of any item of Unit Price Work b. for costs incurred under paragraph performed by CONTRACTOR differs materially and 11 .01A. 3, the CONTRACTOR's fee shall be fire significantly from the estimated quantity of such item percent; indicated in the Agreement; and c. where one or more tiers of subcontracts 2.there is no corresponding adjustment with are on the basis of Cost of the Work plus a fee and respect any other item of Work; and no fixed fee is agreed upon, the intent of paragraph 12.01 .C.2.a is that the Subcontractor who actually 31 CONTRACTOR believes that CONTRACTOR performs the Work, at whatever tier, will be paid a is entitled to an increase in Contract Price as a result of fee of 15 percent of the costs incurred by such having incurred additional expense or OWNER believes Subcontractor under paragraphs 11 .01 .AA and that OWNER is entitled to a decrease in Contract Price 11 .01A.2 and that any higher tier Subcontractor and the parties are unable to agree as to the amount of and CONTRACTOR will each be paid a fee of five any such increase or decrease. percent of the amount paid to the next lower tier Subcontractor, ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE fid• itemized under shall payable on th; 1 .01 .A.41 is OF CONTRACT TIMES 11 .01 A.5, and 11 .01 .B; 12.01 Change of Contrail Price e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which A. The Contract Price may only be changed by a Change results in a net decrease in cost will be the amount Order or by a Written Amendment. Any Claim for an of the actual net decrease in cost plus a deduction adjustment in the Contract Price shall be based on written in CONTRACTOR's fee by an amount equal to five notice submitted by the party making the Clain to the percent of such net decrease; and ENGINEER and the other party to the Contract in accordance f when both additions and credits are with the provisions of paragraph 10.05. involved in any one change, the adjustment in B. The value of any Work covered by a Change Order or CONTRACTOR's fee shall be computed on the of any Claim for an adjustment in the Contract Price will be basis of the net change in accordance with determined as follows: paragraphs 12.01 .C.2.a through 12.01 .C.2.e, inclusive. 1 .where the Work involved is covered by unit pnoes contained in the Contract Documents, by 12.02 Change of Contract Times application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph A. The Contrad Tines (or Milestones) may only be 11 .03 ); or changed by a Change Order or by a Written Amendment. Any 00700 - 27 Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION , the claim to the ENGINEER and the other party to the Contract REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) 13.01 Notice of Defects covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in A. Prompt notice of all defective Work of which OWNER accordance with the provisions of this Article 12. or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, 12.03 Delays Beyond CONTRACTOR's Control or accepted as provided in this Article 13. A. Where CONTRACTOR is prevented from completing 13.02 Access to Worts any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contrail A. OWNER, ENGINEER, ENGINEER's Consultants, Times (or Milestones) will be extended in an amount equal to other representatives and personnel m OWNER, independent the time lost due to such delay if a Claim is made therefore as testing laboratories, and governmental agencies with provided in paragraph 12.02A Delays beyond the control of jurisdictional interests will have access to the Site and the Work CONTRACTOR shall include, but not be limited to, ads or at reasonable times for their observation, inspecting, and neglect by OWNER, ads or neglect of utility owners or other testing. CONTRACTOR shall provide them proper and safe contractors performing other work as contemplated by Article 7, conditions for such access and advise them of fires, floods, epidemics, abnormal weather conditions, or ads of CONTRACTOR's Site safety procedures and programs so that God. they may amply therewith as applicable. 12.04 Delays Within CONTRACTOR'S Control 13. 03 Tests and Inspections A. The Contract Times (or Milestones) will not be A. CONTRACTOR shall give ENGINEER timely notice of extended due to delays within the control of CONTRACTOR. readiness of the Work for all required inspections, tests, or Delays attributable to and within the control of a Subcontractor approvals and shall cooperate with inspection and testing or Supplier shall be deemed to be delays within the control of personnel to facilitate required inspections or tests. CONTRACTOR. B. OWNER shall employ and pay for the services of an 12.05 Delays Beyond OWNER's and CONTRACTOR's independent testing laboratory to perform all inspections, tests, Control or approvals required by the Contract Documents except: A. Where CONTRACTOR is prevented from completing 1 .for inspections, tests, or approvals covered by any part of the Work within the Contract Times (or Milestones) paragraphs 13.03.0 and 13.03. 13 below, due to delay beyond the control of both OWNER and 2.that costs incurred in connection with tests or CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such inspections conducted pursuant to paragraph 13.04. 6 delay shall be CONTRACTOR's sole and exclusive remedy for shall be paid as provided in said paragraph 13.04.B; and such delay. 12.06 Delay Damages 3. as otherwise specifically provided in the Contract Documents. A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other C. If Laws or Regulations rt any public body having person or organization, or to any surety for or employee or jurisdiction require any Worts ve part thereof) specifically to be ee or other agent of any of them, for damages arising out of or resulting inspected, tested, or approved by a CONpTRACTOR shall �: representative of such Public body, assume full responsibility for arranging and obtaining such 1 .delays caused by or within the control of inspections, tests, or approvals, pay all costs in connection CONTRACTOR; or therewith, and furnish ENGINEER the required certificates of inspection or approval. 2.delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, D. CONTRACTOR shall be responsible for arranging epidemics, abnormal weather conditions, ads of God, and obtaining and shall pay all costs in connection with any or ads or neglect by utility owners or other contractors inspections, tests, or approvals required for OWNER's and performing other work as contemplated by Article 7. ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix B. Nothing in this paragraph 12.06 bars a change in designs, or equipment submitted for approval prior in the Contrad Price pursuant to this Article 12 to compensate CONTRACTOR's purchase thereof for incorporation CONTRACTOR due to delay, interference, or disnrptiori directly Work. Such inspections, tests, or approvals shall be pertbrmed attributable to actions or inactions of OWNER or anyone for by organizations acceptable to OWNER and ENGINEER. whom OWNER is responsible. 00700 - 28 E. If any Work (or the work of others) that is to be 13.06 Correction or Removal of Defective Work inspected, tested, or approved is covered by CONTRACTOR CONTRACTOR shall correct all defective Work, without written concurrence of ENGINEER, it must, if requested A. by ENGINEER, be uncovered for observation. whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the F. uncovering Work as provided in paragraph 13.03. E Project and replace it with Work that is not defective. shall be at CONTRACTOR's expense unless CONTRACTOR CONTRACTOR shall pay all Claims, costs, losses, and has given ENGINEER timely notice of CONTRACTOR's damages (including but not limited to all fees and charges of intention to cover the same and ENGINEER has not acted with engineers, architects, attorneys, and other professionals and all reasonable promptness in response to such notice, oooatiosdispute resolution ing out r relating coror rection or (including but not 13.04 Uncovering Work limited to all costs of repair or replacement of work of others). A. If any Work is covered contrary to the written request 13.07 Correction Period of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at A. If within one year after the date of Substantial CONTRACTOR's r expense. Completion or such longer period of time as may be prescribed by laws or Regulations or by the terms of any applicable B. If ENGINEER considers it necessary or advisable that special guarantee required by the Contract Documents or by covered Work be observed by ENGINEER or inspected or any specific provision of the Contract Documents, any Work is tested by others, CONTRACTOR, at ENGINEER's request, found to be defective, or if the repair of any damages to the land shall uncover, expose, or otherwise make available for or areas made available for CONTRACTOR's use by OWNER observation, inspection, or testing as ENGINEER may require, or permitted by Laws and Regulations as contemplated in that portion of the Work in question, furnishing all necessary paragraph 8. 11 A is found to be defective, CONTRACTOR shall labor, material, and equipment If it is found that such Work is promptly, without cost to OWNER and in accordance with defective, CONTRACTOR shall pay all Claims, costs, losses, OWNER's written instructions: (1) repair such defective land or and damages (including but not limited to all fees and charges areas, or (ii) correct such defective Work or, If the defective of engineers, architects, attorneys, and other professionals and Work has been rejected by OWNER, remove it from the Project all court or arbitration or other dispute resolution costs) arising and replace it with Work that is not defective, and (iii) out of or relating to such uncovering, exposure, observation, satisfactorily correct or repair or remove and replace any inspection, and testing, and of satisfactory replacement or damage to other Work, to the work of others or other land or reconstruction (including but not limited to all costs of repair or areas resulting therefrom. If CONTRACTOR does not promptly replacement of work of others); and OWNER shall be entitled to comply with the terms of such instructions, or in an emergency an appropriate decrease in the Contract Price. If the parties are where delay would cause serious risk of loss or damage, unable to agree as to the amount thereof, OWNER may make a OWNER may have the defective Work corrected or repaired or Claim therefore as provided in paragraph 10.05. tf, however, may have the rejected Work removed and replaced, and all such Work is not found to be defective, CONTRACTOR shall be Claims, costs, losses, and damages (including but not limited to allowed an increase in the Contract Price or an extension of the all fees and charges of engineers, architects, attorneys, and Contract Times (or Milestones), or both, directly attributable to other professionals and all court or arbitration or other dispute such uncovering, exposure, observation, inspection, testing, resolution costs) arising out of or relating to such correction or replacement, and reconstruction. If the parties are unable to repair or such removal and replacement (including but not agree as to the amount or extent thereof, CONTRACTOR may limited to all costs of repair or replacement of work of others) make a Claim therefore as provided in paragraph 10.05. will be paid by CONTRACTOR 13.05 OWNER May Stop the Work B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial A. If the Work is defective, or CONTRACTOR fails to Completion of all the Work, the correction period for that item supply sufficient skilled workers or suitable materials or may start to run from an earlier date if so provided in the equipment, or fails to perform the Work in such a way that the Specifications or by Written Amendment. completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any C. Where defective Work (and damage to other Work portion thereof, until the cause for such order has been resulting therefrom) has been corrected or removed and eliminated; however, this right of OWNER to stop the Work replaced under this paragraph 13.07, the correction period shall not give rise to any duty on the part of OWNER to exercise hereunder with respect to such Work will be extended for an this right for the benefit of CONTRACTOR, any Subcontractor, additional period of one year atter such correction or removal any Supplier, any other individual or entity, or any surety for, or and replacement has been satisfactorily completed• employee or agent of any of them. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work 00700 - 29 A. If, instead of requiring correction or removal andof replacement of defective Work, OWNER (and , prior to D. CONTRACTOR shall not be allowed an extension lay in the e ENGINEER's recommendation of final payment, ENGINEER) the Contract Times (or Milestones) because of any de prefers to accept it, OWNER may do so. CONTRACTOR shall performance of the Work attributable to the exercise by pay all Claims, costs, losses, and damages (including but not OWNER of OWNER's rights and remedies under this limited to all fees and charges of engineers, architects, paragraph 13.09. 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 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND (such costs to be approved by ENGINEER as to COMPLETION 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 14.01 Schedule of Values recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract A. The schedule of values established as provided in Documents with respect to the Work, and OWNER shall be paragraph 2.07.A will serve as the basis for progress payments entitled to an appropriate decrease in the Contract Price, and will be incorporated into a form of Application for Payment reflecting the diminished value of Work so accepted. If the acceptable to ENGINEER. Progress payments on account of parties are unable to agree as to the amount thereof, OWNER Unit Price Work will be based on the number of units may make a Claim therefore as provided in paragraph 10.05. If completed . the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 14.02 Progress Payments 13.09 OWNER May Correct Defective Work A Applications for Payments A. If CONTRACTOR fails within a reasonable time after 1 .At least 20 days before the date established for written notice from ENGINEER to correct defective Work or to each progress payment (but not more often than once a remove and replace rejected Work as required by ENGINEER month), CONTRACTOR shall submit to ENGINEER for in accordance with paragraph 13.06.A, or if CONTRACTOR review an Application for Payment filled out and signed fails to perforin the Work in accordance with the Contract by CONTRACTOR covering the Work completed as of Documents, or if CONTRACTOR fails to comply with any other the date of the Application and accompanied by such provision of the Contract Documents, OWNER may, after seven supporting documentation as is required by the Contract days written notice to CONTRACTOR, correct and remedy any Documents. If payment is requested on the basis of such deficiency. materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at B. In exercising the rights and remedies under this another location agreed to in writing, the Application for paragraph, OWNER shall proceed expeditiously. Payment shall also be accompanied by a bill of sale,In connection invoice, or other documentation warranting that with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of OWNER has received the materials and equipment free all or part of the Work and suspend CONTRACTOR's services and dear of all Liens and evidence that the materials related thereto, take possession of CONTRACTOR's tools, and equipment are covered by appropriate property appliances, eonstnxtion equipment and machinery at the Site, insurance or other arrangements to protect OWNER's and incorporate in the Work all materials and equipment stored interest therein, all of which must be satisfactory to at the Site or for which OWNER has paid CONTRACTOR but OWNER. which are stored elsewhere. CONTRACTOR shall allow 2. Beginning with the second Application for OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Paymerrt, each Application shall include an affidavit of Consultants access to the Site to enable OWNER to exercise CONTRACTOR stating that all previous progress the rights and remedies under this paragraph. payments received on account of the Work have been applied on account to discharge CONTRACTOR's C. All Claims, costs, losses, and damages (including but legitimate obligations associated with prior Applications not limited to all fees and charges of engineers, architects, for Payment attorneys, and other professionals and all court or arbitration or 3 The amount of retainage with respect to progress other dispute resolution costs) incurred or sustained by will be as stipulated in the Agreement in exercising the rights and remedies under this payments paragraph 13.09 will be charged against CONTRACTOR, and a B Review of Applications Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; GINEER will, within 10 days after r receipt of and OWNER shall be entitled to an appropriate decrease in the 1 . ENli Payment, either indicate writing a Contract Price. If the parties are unable to agree as to the each Application for Pa nt and present the amount of the adjustment, OWNER may make a Claim recommendation of pay therefore as provided in paragraph 10.05. Such claims, costs, Application to OWNER or return the Application to losses and damages will include but not be limited to all costs of CONTRACTOR indicating in writing ENGINEEKs. repair, or replacement of work of others destroyed or damaged reasons for refusing to recommend payment In the by correction, removal, or replacement of CONTRACTOR's latter case, CONTRACTOR may make the necessary defective Work. corrections and resubmit the Application. 00700 - 30 payment or, because of subsequently discovered 2. ENGINEER's recommendation of any payment evidence or the results of subsequent inspections or requested in an Application for Payment will constitute a tests, revise or revoke any such payment representation by ENGINEER to OWNER, based on recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect ENGINEER's observations on the Site of the executed OWNER from loss because: Work as an experienced and qualified design professional and on ENGINEER's review of the a. the Work is defective, or completed Work Application for Payment and the accompanying data has been damaged, requiring correction or and schedules, that to the best of ENGINEER's replacement; knowledge, information and belief: a. the Work has progressed to the point b. the Contract Price has been reduced by indicated, Written Amendment or Change Orders; b. the quality of the Work is generally in c. OWNER has been required to corred defective Work or complete Work in accordance • accordance with the Contract Documents (subject with paragraph 13.09; or to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the d. ENGINEER has actual knowledge of the results of any subsequent tests called for in the occurrence of any of the events enumerated in Contract Documents, to a final determination of h 15.02.A. quantities and classifications for Unit Price Work paragraph 9 P under paragraph 9.08, and to any other C. Payment Becomes Due qualifications stated in the recommendation); and c the conditions precedent to 1 .Ten days after presentation of the Application for a n CONTRACTOR's being entitled to such payment Payment to OWNER with ENGINEER's arctation the amount recommended will appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. be(sucome due, and when due will be pvisions of ad by OWNER Dto 3. By recommending any such payment CONTRACTOR. ENGINEER will not thereby be deemed to have represented that (i) inspections made to check the D. Reduction in Payment quality or the quantity of the Work as it has been 1 . OWNER may refuse to make payment of the full performed have been exhaustive, extended to every amount recommended by ENGINEER because: aspect of the Work in progress, or involved detailed ir>spities ections of WOE �y°� the �ce�b�Ia. claims have been made against OWNER on specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters account of CONTRACTOR's performance or or issues between the parties that might entitle furnishing of the Work; CONTRACTOR to be paid additionally by OWNER or b. Liens have been filed in connection with the entitle OWNER to withhold payment to CONTRACTOR. Worik, except where CONTRACTOR has delivered 4. Neither ENGINEER's review of a specific Bond satisfactory to OWNER to secure CONTRACTOR's Work for the purposes of the satisfaction and discharge of such Liens; recommending payments nor ENGINEER's recommendation of any payment, including final C. there are other items entitling OWNER to a payment, will impose responsibility on ENGINEER to setoff against the amount recommended; or supervise, direct or control the Work or for the means, d. OWNER has actual knowledge of the methods, techniques, sequences, or procedures of occurrence of any of the events enumerated in construction, or the safety precautions and programs 14.02. 6.5.a through 14.02.B.5.c or Incident thereto, or for CONTRACTOR's failure to paragraphs comply with Laws and Regulations applicable to paragraph 15.02.A. CONTRACTOR's performance of the Work. 2. If OWNER refuses to make payment of the full Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any amount recommended by ENGINEER, OWNER must examination to ascertain how or for what purposes give CONTRACTOR immediate written notice (with a CONTRACTOR has used the moneys paid on account copy to ENGINEER) stating the reasons for such action th the Contract Price, or to determine that title to any to and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. the Work, materials, or equipment has Passed OWNER shall promptly pay CONTRACTOR the amount OWNER free and dear of any Liens. so withheld, or any adjustment thereto agreed to by 5. ENGINEER may refuse to recommend the whole OWNER and CONTRACTOR, when CONTRACTOR or any part of any payment if, in ENGINEER's opinion, it corrects to OWNER's satisfaction the reasons for such would be incorrect to make the representations to action. OWNER referred to in paragraph 14.02.8.2. ENGINEER may also refuse to recommend any such 00700 - 31 3. If it is subsequently determined that OWNER'S 14. 05 Partial Utilization refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due x Use by OWNER at OWNER's option of any as determined wrongfully it by paragraph treated 1 . substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, 14.03 CONTRACTOR's Warranty of Title ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be A. CONTRACTOR warrants and guarantees that title to used by OWNER for its intended purpose without significant all Work, materials, and equipment covered by any Application interference with CONTRACTOR's performance of the for Payment, whether incorporated in the Project or not, will remainder of the Work, may be accomplished prior to pass to OWNER no later than the time of payment free and Substantial Completion of all the Work subject to the following dear of all Liens. conditions. 14, 04 Substantial Completion 1 , OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any A. When CONTRACTOR considers the entire Work such part of the Work which OWNER believes to be ready for its intended use CONTRACTOR shall noready for its intended use and substantially complete. If fify OWNER CONTRACTOR agrees that such part of the Work is and ENGINEER in writing that the entire Work is substantially fete, CONTRACTOR will certify to complete (except for items specifically listed by CONTRACTOR substantial ly comp as incomplete) and request that ENGINEER issue a certificate OWNER and ENGINEER that such part of the Work issubstantially complete and request ENGINEER to issue of Substantial Completion. Promptly thereafter, OWNER, a certificate of Substantial Completion for that part of the CONTRACTOR, and ENGINEER shall make an inspection R Work CONTRACTOR at any time may notify OWNER the Work to determine the status of completion. If ENGINEER and ENGINEER in writing that CONTRACTOR does not consider the Work substantially complete, ENGINEER considers any such part of the Work ready for its VAR notify CONTRACTOR in writing giving the reasons intended use and substantially complete and request therefore. if ENGINEER considers the Work substantially ENGINEER to issue a certificate of Substantial complete, ENGINEER will prepare and deliver to OWNER a Completion for that part of the Work Within a tentative certificate of Substantial Completion which shall fix the reasonable time after either such request, OWNER, date of Substantial Completion. There shall be attached to the CONTRACTOR, and ENGINEER shall make an certificate a tentative list of items to be completed or corrected inspection of that part of the Work to determine its before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written status of completion. If ENGINEER does not consider objection to ENGINEER as to any provisions of the certificate or that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in concludes list- If, after considering such ubst tions, ENGINEER writing giving the reasons therefore. If ENGINEER concludes that the Work is not substantially complete, considers that part of the Work to be substantially ENGINEER will within 14 days after submission of the tentative complete, the puce of paragraph 14.04 will apply certificate to OWNER notify CONTRACTOR in writing, stating with respect to certification of Substantial Completion of the reasons therefore. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially that part of the Work and the division of responsibility in complete, ENGINEER will within said 14 days execute and respect thereof and access thereto. deliver to OWNER and CONTRACTOR a definitive certificate of 2 No occupancy or separate operation of part of Substantial Completion (with a revised tentative fist of items to the Work may occur prior to compliance with the be completed or com:ded) reflecting such changes from the requirements of paragraph 5. 10 regarding property tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of insurance. delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a 14,06 Final Inspection written recommendation as to division of responsibilities A Upon written notice pending final payment between OWNER and CONTRACTOR from CONTRACTOR that the with respect to security, operation, safety, and protection of the entire Work or an agreed portion thereof is complete, Work, maintenance, heat, utilities, insurance, and warranties ENGINEER will promptly make a final inspection with OWNER and guarantees. Unless OWNER and CONTRACTOR agree and CONTRACTOR and will notify CONTRACTOR in writing of otherwise in writing and so inform ENGINEER in writing prior to all particulars in which this inspection reveals that the Work is ENGINEER'S issuing the definitive certificate of Substantial incomplete or defective. CONTRACTOR shall immediately take Completion, ENGINEER's aforesaid recommendation will be such measures as are necessary to complete such Work or binding on OWNER and CONTRACTOR until final payment remedy such deficiencies. B, OWNER shall have the right to exclude 14.07 Final Payment CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR A. Application for Payment reasonable access to complete or correct items on the tentative 1 .After CONTRACTOR has, in the opinion of list• ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules,. 00700 . 32 guarantees, Bonds, certificates or other evidence of confirms, OWNER shall, upon receipt of CONTRACTOR's final insurance certificates of inspection, marked up record Application for Payment and recommendation of ENGINEER, documents (as provided in paragraph 6. 12), and other and without terminating the Agreement, make payment of the documents, CONTRACTOR may make application for balance due for that portion of the Work fully completed and final payment following the procedure for progress accepted. If the remaining balance to be held by OWNER for payments. Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished 2.The final Application for Payment shall be as required in paragraph 5.01 , the written consent of the surety accompanied (except as previously delivered) by: (i) all to the payment of the balance due for that portion of the Work documentation called for in the Contract Documents, fully completed and accepted shall be submitted by including but not limited to the evidence of insurance CONTRACTOR to ENGINEER with the Application for such required by subparagraph 5.04. 6.7; (ii) consent of the payment. Such payment shall be made under the terms and surety, if any, to final payment; and (iii) complete and conditions governing final payment, except that it shall not legally effective releases or waivers (satisfactory to constitute a waiver of Claims. OWNER) of all Lien rights arising out of or Liens filed in 14.09 Waiver of Claims connection with the Work. 3. In lieu of the releases or waivers of Liens A. The making and acceptance of final payment will specified in paragraph 14.07.A.2 and as approved by constitute: OWNER, CONTRACTOR may fumish receipts or 1 . a waiver of all Claims by OWNER against releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and inspection pursuant to paragraph 14.06, from failure to other indebtedness connected with the Work for which comply with the Contract Documents or the terms of OWNER or OWNER's property might in any way be any special guarantees specified therein, or from responsible have been paid or otherwise satisfied. If CONTRACTOR's continuing obligations under the any Subcontractor or Supplier fails to furnish such a Contract Documents; and release or receipt in full, CONTRACTOR may furnish a 2. a waiver of all Claims by CONTRACTOR against ' Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. OWNER other than those previously made in writing which are still unsettled. B. Review of Application and Acceptance 1 . If, on the basis of ENGINEER's observation of ARTICLE 15 - SUSPENSION OF WORK AND the Work during construction and final inspection, and TERMINATION ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the 15.01 OWNER May Suspend Work Work has been completed and CONTRACTOR's other A. At any time and without cause, OWNER may suspend obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the Work or any portion thereof for a period of not more than 90 the final Application for Payment, indicate in writing consecutive days by notice in writing to CONTRACTOR and ENGINEER's recommendation of payment and present ENGINEER which will fix the date on which Work will be the Application for Payment to OWNER for payment. At resumed. CONTRACTOR shall resume the Work on the date the same time ENGINEER will also give written notice so fixed. CONTRACTOR shall be allowed an adjustment in the to OWNER and CONTRACTOR that the Work is Contract Price or an extension of the Contract Times, or both, acceptable subject to the provisions of paragraph 14.09. directly attributable to any such suspension if CONTRACTOR Otherwise, ENGINEER will return the Application for makes a Claim therefore as provided in paragraph 10.05. Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in 15.02 OWNER May Terminate for Cause which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. A. The occurrence of any one or more of the following events will justify termination for cause: C. Payment Becomes Due 1 . CONTRACTOR's persistent failure to perform 1 .Thirty days after the presentation to OWNER of the Work in accordance with the Contract Documents the Application for Payment and accompanying (including, but not limited to, failure to supply sufficient documentation , the amount recommended by skilled workers or suitable materials or equipment or ENGINEER will become due and, when due, will be under to graph 2.07 adto the justed scheduless time to tshed ime paid by OWNER to CONTRACTOR. pursuant to paragraph 6.04); 14.08 Final Completion Delayed 2. CONTRACTOR's disregard of Laws or A. If, through no fault of CONTRACTOR, final completion Regulations of any public body having jurisdiction; of the Work is significantly delayed, and if ENGINEER so 00700 - 33 _ 3. CONTRACTOR's disregard of the authority of costs) incurred in settlement of terminated contracts ENGINEER; or with Subcontractors, Suppliers, and others; and 4. CONTRACTOR's violation in any substantial 4.1or reasonable expenses directly attributable to way of any provisions of the Contract Documents. termination. B. If one or more of the events identified in paragraph B. CONTRACTOR shall not be paid on account of loss 15.02.A occur, OWNER may, after giving CONTRACTOR (and of anticipated profits or revenue or other economic loss arising the surety, if any) seven days written notice, terminate the out of or resulting from such termination. services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all 15.04 CONTRACTOR May Stop Work or Terminate CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent A. If, through no ad or fault of CONTRACTOR, the Work they could be used by CONTRACTOR (without liability to is suspended for more than 90 consecutive days by OWNER or CONTRACTOR for trespass or conversion), incorporate in the under an order of court or other public authority, or ENGINEER Work all materials and equipment stored at the Site or for which fails to ad on any Application for Payment within 30 days after it OWNER has paid CONTRACTOR but which are stored is submitted, or OWNER fails for 30 days to pay elsewhere, and finish the Work as OWNER may deem CONTRACTOR any sum finally determined to be due, then expedient. In such case, CONTRACTOR shall not be entitled to CONTRACTOR may, upon seven days written notice to receive any further payment until the Work is finished. If the OWNER and ENGINEER, and provided OWNER or unpaid balance of the Contract Price exceeds all claims, ,aims, costsENGINEER do not remedy such suspension or failure within 1 losses, and damages (including but not limited to all fees and that fire, terminate the Contract and recover from OWNER charges of engineers, architects, attorneys, and other payment on the some terms as provided in paragraph 15.03. In professionals and all court or arbitration or other dispute lieu of terminating the Contract and without prejudice to any resolution costs) sustained by OWNER arising out of or relating other right or remedy, if ENGINEER has failed to act on an to completing the Work, such excess will be paid to Application for Payment within 30 days after it is submitted, or CONTRACTOR. If such claims, costs, losses, and damages OWNER has failed for 30 days to pay CONTRACTOR any sum exceed such unpaid balance, CONTRACTOR shall pay the finally determined to be due, CONTRACTOR may, seven days difference to OWNER. Such claims, costs, losses, and after written notice to OWNER and ENGINEER, stop the Work damages incurred by OWNER will be reviewed by ENGINEER until payment is made of all such amounts due CONTRACTOR, as to their reasonableness and, when so approved by including interest thereon. The provisions of this paragraph ENGINEER, incorporated in a Change Order. When exercising 15.04 are not intended to preclude CONTRACTOR from making any rights or remedies under this paragraph OWNER shall not a Claim under paragraph 10.05 for an adjustment in Contract be required to obtain the lowest price for the Work performed. Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as C. Where CONTRACTOR's services have been so permitted by this paragraph. 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 ARTICLE 16 - DISPUTE RESOLUTION moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 16.01 Methods and Procedures 15.03 OWNER May Terminate For Convenience A. Dispute resolution methods and procedures, if any, A. Upon seven days written notice to CONTRACTOR shall be as set forth in the Supplementary Conditions. If no and ENGINEER, OWNER may, without cause and without method and procedure has been set forth, and subject to the prejudice to any other right or remedy of OWNER, elect to provisions of paragraphs 9.09 and 10.05, OWNER and teaninate the Contract. In such case, CONTRACTOR shall be CONTRACTOR may exercise such rights or remedies as either paid (without duplication of any items): may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 1 .for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and ARTICLE 17 - MISCELLANEOUS reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date 17.01 Giving Notice of termination in performing services and furnishing labor, materials, or equipment as required by the A. Whenever any provision of the Contract Documents Contract Documents in connection with uncompleted requires the giving of written notice, it will be deemed to have Work, plus fair and reasonable sums for overhead and been validly given if delivered in person to the individual or to a profit on such expenses; member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified 3.for all claims, costs, losses, and damages mail, postage prepaid, to the last business address known to (including but not limited to all fees and charges of the giver of the notice• engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 00700 - 34 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17. 03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as ff repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located . 00700 - 35 SECTION 00800 = Supplementary Conditions SC-1 .00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8 , 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . SC-1 .01 Defined Terms SC- 1 . 01 .A. 20 . Add the following language at the end of GC- 1 . 01 .A. 20: ENGINEER'S Consultant Earl H . Masteller, P . E . , DEE Name: Masteller & Moler, Inc. Address 2205 14P Avenue City, State & Zip : Vero Beach , Florida 32960 Tel. No . : (772) 567-5300 Fax No . : (772) 794- 1104 SC-2.03 Commencement of Contract Times : Notice to Proceed SC4 . 03 Delete paragraph GC 2. 03 in its entirety and insert the following paragraph in its place: 2 . 03 A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. The Contract Time will commence at the time specked in such notice or, if no notice is given thirty days following the Effective Date of Agreement, provided that the Notice to Proceed may not specify a time of commencement later than 60 days after the Effective Date of the Agreement. SC -2.05 Before Starting Construction SC4 . 05. C. Deletearra raP h GC 2. 05. 0 in its entirety and insert the following paragraph in its P 9 place: • C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor . has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 , SC=3.03.B.2 Coordination of Plans, Specifications, and Special Provisions SC-3.06 Add the following new paragraphs immediately after paragraph GC-3. 03. 8. 1 : SC4 . 03 . 6 . 2 Coordination of Plans, Specifications, and Special Provisions 00800 - 1 00800 - Supplementary conditions C." S4*WMtMy CMM".doe Rev. 05MI 2 . In case of discrepancy, the governing order of the contract documents shall be as follows : 1 . Written Interpretations 2 , Addenda 3 , Specifications 4 , Supplementary Conditions 5 , General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 , Referenced Standards . B . Written/computed dimensions shall govem over scaled dimensions . SC4.02 Subsurface and Physical Conditions SC4 . 02 Add the following new paragraphs immediately afterparagraph GC 4. 02. B: C . In preparation of Drawings and Specifications , ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of r subsurface conditions at the Site : 1 . Report dated N/A , prepared by , entitled : , consisting of pages. The "technical data" contained in such report on which CONTRACTOR may rely is D . In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the Site: 1 . Drawings dated November 2002 , prepared by Masteller & Moler, Inc. . entitled : King's Hi-ghway 16" Dia . Brine Main consisting of 19 sheets numbered 1 to 19 , inclusive. All of the information in such drawings constitutes "technical data" on which CONTRACTOR may rely, except for N/A appearing on Drawing No. and appearing on Drawing No, E . Copies of reports and drawings itemized in SC4.02 . 0 and SC4.02 . D that are not included with Bidding Documents may be examined at N/A during regular business hours. These reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which CONTRACTOR may rely as identified and established above are incorporated therein by reference. CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER's Consultants in the preparation of Drawings and Specifications. SC4.05 Reference Points SC4 . 05 Add the following new paragraphs immediately after GC4. 05.A : ti B . Contractor is responsible for measuring and recording existing swale elevations at 100' intervals prior to construction . Existing swale elevations shall be maintained throughout construction . Contractor is also responsible for preservation and/or replacement of any and all existing permanent survey monumentation affected by construction . 00800 - 2 00800 - Supplementary conditions Qft DoamWft ions=M - SWpWwtwy Caift"Aw Rev. 05101 C . ENGINEER may check the lines , elevations , reference marks , batter boards , etc. , set by CONTRACTORS , and CONTRACTOR shall correct any errors disclosed by such a check. Such a check shall not be considered as approval of CONTRACTOR'S work and shall no relieve CONTRACTOR of the responsibility for accurate construction of the entire work. CONTRACTOR shall furnish personnel to assist ENGINEER in checking lines and grades . SC-4. 06 Hazardous Environmental Condition at Site SC 4. 06 G . Delete paragraph GC 4. 06 G. SC-6.01 Performance, Payment and Other Bonds SC-5 . 01 .A. Delete paragraph GC=5. 01.A in its entirety and insert the following paragraphs in its place: A. Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125% of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price . 1 . The CONTRACTOR shall provide two separate bonds. A combined Payment and Performance Bond for 125% of the Contract Price is not an acceptable substitute. 2 Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work and final payment by the OWNER. SC4.04 CONTRACTOR's Liability Insurance SC-5 .04 Add the following new paragraphs immediately after paragraph GG5. 04, B: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations. : 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100, 000 for each accident, $500, 000 disease (policy limit) and $ 100, 000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2 , Commercial General Liability: Coverage shall provide minimum limits of liability of $3,000, 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C, Contractual Liability d . Independent Contractors . e . X, C , U (Explosion , Collapse, Underground) 3 , Business Auto Liability: Coverage shall provide minimum limits of liability of $3 ,000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: 00800 - 3 00800 - Supplementary conditions Qft - sWOWMtwy Cal t"Aw Rev. 05MI a . Owner Autos b . Hired Autos C, Non-Owned Autos . 4 . CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . r. 5 . Special Requirements : a . Ten ( 10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval . b . Indian River County, a political subdivision of the State of Florida will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. e . Insurer must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder' s rating and financial rating of a least Class XI in accordance with the most current Best's Rating . SC-5.06 Property Insurance SC-5. 06 Delete Section GG5. 06 in its entirety. SC=6.07 Waiver of Rights SC-5 . 07 Delete Section GC-5. 07 in its entirety. SC-5.10 Partial Utilization, Acknowledgement of Property Insurer SC-5. 10A. Delete paragraph GG5. 10 A. SC-6 .02 Labor; Working Hours SC=6 . 02. B . Add the following paragraphs immediately after paragraph GC402. B: 1 . Regular working hours are defined as Monday through Friday, excluding County Holidays , from 7 a . m . to 5 p . m . 2. County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. 00800 - 4 00800 " Supplementary conditions QWIy - Supplementary CWW ti M.dW Rev. 0=1 f 3 . The CONTRACTOR shall receive no additional compensation for overtime work, i .e. , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week , even thought such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR , which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR , and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR . 5 . No work shall commence before 7 a . m . or continue after 7 p . m , except in case of emergency upon specific permission of the ENGINEER . SC-6.06 Concerning Subcontractors, Suppliers, and Others SC=6 .06 .C . Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC-6 .08 Permits SC-6 .08 Add the following paragraphs immediately atter paragraph GC408.A : B . The OWNER has obtained the following permits : 1 . FDEP Wastewater Construction Permit 2 , Indian River County Right-of-way Permit C . The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . r SC=6.20eA Indemnification SC=6 . 20 .A Delete existing paragraph 6-20 .A in its entirety and insert the following : The CONTRACTOR shall indemnify and hold harmless the OWNER , and the OWNER's officers and employees , from liabilities, damages, losses, and costs , including , but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. r C-My ooa.Te ftVM0 daw28Mpedfica9"=M - supOCUUM10ns.doc R05MI 5 00800 - supplementary conditions SC-13 .03 Test and Inspections SC- 13 .03 . 13 , Delete the first sentence of paragraph GC 13. 03. 8 (up to the colon) in its entirety, and insert the following sentences in its place: B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections, tests , or approvals listed immediately below. Subsequent inspections, tests , or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The following inspections, tests, or approvals shall be provided by and paid for by the CONTRACTOR. 1 , Proctor Testing 3 . Leakage Testing 2 , Density Testing 4 . Hydrostatic Testing 14.02 Progress Payments SC= 14 . 02 .A.2 Delete paragraph GC= 14. 02.A. 2 in its entirety and insert the following paragraph in its place: The CONTRACTOR shall make the following certification (Affidavit) on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers except as listed below. " SCA4. 02 . B. 5 . Add the following sentences at the end of paragraph GG14. 02. 8. 5: e. the work for which payment is requested cannot be verified ; f. failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work; g . OWNER has been required to pay ENGINEER or ENGINEER'S Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or h . OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections , tests , or approvals . ' SCA 4. 02 . C. 1 Delete paragraph GG 14. 02. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt Payment Act. 14.07 Final Payment SC- 14. 07. C. 1 Delete paragraph GG 14. 07. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt ' Payment Act. 00800 - 6 00800 - Supplementary conditions QWY ooamenb ►ooeoo - SLPOWe KWY Cordib" w Rev. 05MI SC 16.02 OWNER May Terminate for Cause SC 15. 02 .A Add the following sentence at the end of paragraph GG 15. 02.A 5 . Failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work. rSC 16 DISPUTE RESOLUTION SCA 6 Add the following new paragraphs immediately after paragraph SC- 16. 01 . SC- 16 .02 Venue This contract shall be governed by the laws of the State of Florida . Venue for any lawsuit by either party against the other party or otherwise arising out of this contract shall be in Indian River County, Florida , and in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . SC-17 Miscellaneous Add the following new paragraph immediately after paragraph GC17, 05., SC- 17 . 06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens maybe filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: ' " Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name) , pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub-subcontract hereunder. " ' The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who are defined in Section 713 . 01 , Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full . The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit-claim any ' and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . SC-17.06 SC- 17 .06 Add the following new paragraphs immediately after GC- 17. 05: 17 . 06 The form of all submittals , notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER . The forms for Notice of Award, Notice to Proceed , and Final Receipt which the ENGINEER expects to use are contained in the subsequent pages of these Supplementary Conditions. 00800 - 7 00800 - Supplementary Conditions CAMs Dom nencsVmJeocswzsWPeaflwuonsw )m - saqAemwtwy Conditions.doc Rev. 05MI 6706- 050 ' NOTICE OF AWARD ' Dated 19 TO : ( Bidder) PROJECT N0 , PROJECT OWNER ' S CONTRACT N0 , CONTRACT FOR ( Insert Name of Contract as it appears In the Bidding Documents ) You are notified that your Bid dated 199_ for the above Contract has been considered . You are the apparent successful Bidder and have been awarded a contract for r ( Indicate total Work , alternates or sections of Work awarded ) The Contract Price of your contract is Dollars Enclosed are seven ( 7 ) copies of the Contract Documents for your execution and subsequent return to this office for further processing . You must comply with the following conditions ons precedent within fifteen ( 15 ) days of the date of this Notice of Award , that is by , 19 : 1 . Execute all copies of the Agreement . Each Pl oject Manual and set of contract drawings must bear your signature on the cover sheet . Do not date the 00800- 8 2/21 /96 6706 - 050 Agreements or bonds ; this will be accomplished upon execution of the - contracts by the OWNER . Submit a power of attorney authorizing OWNER to date bonds ' and Agreements . 2 . Submit seven ( 7 ) copies of the Performance and Payment Bonds . Instructions ' to the Surety and the Principal for execution of the bonds are as follows . Where the CONTRACTOR is a Corporation , the Agreement and any bonds must ' be executed by the President or the Chairman of the Board of the corporation . The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation . The signatures of the persons executing the bond on behalf of the Principal and of the Surety , respectively , shall each be dated on the signature line . If the bond is executed by an Attorney- in - Fact for the Surety , the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney . ' Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document . The Secretary or other properly authorized Officer must certify and ' seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the ' Attorney - in - Fact . 3 . Include seven ( 7 ) copies of the Certificate of Insurance . The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows . ' " Should any of the above described policies be cancelled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty ( 30 ) days written notice to the, below named certificate holder . " ' Failure to comply with these conditions within the timespecified will entitle PY ' OWNER to consider your Bid abandoned , to annul this Notice of Award and to declare your Bid Security forfeited . ' Within twenty ( 20 ) days after you comply with the above conditions , the OWNER will return to you one fully signed counterpart of the Contract Documents attached . If you have any questions , or if we can be of any further assistance , please do not hesitate to contact this office . 00800 - ' 2/21 /96 w 6706-050 Sincerely , Purchasing Director 00800- 10 2/21 /05 t 6706-050 1 ' THIS PAGE LEFT BLANK INTENTIONALLY 1 1 1 00800- I 1 ' turns 'C1 - 00800 ' yuuad uaPnJ)suo0 d30 au72N padAl pa;ea lenoiddy pjeoe ' ; uawaajBy pa) noax3 —' a Ind avb T S puog aoueuLo}Jad pue ) uauy( ed —' aouemsul papjooab — � g ' 6T islljoa40 uoll:) rul,suo0- aid 30 A2p aye sTuq ' Aq , pabpaTMouNoP Aga .zaq sT Q333OUd OZ 30I .LON anoge 3o jdT90aU 30IZON 30 30mvid360X .IaauTbu3 TP4ua mo.ITnu3 3 • d ' ssT5(gO4OH @D TaPyOTW )UNMD 2daA d NVIQNI ' 6T g: o App auk ' azo � azaq � ' ST NaOm TTP 3o uoT ; aTduioo 3o a � ep ayy • a4ep sTt4 � u1o .z3 s /� ep zepuaTeo anT � noasuoo _ - uTLPTM ( .IOM aq4 a49Tduioo o � aae nod 6T azogaq so uo 6T pa4ep queuraa .zbe ' aq � g4TM 90UPPIODOP UT x .IOM aoueunuoo Oq paT3Tgou Aga .Iaq ale noA awpN qoa Cojd * ON PTS OVI ' oN 409101d saoTnJas A4TTTgn 90 quawlavdaa A ; unoo .zanTV ueTpul � so3ro� a ' 3s�ra : os 0330oud 01 30I10H ' 6706-050 1 1 THIS PAGE LEFT BLANK INTENTIONALLY 1 1 ' 00800 - 13 ' amAe 6706- 050 , FIELD ORDER PROJECT : FIELD ORDER N0 . DATE : ' CONTRACT NO : OWNER : OWNER ' S PROJECT NO : T0 : CONTRACT DATE $ ' This Field Order is issued to interpret/clarify the Contract Documents , order minor changes in the work and /or memorialize trade - off agreements , Both parties hereby agree that the work described by the Field Order is to be accomplished without rchange in Contract Sum , Contract Time , and /or claims for other costs . DESCRIPTION : ( Here insert a written description of the interpretation , change of agreement . ) FIELD ENGINEER : CONTRACTOR : — BY : BY : 00800 - I ¢ ' 2/21 /96 6706-050 ' THIS PAGE LEFT BLANK INTENTIONALLY 1 00800- IS ' 3f71N6 WORK DIRECTIVE CHANGE . . ( Instructions on reverse side ) No . PROJECT : DATE OF ISSUANCE : OWNER : t ( Name , Address ) CONTRACTOR : OWNER ' s Project No . ENGINEER : CONTRACT FOR : ENGINEER ' S Project No . You are directed to proceed promptly with the following change (s) : Description : - Purpose of Work Directive Change : Attachments : (list documents supporting change) If a claim is made that the above change ( s ) have affected Contract Price or Contract Time , any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change (s ) . Method of determining change in Method of determining change in Contract Price : Contract Time ❑ Time and materials ❑ Contractor ' s records t ❑ Unit prices ❑ Engineer ' s records ❑ Cost plus fixed fee ❑ Other ' , ❑ Other Estimated increase ( decrease) in Contract Estimated increase ( decrease) in Contract Price : 3 Time : days . If the change If the change involves an increase , the esti- involves an increase , the estimated time is mated amount is not io be exceeded with - not to be exceeded without further autho - out further authorization . rization . RECOMMENDED : AUTHORIZED : by b Engineer y Omer EJCDC No . 191048 F ( 1983 Edition) Prepared by the Engineers ' joint Contract Documents Committee and endorsed by the Associated General Contractors oC America. • 1 00800 - 16 WORK DIRECTIVE CHANGE ' INSTRUCTIONS A . GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which , if not processed expeditiously , might delay the Project . These changes are often initiated in the field and may affect the Contract Price or the Contract Time . This is not a ' Change Order , but only a directive to proceed with Work that may be included in a subsequent ' Change Order . For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time , a Field Order may be used . B . CONL ITLETLNG THE WORK DIRECTIVE CHANGE FORM Engineer initiates the form , including a description of the items involved and attachments . Based on conversations between Engineer and Contractor , Engineer completes the fol- lowing : ' METHOD OF DETERMINING CHANGE , IF ANY , IN CONTRACT PRICE : Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price . If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is completed , another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached . If the Work Directive Change is not likely to change the Contract Time , the space for estimated increase ( decrease) should be marked " Not Applicable ' METHOD OF DETERMINING CHANGE , IF ANY , IN CONTRACT TIME : Mark the method to be used in determining the change in Contract Time and the estimated ' increase or decrease in Contract Time . If the change involves an increase in the Contract Time and the estimated time is approached before the additional or changed Work is completed , another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached . If the Work Directive Change is not likely to change the Contract Time , the space for estimated increase (decrease) should be marked " Not Applicable " . Once Engineer has completed and signed the form , all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Time . Once authorized by Owner , a copy should be sent by Engineer to Con - tractor . Once the Work covered by this directive is completed or final cost and time determined , Contractor should submit documentation for inclusion in a Change Order . THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE ORTHE CONTRACTTIME . A CHANGE ORDER , IF ANY , iSHOULD BE CONSIDERED PROMPTLY . 1 00800- 17 CERO ECT : DATE OF ISSUANCE , . MCI ddress) OWNER ' s Project No . ENGINEER: iNTRACer FOR : ENGINEER 's Project No . 'ou are directed to make the following changes in the Contract Documents , triptione lose of Change Order. Ichmentso (List documents supporting change ) '- CHANGE IN CONTRACT PRICE. CHANGE IN CONTRACT TIME : nal Contract Price Original Contract Time days or dW ous Change Orders No # to too . rNct change from previous Change Orders days ct Price prior to this Change Order Contract Time Prior to this Change Order days or dau crease ( decrease ) of this Change Order Net Increase ( decrease) of this Change Order days r Tact Price with all approved Change Orders Contract Time with all approved Change Orders days Of dale � MMENDED : APPROVED : APPROVED : by by conah-scsoie X No . 1910 .8 . 8 ( 1983 Edition ) 'Ibr the Entineen ' Joint Contract Documents Committee And endorsed by The Associated Genera! Contractors or America. Oa � ot7 - i (3 ' A . GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Time . Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time . Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis - ' trative burden may lead to unnecessary disputes . For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time , a Field Order may be used . B . COMPLETING THE CHANGE ORDER FORM ' Engineer initiates the form , including a description of the changes involved and attach - ments based upon documents and proposals submitted by Contractor , or requests from Owner , or both . iOnce Engineer has completed and signed the form , all - copies should be sent to : Contractor . for approval . After approval by Contractor , all copies should be sent to Owner for approval . Engineer should make distribution of executed copies after approval by Owner . U a change only applies to price or to time , cross out the part of the tabulation that does not apply . 00800 - tq AYYL1 (: ATLQN FOR PAYMENT NO . To Contract for OWNER) OWNER ' s Project No . . ENGINEER ' s Project Noe For Work accomplished through the date of ME .14 VCONTRACTOR'S Schedule o6 Vdues Wont Completed cut Price Quantity Amount Quantity Amount S S S t Total S S (Orig . Contract) C . O . Noe I ' C . O . No . 2 ee Accompanying Documentation : GROSS AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . . . S LESS �7o RETAINAGE . . 04 . 0 . 0 . . . . . 0 0 0 0 0 S AMOUNT DUE TO DATE . . . . . . . . . . . . . . . . . . . . . S LESS PREVIOUS PAYyiENTS . 0 . 00 . 0 . . . 0040 . . S AMOUNT DUE THIS APPLICATION . . . . . . - . . S CONTRACTOR ' S Certification : The undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered t through inclusive ; and ' (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for PaymenkwiIl pass to OWNER at time of payment free and clear of all liens , claims , security interests and encumbrances ( except such as covered by Bond acceptable to OWNER) : Dated , 19 CONTRACTOR By Payment of the above AMOUNT DUE THIS APPLICATION is recommended . Dated , l9 ENGINEER By EJCDC No . 1910-8- E ( 1983 Edition ) - Prepared by the Entincers ' Joint Conteactboeuments Committee and endorsed by The Associated Gencrai Contractors or America . 0 00800 — 20 APPLICATION FOR PAYMM4 t 14STRUCTIONS . � . GENERAL INFORMATION , This standard form is intended as a guide only . Many projects require a much more ttensive form with space for numerous items , descriptions of Change Orders , identifi- tion of variable quantity adjustments , summary of materials and equipment stored at the site and other information . It is expected that a separate form will be developed by tngineer or Contractor at the time Contractor ' s Schedule of Values is finalized . Note also at the format for retainage must be changed if the Agreement permits (or the Law Ficle vides) , and Contractor elects , the deposit of securities in lieu of retainage . Refer to 14 of the General Conditions for provisions concerning payments to Contractor . . COMPLETING THE FORM e Schedule of Values , submitted and approved as provided in paragraphs 2 . 6 . 3 and 2 . 9 of the General Conditions , should be copied in the space indicated on the Application For Rayment form . Note that the cost of materials and equipment is often listed separately om the cost of their installation . All Change Orders affecting the Contract Price should be identified and include such supplemental Schedules of Values as required for progress tyments . . ie form is suitable for use in the Final Application for Payment as well as for Progress Oayments ; however , the required accompanying documentation is usually more extensive r final payment . All accompanying documentation should be identified in the space provided on the form . � . ENGINEER ' S REVIEW Engineer must review all Applications for Payment with care to avoid recommending any tyments not yet earned by Contractor . All accompanying documentation of legal nature , ch as lien waivers , should be reviewed by an attorney , and Engineer should so advise Owner . i 1 ' oo8OO � 11 CERTIFICATE OF SUBSTANTIAL COMPLETION ER' s Project No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ENGINEER ' s Project No . . . . . . . . . . . . . . . . . . , . , , , , , , Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :: . . . . . . . . . . . . . . . . . . . . . " 11TRACTOR 000006000000 0 09 a ego 00 assets 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :) nttact For . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified s thereof. ■ . . 6000 . 00 . . . . . . . . . . . . . . 00 . . . 0 . 0099 . . . . . . . . . . . . . . 600 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OWNER idTo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . coHTR+ CTOa Work to which this Certificate applies has been inspected . by authorized representatives of OWNER , CONTRACTOR ENGINEER . and that Work is hereby declared to be substantially complete in accordance with the Contract Documents 000 . 0 . . . . a . . . . . . . . . . . . . . DATE OF SUBSTANTIAL COMPLETION ntative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to de an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the tract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within ____----days the above date of Substantial Completion . rCDC No . 1910- 8 • D ( 1983 Edition ) Fed by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America . s ' 00800 — 1Z � e responsibilities between OWNER and CONTRACTOR for security , operation , safety, maintenance , heat , utilities , surance and warranties shall be as follows : RESPONSIBILITIES : - OWNER: CONTRACTOR: e following documents are attached to and made a part of this Certificate : - IIs certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release CONTRACTOR ' s obligation to complete the Work in accordance with the Contract Documentse Ixecutcd by ENGINEER on . . . . . . . . . . . . . . . . . . . 19 4 6 0 6 . . . . . . . . ENGINEER By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRACTOR accepts this Certificate of Substantial Completion on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 000 . . . . . . . . . . . . . . . . . . . . . . . . woos * . . . . . CONTRACTOR By000000 * see * 0 a 0- 0. 0 do so 004 . . . . . . . . . . . . . . . . . . . . . . . OWNER accepts this Certificate of Substantial Completion on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . OWNER - , By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I00800 - 23 6706 - 050 I FINAL RECEIPT Received this day of A . D . , 19 of as full and final payment of the cost of all improvements provided for in the foregoing contract the sum of Dollars and Cents , ( $ 1 , In cash , being the full amount accruing to the undersigned by virtue of said Contract , said cash covering and including full payment -for all extra work and material furnished by the undersigned in the construction of said improvements , and all incidentals thereto , and the undersigned hereby releases the tsaid from all claims whatsoever growing out of the said Contract . These presents are to certifythat 1 t a ! persons doing work upon or furnishing materials or supplies for said improvements under the foregoing Contract have been paid in full . The undersigned further certifies that all taxes imposed by Chapter 212 , Florida Statues ( Sales and Use Tax Act ) , as amended , have been paid and discharged . CONTRACTOR i 00800 - 24 2/21 /96 6706-050 , I f 1 THIS PAGE LEFT BLANK INTENTIONALLY 008M 'l S anwa 6706 - 050 DUTIES , RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A . GENERAL Resident Project Representative is ENGINEER ' S Agent , will act as directed by and under the supervision of ENGINEER , and will confer with ENGINEER regarding his actions . Resident Project Representative ' s dealings In matters pertaining to the on -site Work shall in general be only with ENGINEER and CONTRACTOR , and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR . Written communication with OWNER will be only through or as directed by ENGINEER . Be DUTIES AND RESPONSIBILITIES Resident Project Representative will : 1 . Schedules : Review the progress schedule , schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptabllity . 2 . Conferences : Attend preconstruction conferences . Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance . Attend meetings , and maintain and circulate copies of minutes thereof . 3 . Liaison : a . Serve as ENGINEER ' S liaison with CONTRACTOR , working principally through CONTRACTOR ' S superintendent and assist him in understanding the intent of the Contract Documents , Assist ENGINEER in serving as OWNER ' S liaison with CONTRACTOR when CONTRACTOR ' S operations affect OWNER ' S on- site operations . b . As requested by ENGINEER , assist in obtaining from OWNER additional details or information , when required at the job site for proper execution of the Work , i 1 ' 008m26 2121196 6706 - 050 4 . Shop Drawings and Samples : a . Receive and record date of receipt of Shop Drawings and samples , receive samples which are furnished at the site by CONTRACTOR , and notify ENGINEER of their availability for examination . b . Advise ENGINEER and CONTRACTOR or his superintendent immediately ' of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER . 5 . Review of Work , Rejection of Defective Work , Inspections and Tests : a . Conduct on - site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents . b . Report to ENGINEER whenever he believes that any Work is unsatisfactory , faulty or defective or does not conform to the Contract Documents , or does not meet the requirements of any inspections , tests or approval required to be made or has been damaged prior to final payment ; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation , or requires special testing , inspection or approval , i c . Verify that tests , equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel , and that CONTRACTOR maintains adequate records thereof ; observe , record and report to ENGINEER appropriate details relative to the test procedures and ' startups . d . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project , record the outcome of these inspections and report to ENGINEER . 6 : Interpretation of Contract Documents : Transmit to CONTRACTOR engineer ' s clarifications and interpretations of the Contract Documents , 7 . Modifications : Consider and evaluate CONTRACTOR ' S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER . 1 . . ^ s 00800 - Z7 ' 2/21 /96 6706 - 050 8 . Records : a . Maintain at the job site orderly files for correspondence , reports of job conferences , Shop Drawings and samples submissions , reproductions of ' original Contract Documents including all Addenda , change orders , field orders , additional Drawings issued subsequent to the execution of the Contract , ENGINEER ' S clarifications and interpretations of the Contract Documents , progress reports , and other Project related documents . b . Keep a diary or log book , recording hours on the job site , weather conditions , data relative to questions of extras or deductions , list of visiting officials and representatives of manufacturers , fabricators , - - suppliers and distributors , daily activities , decisions , observations in general and specific observations in more detail as the case of observing test procedures . Send copies to ENGINEER . c . Record names , addresses and telephone numbers of all contractors , t Subcontractors and major suppliers of materials and equipment . 9 . Reports : a . Furnish ENGINEER periodic reports as r.: quired of progress of the Work and CONTRACTOR ' S compliance with : the approved progress schedule and schedule of Shop Drawing submissions . ' b . Consult with ENGINEER in advance of scheduled major tests , inspections or start of important phases of the Wog k . c . Report immediately to ENGINEER upon the occurrence of any accident . 10 . Payment Requisitions : Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER % noting particularly their relation to the schedule of values , Work completed and materials and equipment delivered at the site but not incorporated in the Work . 11 . Certificates , Maintenance and Operation Manuals : During the course of the Work , verify that certificates , maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed ; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work . 00800 - 1 a 2/21 /86 6706 - 050 12 . Completion : a . Before ENGINEER issues a Certificate of Substantial Completion , submit to CONTRACTOR a list of observed items requiring completion or correction . b . Conduct final inspection in the company of ENGINEER , OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected . c . Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance . C . LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER , Resident Project Representative : 1 . Shall not authorize any deviation from the *tContract Documents or approve any substitute materials or equipment . 2 . Shall not exceed limitations on ENGINEER ' S authority as set forth in the Contract Documents , 3 . Shall not undertake any of the responsibilities of CONTRACTOR , Subcontractors or CONTRACTOR ' S superintendent , or expedite the Work . 4 . Shall not advise on or issue directions relative to any aspect of the means , I methods , techniques , sequences or procedures of construction unless such is specifically called for in the Contract Documents , 5 . Shall not advise on or issue directions as to safety precautions and programs in connection with the Work . 6 . Shall not authorize OWNER to occupy thel 'Project in whole or in part . 7 . Shall not participate in specialized field or laboratory tests . ' END OF SECTION 00800 - 29 2/21 /96 i t DIVISION 1 � GENERAL REQUIREMENTS r SECTION 01000 SUMMARY OF WORK ' PART 1 -- GENERAL 1 . 01 LOCATION OF WORK ' The 16" Brine Pipeline is generally located on 58th Avenue from 77th Street to 57th Street and East on 57th Street to Bent Pines R . I . B . 1 . 02 DESCRIPTION OF WORK ' Construction of approximately 20 , 160 LF of 16" diameter PVC/D . I . P . brine main , (7) 16" diameter HDPE directional bores ( 1850 LF) , air release valves , gate valves , and restoration in- kind . Construction consists of, but is not limited to , utilities exploration , coordination with any permitting agencies , trenching , dewatering , installation of pipe with fittings and all appurtenances , restrainers and soil compaction , testing (includes providing temporary jumper or another approved method for flushing) irrigation repair, private property replacement or repair, franchise utility repair and traffic control . PVC pipe shall be C-900 and/ or C-909 and Directional Drill pipe shall be C906 per Indian River County Utility Standards and Specifications . PART 2 — PRODUCTS ' Not applicable PART 3 — EXECUTION ' Not applicable ' END OF SECTION ' 01000 - 1 ' CADocuments and Settings\mikeh\Local Settings\Temporary Internet Files\OLK253\01000 Summary Of Work.doc ' SECTION 01025 MEASUREMENT AND PAYMENT ' PART 1 — GENERAL 1 . 01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents . No separate payment will be made for excavation , trenching dewatering , backfilling , leakage tests , surveying , density tests , or other incidental items of work not shown in the Agreement . 1 . 02 EQUIPMENT AND MATERIALS IN STORAGE ' Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. The partial i payment for stored materials will be 50% of the value of materials and ■ equipment, based on receipted bilis, fumished but not incorporated in the work, as determined by Engineer. ' 1 . 03 MEASUREMENT ' A. Mobilization : Measurement shall be on a lump sum basis , and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT ($) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100 , 000 31000 ' 100,000 5001000 15, 000 500,000 11000,000 30, 000 11000,000 2 ,000, 000 60,000 21000 ,000 32000, 000 90 , 000 . , 31000, 000 49000 , 000 120 , 000 41000, 000 510002000 1253000 ' 51000,000 6 , 000 , 000 150, 000 61000, 000 71000,000 175 ,000 70000, 000 10, 000, 000 200,000 ' 10 , 000 , 000 -- 2509000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item , as specked herein , the bid price will be ' reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received . The cost of video taping the pre-construction condition shall be included in the lump-sum cost of mobilization . 01025- 1 BASpedfica*ms" 025 Measurement and Paymentdoc B . Pipe : Pipe will be measured along the centerline of the pipe installed . No deduction will be made for the length of valves and fittings installed in the line . Where the measurement terminates at a valve , bend , tee , or other fitting , the centerline of the valve or fitting shall be the point of termination . All ' required pipe lining , coating , encasement material, restraining devices , and thrust blocks shall be included in the cost of the pipe . C . Fittings : Measurement of cast iron and ductile iron fittings shall be on the basis of weight . The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog . When mechanical joint fittings are required , the weight of the gland ' bolts and gaskets shall not be added to the listed weight of the fittings . Where flanged fittings are furnished , the weight of the bolts and gaskets shall not be included . iD . Gate Valves and Tapping Valves : Measurement shall be on the basis of furnishing and installing each type and size of valve (and tapping sleeve , if applicable) required , including the valve box, cover, and other associated items. E . Air Release Valves : Air Release Valves measurement shall be on the basis ' of furnishing and installing ARI -D-025P 2° diameter air release valves in a CDR valve vault . F. HDPE Horizontal Directional Bore : Measurement of HDPE horizontal directional bore shall include all material (including HDPE pipe) , equipment , supplies, fuel , labor, sheeting and bracing , jacking and boring pits (if ' required) , excavation , dewatering , backfilling , compaction , mechanical fittings, restoration , furnishing and installing HDPE pipe . Payments shall be based on linear foot along the centerline of pipe installation . Directional bore lengths specked in the Engineering Plans are estimated quantities . Indian River County shall determine directional bore lengths. Wedge type split stainless steel inserts shall be used for mechanical fittings on 10° and smaller diameter pipe . A fuse welded mechanical joint adapter kit shall be used for ' mechanical fittings on 12" diameter pipe. G . Driveway Bore: Measurement of Driveway Bore shall include equipment , supplies, fuel , labor, sheeting and bracing , excavation , dewatering , backfilling , compaction , mechanical fittings, restoration, furnishing and installing pipe . Measurement of Driveway Bore does not include the ' actual pipe installed. Installed pipe quantities for Driveway Bores are covered in Section 1 . 03 . 13 . Payments shall be based on the lengths specked in the Schedule of Bid Items , Driveway Bore lengths specified in the ' Schedule of Bid Items are estimated quantities . Contractor will be compensated for driveway bores on a proportionate linear foot basis (e . g . an 80 foot long bore estimated at 70 feet in the schedule of bid items will be compensated at the ratio of 8/7 times the unit price . Likewise a 60 foot long bore estimated at 70 feet in the schedule of bid items will be compensated at the ratio of 6/7 times the unit price) . Indian River County shall determine driveway bore lengths. 01025-2 ' C:WIy D=mentslprojectsW2621specificationsV 025 Measurement and Payment.doc i iH . Concrete Sidewalk and Driveway Replacement: Measurement of concrete for sidewalk and driveway replacement shall be computed using the linear feet, as measured along the pipe , or sidewalk and/or driveway removed and replaced as a result of Contractor's operations . Minimum widths of replacement shall be as described in specifications or as shown on the plans . No separate payment will be made for sawcutting , excavation , formwork, ' reinforcing , or other work or materials required in connection with concrete construction . I . Concrete Encasement: Measurement of concrete for encasement shall be on ' the basis of the number of cubic yards of concrete installed , except that the maximum allowable quantity of concrete installed shall not exceed the values given below: Pipe Size (Inches) Max. Concrete for Encasement (CY/LF of Pipe) ' 6 0. 09 8 0. 10 10 0 . 11 ' 12 0 . 12 J . Asphaltic Pavement Replacement: Measurement of asphalt pavement ' replacement shall be computed using the linear feet as measured along the pipe of asphalt removed and replaced as a result of Contractor's operations . Minimum width of replacement shall be as described in the specifications or as shown on the plans . Unit price shall include sawcutting , base and ' subgrade materials , compaction , etc. K. Grassing : Measurement of grassing (seed or sod) shall be computed using ' the linear feet, as measured along the water main pipe , or grassed area disturbed and restored as a result of Contractor's operations . The entire width of the disturbed area shall be grassed . Payment shall include all necessary grading , soil preparation , seeding , sodding , fertilizer, mulch , and irrigation . This pay item does not include grassing over disturbed areas associated with installation of water service. Grassing over water service will be a part of the pay item for installing water service (see section F above) . C04. PAYMENT Payment will be made at the respective contract unit and/or 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 the preparation of record drawings . 01025-3 C:WIy pomowntsVrojecis%02621Spedfcations%01025 Measurement and Paymentdoc r 1 .05. RESTORATION OF DAMAGED SURFACES , STRUCTURES AND PROPERTY ' Where pavement, trees , shrubbery, fences , or other property or surface structures not designated as pay items have been damaged , removed , or ' disturbed by the Contractor, whether deliberately or through failure to cant' out the requirements of the Contract Documents , state laws , municipal ordinances , or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. ' END OF SECTION 01025-4 C:Wty Dmffmntslprojects\02621spedficabons101025 Measurement and Payment.doc ' SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 -- GENERAL 1 .01 PERMITS REQUIRED A. Florida Department of Environmental Protection : The general permit from the Florida Department of Environmental Protection (FDEP) for the project is being obtained by IRCDUS . ' B . INDIAN RIVER COUNTY: The Contractor, along with the Utilities Department, must obtain right-of4ay permit(s) from Indian River County prior to initiating construction . It typically requires three weeks processing time to receive a right-of4ay permit. There is no processing fee for the permit. One set of construction plans must be submitted along with a ' permit application to the Indian River County Engineering Department. Some of the conditions of the County right-of4ay permits are as follows : 1 . Applicant shall not begin construction of any kind in the County right-of--way prior to application and issuance of a valid permit by Indian River County. ' 2 . Any area disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction, including but not limited to compaction , grading , ' paving , seeding and mulching , sodding , etc. , as the case may be . The quality of construction , materials , and workmanship shall be in accordance with County standards. All disturbed areas shall be ' restored within 48 hours after excavation . 3. Applicant shall notify the County Engineering Division at least 48 hours prior to the placement of concrete, paving of asphalt, installation of culverts , or backfilling of trenches , so that the County may inspect installations as necessary. Applicant shall further notify the County in writing of its request for final inspection and approval at the completion of the permitted activity. 4. The applicant shall assume responsibility for all maintenance , replacement, or removal of any right-of-way improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the County, its officers , employees , or agents , from any damages , claims, causes of action , or losses, whether for personal injury, loss of life or property damage, arising from the actions or omissions of ' applicant, its officers, agents , or employees, associated with the placement, maintenance or removal of installations authorized by ' 1060 - 1 C:Wy DocumentsVrojects10262%Spearications\01060 Regulatory Requirements and Notification .doc ' T applicant agrees to use all reasonable care under this permit . he app g the given circumstances to assure that members of the traveling ' public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers , warning signals , flagmen , or other prudent measures . ' 5 . The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction . Issuance of this permit does not relieve applicant of liability for trespass to private property. ' 6 . This permit shall be considered a license only, for the limited purpose of installation , placement, and maintenance of the improvements specified on the face hereof, and does not convey any other right, title , or interest of the County in the subject right-of- way property . ' 7 . Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the ' County Engineer or his authorized representative. 8 . Applicant is cautioned that electrical , water and sewer, or other installations or utilities may be located within the construction area , ' and applicant shall use diligent efforts to first detect and locate all such installations , and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable in every ' manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-ofaway users . ' 9 . In cases where a concrete driveway is to extend to a paved road , that portion of the driveway from property line to the edge of the road pavement shall be a minimum thickness of six (6) inches . If the road is unpaved , the concrete/asphalt driveway shall not extend beyond the property line . C . Other Permits Required : The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts . 1 .02 NOTIFICATION ' A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Michael Hotchkiss , 772-567-8000 x1823) . The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to ' blocking any County roads or detouring any traffic (Jim Davis, P. E . , 772- 567-8000 , Extension 1245) . 1060 - 2 C:WIy DocumentsVrojects%0262%SpedficationsWl O60 Regulatory Requirements and Notification .doc ' B . Utility Companies: Contractor shall notify the following known utility companies in the area 48 hours prior to initiating construction : Sunshine/One State Call , 1 -8004324770 Southern Bell Telephone, W. G . Gallagher, 77246&5538 TCI Cablevision , Craig Bowers , 772-567-3444 Ext. 51 ' C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places) where he will start the work. D . When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer ' shall be notified . The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts . PART 2 = PRODUCTS Not applicable ' PART 3 - EXECUTION ' Not applicable END OF SECTION i 1 ' 1060 - 3 C:WIy Documents\projects\0262\Specifications\01060 Regulatory Requirements and Notification.doc ' SECTION 01090 REFERENCE STANDARDS PART 1 -- GENERAL ' 1 .01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards . 1 .02 QUALITY ASSURANCE ' A. Application : When a standard is specified by reference , comply with requirements and recommendations stated in that standard , except when requirements are modified by the Contract Documents , or applicable codes establish stricter standards. B . Publication Date : The publication in effect on the date of issue of Contract Documents , except when a specific publication date is specked . 1 .03 ABBREVIATIONS, NAMES , AND ADDRESSES OR ORGANIZATIONS A . Obtain copies of reference standards direct from publication source , when needed for proper performance of work, or when required for submittal by Contract Documents . B. The following , as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: ' AA Aluminum Association 818 Connecticut Avenue, NW ' Washington , D . C . 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D . C. 20005 • • AASHTO American Association of State ' Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 ADC Air Diffusion council 435 North Michigan Avenue Chicago , IL 60611 Al Asphalt Institute ' 01090 - 1 B:%Specificatiom%01090 Reference Standards.doc Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16' Street, NW Washington , D. C . , 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights , IL 60004 ANSI American National Standards Institute 1430 Broadway ' New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington , VA 22209 ASHRAE American Society of Heating , Refrigeration and ' Air Conditioning Engineers 345 East 47' Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 470' Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota ' Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland , OH 44113 • . ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington , VA 22206 AWPA American Wood-Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 ' 01090 - 2 B:1Spec fkx tions%01090 Reference Standards.doc AWS American Welding Society 2501 NW 7' Street Miami , FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA Cop per Development Association 57°' Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington , D .C . 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago , IL 60601 FDOT Florida Department of Transportation Haydon Bums Building 605 Suwannee Street Tallahassee , FL 32301 FM Factory Mutual System 1151 Boston-Providence Turnpike Norwood , MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yana, Bldg. 197 Washington, D.C . 20407 GA Gypsum Association 1603 Orrington Avenue Evanston , IL 60201 . MFMA Maple Flooring Manufacturers Association 2400 East Devon , Suite 205 Des Plaines, IL 60018 MIL Military. Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath 1 Steel Framing Association 221 North LaSalle Street Chicago , IL 60601 ' 01090 - 3 B:%SpeaficeWnsN01090 Reference Standanis.doc NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna , VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington , D .C . 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston , MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington , D . C . 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis , TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW ' Washington , O .C . 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines , IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 M PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U . S. Department of Commerce Washington , D.C . 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 51511e Avenue Bellevue, WA 98004 01090 - 4 B:tspeaficationsxOtoso Reference Standanis.doc SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland , OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago , IL 60601 SJI Steel Joint Institute 1703 Parham Road, Suite 204 Richmond , VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington , D. C . 20036 TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters Laboratories , Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 — PRODUCTS Not Applicable PART 3 — EXECUTION Not Applicable END OF SECTION i01090 - 5 BASpearications%01090 Reference Standards.doc SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. 1 . 02 RELATED REQUIREMENTS A . In other parts of the Construction Documents : 1 . Agreement between Owner and Contractor 2, General Conditions of the Contract 3 . Article 14 — Payments to Contractor and Completion B . Specified in Other Sections : 1 . Section 01000 : Summary of Work 2 , Section 01700 : Contract Closeout 1 .03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered , dated , and signed by the Contractor. B. Provide itemized data on payment application (format, schedules, line items and values accepted by 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 the date of submittal of application 2 . Fill in summary of dollar values 3 . Execute certification with the signature of a responsible officer of the contract firm 4 . Have resident project representative review and sign application prior to submission to Engineer 01152 - 1 B:1Spedfications101152 Applications for Paymentdoc 1 . 05 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 b . Description of specific material B . Submit one copy of data and cover letter for each copy of application . 1 . 06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B . Only one application will be acceptable in any one month 1 .07 SUBMITTAL PROCEDURE A . Submit Applications for Payment to Engineer at the time stipulated in the Agreement B . Number: Four copies of each progress Application ' B . When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01152 - 2 B:1SpeciricatlonsW1152 Applications for Payment.doc r SECTION 01153 PART 1 GEN CHANGE ORDER PROCEDURES -- GENERAL 1201 REQUIREMENTS INCLUDE A . Promptly implement Change Order Procedures 1 . Provide full written data required to evaluate changes . 2 . Maintain detailed records of work done on a time-and- material/force account basis . 3 . Provide full documentation to Engineer on request . B . Designate in writing the member of Contractor's organization : 1 . Who is authorized to accept changes in the Work 2 . Who is responsible for informing others in the contractor' s employ of the authorization of changes in the Work . C . Owner will designate in writing the person who is authorized to execute Change Orders . 1 .02 RELATED REQUIREMENTS rA. The amount of established unit prices. B . Conditions of the Contract: 1 . Methods of determining cost or credit to owner resulting from changes in Work made on a time-and-materials basis . 2 . Contractor's claims for additional costs . C . Section 01152 : Applications for payment. D . Section 01311 : Construction schedules . E . Section 01370 : Schedule of Values . F . Section 01720 : Project Record Documents . j1 . 03 DEFINITIONS A . Change Order: See General Conditions r 01153 - 1 %%Ginny%e%Spec3rrA9ionsV01153 Change order Prooedures.dx r C04 PRELIMINARY PROCEDURES A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following : 1 . Detailed description of the Change , Products , and location of the change in the Project. 2 . Supplementary or revised Drawings and Specifications . 3 . The projected time span for making the change , and a spec statement as to whether overtime work is , or is not, authorized . 4 . A specific period of time during which the requested price will be considered valid . 5 . Such request is for information only, and is not an instruction to execute the changes , nor to stop work in progress . B . Contractor may initiate changes by submitting a written notice to Engineer, containing : 1 . Description of the proposed changes 2 . Statement of the reason for making the changes. 3 . Statement of the effect on the Contract Sum and the Contract Time. 4 . Statement of the effect on the work of separate contractors . 5 . Documentation supporting any changes in Contract Sum or Contract Time, as appropriate. 1005 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request , Engineer may issue a "Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. B . Authorization will describe changes in the work, both additions and deletions , with attachments of revised Contract Documents to define details of the change . C . Owner and Engineer will sign and date the Work Directive Change as ' authorization for the Contractor to proceed with the Changes . 1 .06 DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal , and for each unit price which has not previously been established , with sufficient substantiating data to allow Engineer to evaluate the quotation . B . On request, provide additional data to support time and cost computation including the following : 1 . Labor required . 2 . Equipment required . 01153 - 2 BASpeditaWns101153 Change order Procedures.doc 3 . Products required : a . Recommended source of purchase and unit cost . b. Quantities required . 4 . Taxes , insurance bonds . 5 . Credit for work deleted from Contract, similarly documented . 6 . Overhead and profit . 7 . Justification for any change in Contract Time. C . Support each claim for additional costs , and for work done on a time-and- material / force account basis , with documentation as required for a lump sum proposal , plus the following additional information : 1 . Name of the Owner's authorization agent who ordered the work, and date of the order. 2 . Dates and time work performed , and by whom . 3 . Time record , summary of hours worked , and hourly rates paid . 4 . Receipts and invoices for: a . Equipment used , listing dates and times of use . b. Products used , listing quantities. C. Subcontracts . D . Document requests for substitutions for Products as specified in Section 01600 . +� 1 .07 PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. B . Form : Change Order format provided in the Contract Documents . C . Change Order will describe changes in the Work , both additions and deletions , with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time, 1 .08 LUMP SUM / FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either. 1 . Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between Owner and Contractor. 2 , Contractor's Proposal for a change , as recommended by Engineer. B . Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes . C . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . 01153 - 3 BASpeaficationsW1153 Change Omer Prooedures.doc 1 .09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on , either: 1 . Engineer definition of the scope of the required changes. 2 . Contractor's Proposal for a change , as recommended by Engineer. 3 . Survey of completed work B . The amount of the unit prices shall be : 1 . Those stated in the Agreement. 2 . Those mutually agreed upon between Owner and Contractor . C . When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1 . Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes . 2 . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . D . When quantities of the items cannot be determined prior to start of the work : 1 . Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices , and will cite the applicable unit prices . 2 . At completion of the change , Engineer will determine the cost of such work based on the unit prices and. quantities used . a . Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time . 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time, 4 . Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein . 1 .10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A. Engineer and owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time-and-material / force account basis . B . At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this section . C . Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition . 01153 - 4 B:VSpecWna60nsW1153 Change order Prooedures.doc D . Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time . E . Owner and Contractor will sign and date the Change Order to indicate their agreement therein . 1 . 11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum , B . Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time . 1 . Revise sub-schedules to show changes for other items of work affected by the changes . C . Upon completion of work under a Change Order, enter pertinent changes in Record Documents . PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable END OF SECTION 01153 - 5 B:1Specifications\01153 Change Order Prooedures.doc SECTION 01201 PRE-CONSTRUCTION CONFERENCE PART 1 -- GENERAL 1 /01 REQUIREMENTS INCLUDED A . Engineer shall schedule and administer the preconstruction conference and shall perform the following duties: 1 . Prepare agenda for meeting . 2 . Give notice of meeting three days in advance of meeting date . 3 . Make physical arrangements for meeting . 4 . Preside at meeting . 5 . Record the minutes which shall include all significant proceedings and decisions . 6 . Reproduce and distribute copies of minutes within fifteen ( 15) working days after meeting . Minutes shall be distributed to all participants in the meeting and to all parties affected by decisions made at the meeting . 1 . 02 RELATED REQUIREMENTS A. Section 01000 : Summary of Work. B . Section 01311 : Construction Schedule . C . Section 01340 : Shop Drawings , Product Data and Samples . D . Section 01720 : Project Record Documents . 1 . 03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule meeting with Contractor, Owner and other affected parties . B . Location of the preconstruction meeting : The project site or a nearby office to be selected by Owner/Engineer. C . Attendance : t1 . Owner/Owner's representative . 2 . Engineer/Engineer's representative and his professional consultant. 3 . Contractor/Contractor's superintendent. 4 . Local utilities representatives . 5 . Local government agencies representative. D . Agenda : 01201 - 1 %1Ginny%eVspedficetiormol 01 Pmcambixtion Conference.doc 1 . Record of Attendance . 2 , Project Summary Description . 3 , Local Utilities to be affected . a . Water lines b . Sewer lines C . Gas lines d . Telephone lines e . Cable TV lines f. Electric lines g . Highways h . Railroads 4 . Contractor Responsibilities : a . Start date b . Completion date C, Liquidated damages d . Contract amount e . Work schedule f. Space utilization g . Rights-of--Way occupancy h . Progress Payment Application i . As-builts (Records/Drawings) j . Photographs k. Shop drawings I . Subcontractors M , Project coordination n . Guarantee, Warranties , Maintenance Manuals 5 , Owner Responsibilities : a . Property and right-of-way purchase b . Monthly meetings C, Special meetings d . Partial and final payment e . Change Orders f. Periodic site visits g . Public announcements and public relations h . Project acceptance 6 . Engineer Responsibilities: a . Technical representative of Owner b . Interpreter of contract documents C, Periodic inspections of job progress d . Reviews partial and final payment applications e . Prepares Change Orders f. Checks and approves shop drawings g . Reviews record drawings 01201 - 2 kannyWNSpedficationM01201 Preconsbvdion Conference.doc i h . Performs final inspection and -issues certificate of completion 7 . Resident Inspector Responsibilities : a . Engineers and Owner' s representative on site b . Review materials and work and reports any deficiencies to Engineer C. Reviews applications for payment d . Works with Contractor on public notification of work items e . Attends progress meetings f. Observes testing work g . Maintains daily diary of work tasks h . Furnishes reports to Engineer as deemed advisable PART 2 - PRODUCTS Not Applicable PART 3 — EXECUTION Not Applicable END OF SECTION 01201 - 3 MGinn&%Speafic 1omV 201 PreoonshiOon Conferenoe.doc SECTION 01311 CONSTRUCTION SCHEDULES PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED A . Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub-schedules of related activities which are essential to its progress . B . Coordinate the work and scheduling with and around other contractors and individual trades performing work on the Project. C . Submit revised progress schedules with each application for payment. D . Progress Schedule shall become part of Contract Documents after approval by Engineer. 1902 RELATED REQUIREMENTS A . In other parts of the Contract Documents : 1 . General Conditions : a . Articles 2 and 6 — Schedules , Reports , and Records b . Sections 6 . 1 and 6 . 2 — Supervision by Contractor C , Article 15 — Supervision of Work, Termination , and Delay B . Specified in other sections : 1 . Section 01000 : Summary of Work 2 , Section 01201 : Preconstruction Conference 3 , Section 01340 : Shop Drawings , Product Data , and Samples 1 .03 FORM OF SCHEDULES A . Prepare schedules in the form of a horizontal bar chart as follows : r1 . Provide separate horizontal bar for each trade or operation 2 . Horizontal time scale : Identify the first work day of each week. 1 3 . Scale and spacing : To allow space for notations and future revisions. 01311 - 1 %\Ginny%"pecifications\01311 Constnx ilon Schedules.doc 4 . Minimum sheet size : 11 " x 17 " B . Format of listings : The chronological order of the start of each item of work. C . Identification of listings : By major specification section numbers . 1904 CONTENT OF SCHEDULES A . Construction Progress Schedule shall : 1 . Show the complete sequence of construction by activity . 2 . Show the dates for the beginning and completion of each major element of construction ; specifically list: a . Subcontractor work b . Utility construction C. Restoration 3 . Show projected percentage of completion for each item , as of the first day of each month . 1 .05 PROGRESS REVISIONS A . Indicate progress of each activity to date of submission B . Show changes occurring since previous submission of Schedule : 1 . Major changes in scope . 2 . Activities modified since previous submission . 3 . Revised projections of progress and completion . 4 . Other identifiable changes . C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended , and its effect. 3 . The effect of changes on schedules of other prime contractors . 1 .06 SUBMISSIONS A. Submit initial schedules within ten ( 10) days after award of Contract; Engineer will review schedules for information only . B . Submit revised progress schedules with each application for payment. 01311 - 2 \1Ginny%elSpedfiicationM01311 Constw ion Schedules .doc C . Submit the number of opaque reproductions which the Contractor requires, plus two (2) additional copies ; one for Owner and one for Engineer. 1 .06 DISTRIBUTION A. Distribute copies of approved schedules to : 1 . Job site file 2 . Subcontractors 3 . 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 Applicable PART 3 - EXECUTION Not Applicable END OF SECTION ' 01311 - 3 1Ginny%e%Specir9ions101311 Construdon Schedules.doc SECTION 01340 SHOP DRAWINGS , PRODUCT DATA AND SAMPLES PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED A . Submit Shop Drawings , Product Data , Samples and Certificates required by the Contract Documents . B . Review and approval by Contractor of submitted material . 1 .02 RELATED REQUIREMENTS A. In other parts of the Contract Documents : 1 . Definitions and Additional Responsibilities of Parties: a . General Conditions of the Contract ( 1 ) Sections 6 .23 — 6 . 28 : Shop Drawings B . Specked in other sections : 1 . Section 01311 : Construction Schedules . 2 , Section 01720 : Record Documents C . Designate in the construction schedule , or in separate coordinated schedule , the dates for the submission and the dates that reviewed Shop Drawings , Product Data and Samples will be needed . 1 . 03 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner. M 1 . Details shall be identified by reference to sheet and detail of schedule shown on Contract Drawings , B . Minimum sheet size : Manufacturer' s standard ; adequate to clearly illustrate . 01340 - 1 MGM ny%e%Speciricadions101340 Shop Drawings, Product Data and Samples .doc i 1 .04 PRODUCT DATA A. Preparation : 1 . Clearly mark each copy to identify applicable products , models, options , and other data . 2 . Show performance characteristics and capacities . 3 . Show dimensions and clearances required . �. 4 . Show wiring or piping diagrams and controls . B . Manufacturer' s standard schematic drawings and diagrams: 1 . Modify drawings and diagrams to delete information which is not applicable to the work. 2 . Supplement standard information to provide information specifically applicable to the work. 3 . Include manufacturer's installation instructions when required by the Specifications Section . 1 .05 SAMPLES A . Office Samples : Limit to items requiring color, pattern and similar selections and shall be sufficient size and quantity to clearly illustrate: 1 . Full range of color, texture and pattern 2 . Submit samples for selection of finishes within sixty (60) days after date of Agreement, or when directed by Engineer. B . Field Samples and Mock-ups : 1 . Functional characteristics of the product, with integrally- related parts and attachment devices . 2 . Contractor shall erect, at the Project Site, at a location acceptable to the Engineer 3 ' . Size of Area : that specified in the respective specification section . 4 . Fabricate each sample and mockup complete and finished . 5 . Include identification on each sample , giving full information . 6 . Remove samples at conclusion of Work , or when acceptable to the Engineer. 01340 - 2 % GinnylelSpedric 0onsW1340 Shop Drawings, Product Data and Samples .doc 1 . 06 MANUFACTURER'S CERTIFICATES A. Submit Certificates, in duplicate , in accordance with requirements of each specification section . 1 . 07 CONTRACTOR RESPONSIBILITIES A . Review Shop Drawings , Product Data and samples prior to submission . B . Determine and verify : 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data 4 . Conformance with specifications C . Coordinate each submittal with requirements of the work and of the Contract Documents . D . Notify the Engineer in writing at the time of submission of ANY AND ALL DEVIATIONS in the submittals from requirements of the Contract Documents . All of the Contractor' s comments and notations shall be in red ink. E . Begin no fabrication of work which requires submittals until return of submittals with Engineer's approval . M1 .08 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule , and in such sequence as to cause no delay in the work of any i` other Contractor. B . Number of submittals required : 1 . Shop Drawings: Submit the number of opaque reproductions which the contractor requires , plus four (4) copies which will be retained by the Engineer. 2 , Product Data : Submit the number of copies which the Contractor requires , plus four (4) which will be retained by the Engineer. 3 . Samples: Submit the number stated in each specification section . C . Submittals shall contain : 1 . The date of submission and the dates of any previous submissions . 2 . The project title and number 01340 - 3 %zinnyleNSpecirications\01340 Shop Drawings, Product Data and Samples .doc i ' 3 . Contract identification 4 . The name of: a . Contractor b . Supplier C. Manufacturer 5 . Identification of the project , with specification section number. 6 . Field dimensions , clearly identified as such . 7 . Relation to adjacent or critical features of the Work or materials . 8 . Applicable standards , such as ASTM or Federal Specification numbers . 9 . Identification of deviations from Contract Documents 10 . Identification of revisions on resubmittals . 11 . An 8 ° x 3 " blank space for Contractor and Engineer stamps 12 . Contractor's stamp or review and approval , initialed or signed , certifying to review of initialed or signed , certifying to review of submittal , verification of products , field �. measurements and field construction criteria , and coordination of the information within the submittal with requirements of the work and of Contract Documents . ' 1 .09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved . B . Shop Drawings and Product Data : 1 . Revise initial drawings or data , and resubmit as specified for initial submittal . 2 . Indicate any changes which have been made other than those requested by the Engineer. C . Samples : Submit new samples as required for initial submittal . . 1 . 10 DISTRIBUTION A. Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer's stamp or review to : 1 . Job site file . 2 . Record Documents file . 3 . Other affected contractors 4 . Subcontractors 5 . Supplier or fabricator B . Distribute samples which cant' the Engineer's stamp of approval as directed by the Engineer. ' 01340 - 4 NGtnnyle%Specifications\01340 Shop Drawings, Product Data and Samples.doc i 1 1 . 11 ENGINEER' S DUTIES A . Review submittals with reasonable promptness and in accordance with schedule . ' B . Affix stamp and initials / signature , and indicate requirements for resubmittal , or review without comments of submittal . All of Engineer's comments shall be made in green ink. C . Return submittals to Contractor for distribution , or for resubmission . PART 2 - PRODUCTS Not Applicable PART 3 — EXECUTION Not Applicable END OF SECTION 01340 - 5 Winnyle%Specificationsk01340 Shop Drawings, Product Data and Samples .doc SECTION 01381 AUDIO -VISUAL DOCUMENTATION PART 1 -- GENERAL ' 1 . 01 DESCRIPTION OF WORK Prior to commencing the Work, the Contractor shall have a continuous color audio-video tape recording taken along the entire length of the Project to serve as a record of preconstruction conditions . The preconstruction swale elevations shall be recorded at 100 ' intervals . 1 . 02 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a videotape not conforming to ' specifications and order that it be redone at no additional charge . The Contractor shall reschedule unacceptable coverage within five (5) days after being notified . The Engineer shall designate those areas , if any , to be omitted from or added to the audio-video coverage . Tape recordings shall not be made more than thirty (30) days prior to beginning of construction in any area . All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner as soon as ' possible after recording . 1 . 03 QUALITY ASSURANCE ' The Contractor shall engage the services of a professional electrographer. The color audio-video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio-video tape documentation . PART 2 — PRODUCTS . 2 .01 GENERAL All equipment, accessories , materials , and labor to perform this service shall be furnished by the Contractor. 2 .02 QUALITY The total audio-video system shall reproduce bright, sharp , clear pictures with accurate colors and shall have minimal distortion , tearing , rolls , or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions . ' 01381 - 1 UGinny%e\Spec fications\01381 Audio-Visual Documentation.doc 2 .03 CAMERA ' The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45dB , and a minimum illumination requirement of 25 foot candles . 2 .04 TAPES ' Audio-video tapes shall be new. Reprocessed tapes will not be acceptable . The tapes shall be one-half inch , high energy, extended still frame capable videocassette , shall be interchangeable with the color ' videocassette player, and shall be compatible for playback with the player-receiver. PART 3 -- EXECUTION 3 .01 VIDEOTAPING PROCEDURES ' A. Each tape shall begin with the current date , project name , and municipality, and be followed by the general location ; i . e. , name of street, house address, viewing side , and direction of progress . ' The audio track shall consist of an original live recording . The recording shall contain the narrative commentary . ' B . All video recordings must, by electronic means , display continuously and simultaneously generate , with the actual taping , transparent digital information to include the date and time of ' recording , and station numbers, if shown on the Drawings . The date information shall contain the month , day , and year. The time information shall contain the hour, minute , and second . Additional ' information shall be displayed periodically . Such information shall include , but not be limited to, project name , contract number, name of street, house address , direction of travel , and the viewing side . The transparent information shall appear on the screen . ' C . All taping shall be done during times of good visibility . No taping shall be done during precipitation , mist, or fog . The recording ' shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects . ' D . The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute . Panning , ' zoom-in , and zoom-0ut rates shall be sufficiently controlled to maintain a clear view of the object. ' 01381 - 2 %NGinny%eXSpeciricationM01381 Audio-visual Documentation.doc E . Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio ' coverage . Such coverage shall include , but not be limited to , existing driveways , sidewalks , curbs , pavements , ditches , mailboxes , landscaping , culverts , fences , signs , and headwalls ' within the area covered . F . When conventional wheeled vehicles are used , the distance from ' the camera lens to the ground shall not be more than twelve ( 12 ) feet. In some instances , audio-video tape coverage may be required in areas not accessible by conventional wheeled ' vehicles . Such coverage shall be obtained by walking or special conveyance approved by the Engineer. ' END OF SECTION h 01381 - 3 NGinny%"pecifrAions101381 Audio-Visual Documentation.doc ' SECTION 01410 ' TESTING LABORATORY SERVICES PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED A . Owner may employ and pay for the services of an independent ' testing laboratory to perform certain specified testing in addition to what is called for in the Contract Documents. Owner shall pay for all additional testing . ' 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. B . Contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing . All testing described in the contract Documents shall be paid for by the ' Contractor. 1 .02 RELATED REQUIREMENTS A. General 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 . ' 1 .03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification , " published by American Council of Independent Laboratories, B . Meet basic requirements of ASTM E329 , "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction . " ' C . Authorized to operate in the State in which the Project is located . ' D . Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of Inspection , with memorandum of remedies of any deficiencies reported by the inspection . ' 01410 - 1 %r.4nnyle%Specif Aions101410 Testing laboratory Servim .doc E . Testing Equipment: ' 1 . Calibrated at reasonable intervals by devices of accuracy traceable to either: a . National Bureau of Standards b . Accepted values of national physical constants . ' 1 .04 LABORATORY DUTIES A . Cooperate with Engineer and Contractor; provide qualified personnel after due notice . B . Perform specified inspections, sampling , and testing of materials and methods of construction : 1 . Comply with specified standards 2 . Ascertain compliance of materials with requirements of ' Contract Documents. C . Promptly notify Engineer and Contractor of observed irregularities ' or deficiencies of work or products . D . Promptly submit written report of each test and inspection ; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File . Each report shall include : 1 . Date issued 2 . Project title and number 3 . Testing laboratory name , address , and telephone number 4 . Name and signature of laboratory inspector ' S . Date and time of sampling or inspection 6 . Record of temperature and weather conditions 7 . Date of test 8 . Identification of product and specification section Wo 9 . Location of sample or test in the Project 10 . Type of inspection or test ' 11 . Results of tests and compliance with Contract Documents 12 . Interpretation of test results , when requested by Engineer ' E . Perform additional tests as required by Engineer or the Owner 1 .05 LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory in not authorized to : 1 . Release , revoke , alter, or enlarge on requirements of ' Contract Documents 2 . Approve or accept any portion of the work 3 . Perform any duties of the Contractor ' 01410 - 2 MGinny%eZpecftationsV01410 Testing Laboratory Services.doc 1 .06 CONTRACTORS RESPONSIBILITIES ' A . Cooperate with laboratory personnel , and provide access to work and to manufacturer' s facilities . ' 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 material mixes which require ' control by the testing laboratory . D . Furnish copies of product test reports as required . 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 , in advance of operations to allow for laboratory assignments of personnel and scheduling of tests . PART 2 - PRODUCTS ' Not applicable ' PART 3 — EXECUTION Not applicable ' ENDECTI O F N S O ' 01410 - 3 \Winny%e\SpecftationM01410 Testing Laboratory Services .dx 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 entire project. B . Provide temperature , ventilation , and lighting requirements , if applicable , as specified in each individual section . 1 .02 RELATED REQUIREMENTS ' Section 01000 : 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 . ' PART 2 -- PRODUCTS 2 .01 MATERIALS (GENERAL ) ' Materials may be new or used , but must be adequate in capacity for the required usage . They MUST NOT create unsafe conditions , and MUST ' NOT violate requirements of applicable codes and standards . 202 TEMPORARY ELECTRICITY AND LIGHTING A. The Contractor must maintain power to all existing buildings and • • areas. B . The Contractor is responsible for providing and paying for all power required for his operations . Contractor shall make arrangements with Owner for temporary power. ' C . Contractor is responsible for arranging power for his office trailers(s) , power tools, etc. , at his own expense . The Contractor shall pay the costs of all power used . ' 01510 - 1 UGinny%e%Speafications\01510 Temporary Utilities.doc D . Provide POWER CENTERS for miscellaneous tools and equipment used in the work: 1 . Weatherproof distribution box with minimum of four 20- amp . , 120-volt grounded outlets . 2 . Locate so that power is available at any point of use with minimum 100-foot CONSTRUCTION-TYPE power cords . 3 . Provide circuit breaker protection for each outlet. E . Provide adequate artificial lighting for all areas of work, when natural light is not adequate for work, and for areas accessible to ' persons other than Contractor' s employees . F . If Contractor requires service other than specified above , he shall arrange for, provide maintenance , and pay all costs incurred . 2 .03 TEMPORARY WATER Contractor shall make arrangements with Owner for all temporary water at the project site . Contractor shall pay for all temporary water required for his operations. ' 2 .04 TEMPORARY SANITARY FACILITIES A. Contractor shall provide temporary sanitary facilities in compliance with laws and regulations . B . Contractor shall provide for regular service , cleaning , and maintenance of temporary facilities and enclosures . PART 3 -- EXECUTION ' 3 .01 GENERAL ' A. Comply with applicable requirements specified in Section 02670 — Submersible Wastewater Pumping Station , as well as state and local codes . B . Maintain and operate systems to ensure continuous service . 01510 - 2 ' %%Ginny%e&Specifications\01510 Temporary Wiities .doc 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 existing facilities used for temporary services to specified , or to original , condition . END OF SECTION r r 01510 - 3 ' \\G1nny\e\Speafications\01510 Temporary Wities. doc SECTION 01560 TEMPORARY CONTROLS PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Furnish , install , and maintain temporary control facilities required for construction ; remove on completion of entire project any features not intended to remain on the project site . B . Provide noise control , dust control , water control , debris control , pollution control and erosion control as specked in the appropriate sections of these documents . ' 1 .02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal , state , and local codes and regulations and utility company requirements . B . Comply with Department of Transportation requirements . PART 2 -- PRODUCTS ' 2 .01 MATERIALS (GENERAL ) A. Materials may be new or used , but must be adequate in capacity ' and quality for the required usage , MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards . 2 .02 TEMPORARY NOISE CONTROL A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines . N B . Bells , sirens , alarms , etc. , shall be adjusted to provide adequate warnings to personnel on the project site ; however, they shall be regulated to an intensity that is amenable to the neighboring communities . C . Exterior construction work noises shall be kept to a minimum during evening , night, and early morning hours . In addition , weekend and holiday noises shall be limited to acceptable levels . D . In addition to on-site control , noise considerations shall be made to off-site vehicles and equipment (mobilization , demobilization , deliveries, etc. ) . ' 01560 - 1 \\Ginny\e\Specifica1Jons\01560 Temporary Gontrols.doc 203 TEMPORARY DUST CONTROL Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control . 204 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items ; however, it shall be diverted and channeled to effectively leave the site as soon as possible . Puddling and ponding on the site is not permitted . B . Water shall be controlled such that it does not enter excavated areas, nor is deposited on or against constructed features . 2 .05 TEMPORARY DEBRIS CONTROL A . Provision shall be made by each Contractor to have available adequate containers to hold any and all debris that is to be generated from the project . Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site . B . Instructions shall be given to personnel to utilize the trash containers . Containers shall be placed in convenient places at the site . C . At least once per week, a thorough cleaning of trash and debris ' shall be made at the construction site. An acceptable method of disposal shall be employed . END OF SECTION ' 01560 - 2 \\Ginnyle\Spec1fications\01560 Temporary Controls.doc SECTION 01600 MATERIAL AND EQUIPMENT PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Products B . Workmanship C . Manufacturers Instructions D . Transportation and Handling E . Storage and Protection F . Substitutions and Product Options 1 . 02 RELATED REQUIREMENTS A. Section 01000 : Summary of Work — Provisions and performance of work under the Contract. B . Section 01090 : Reference Standards — Provision and identification of publication sources for referenced standards . C . Section 01340 : Shop Drawings , Product Data and Samples — Submittal of manufacturers drawings , descriptive literature , samples and certificates . D . Section 01710 : Cleaning — Manufacturers recommendation and procedures for cleaning . E . Section 01740 : Warranties and Bonds — Form and time of submission . 1 .03 PRODUCTS A. Products include material , equipment and systems . B . Comply with specifications and referenced standards as minimum . C . Manufactured and fabricated components required to be supplied in quantity with a Specification section shall be the same , and shall be interchangeable . ' 01600 - 1 %\Ginny%"pecftationM01600 Material and Equipment.doc D . Whenjroect is alteration and additional work , DO NOT use P materials and equipment removed from existing structure , except ' as specifically allowed by notation or indication by Contract Documents . 1 . 04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship . B . Perform work by persons qualified to produce workmanship of specified quality . C . Secure products in place with positive anchorage devises designed and sized to withstand stresses, vibration , and rocking . 1905 MANUFACTURER'S INSTRUCTIONS ' A. When work is specified to comply with manufacturer's printed instructions , obtain and distribute copies to persons involved , and maintain one set at job site in field office . B . Perform work in accordance with manufacturer's instructions and specified requirements . C . Should a conflict exist between Specifications and manufacturer' s instructions , consult with Engineer. 1 .06 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules ; coordinate to avoid delay of progress , conflict with work and with conditions at the site . B . Transport products by methods to avoid product damage ; deliver in undamaged condition in manufacturer's unopened containers or packaging , dry . C . Provide equipment and personnel to handle product by methods to prevent soiling or damage . D . Promptly inspect shipments to assure that products comply with requirements , quantities are correct and products are undamaged . 01600 - 2 ' %�Glnny%eZpec ftatiorkM01600 Material and Equipment.doc i 1 .07 STORAGE AND PROTECTION A . Store products in accordance with manufacturer's instructions , with seals and labels intact and legible . B . Store sensitive products in weather-tight enclosures ; maintain within temperatures and humidity ranges recommended/required by manufacturer' s instructions. C . For exterior storage of fabricated products , place on sloped supports above ground . Cover products subject to deterioration with impervious sheet covering ; provide ventilation to avoid condensation . D . Store loose granular materials on solid surfaces in a well-drained area ; prevent mixing with foreign matter. E . Arrange storage to provide access for inspection . Periodically ' inspect to assure products are undamaged , and are maintained under required conditions . F . After installation , provide coverings to protect products from damage from traffic and construction operations , remove when no longer needed . 1 .08 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major products proposed , with name of manufacturer, trade name and model . B . Options : 1 . Products specified only be reference standard : Any product meeting that standard . • . 2 . Product specked by naming several manufacturers : Product of any named manufacturer meeting specifications . 3 . Products specified by naming one or more manufacturers and "or equal" : Submit a request for substitution for any manufacturer not specifically named . 1 .09 SUBSTITUTIONS A. Only within 30 days after date of Contract will Engineer consider requests from Contractor for substitutions . Subsequently , substitutions will be considered only when a product becomes unavailable due to no fault of the Contractor. 01600 - 3 %%Ginnyle%SpecftationsVl600 Material and Equipment.doc B . Document each request with complete data , drawings and samples as appropriate , substantiating compliance of proposed substitution with Contract Documents including : 1 . Comparison of the qualities of the proposed substitution with the specified . 2 . Changes required in other elements of the work because of the substitution . 3 . Effect on the construction schedule . 4 . Cost data comparing the proposed substitution with the product specified . 5 . Any required license fees or royalties 6 . Availability of maintenance service , and the source replacement materials . C . Request constitutes a representation that Contractor: 1 . Has investigated proposed product and determined that it meets or exceeds, in all respects , specified product . 2 . Will provide the same warranty for substitution as for specified product. 3 . Will coordinate installation and make other changes which may be required for work to be complete in all respects . 4 . Waives claims for additional costs which may subsequently become apparent. D . Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents . E . Engineer will review to determine acceptability of proposed substitution , and will notify Contractor of acceptance or rejection in writing within a reasonable time . PART 2 — PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01600 - 4 %\Ginny%e\SpecificationM01600 Material and Equipment.doc SECTION 01700 CONTRACT CLOSEOUT PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED A . Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B . Related requirements in other parts of the Contract Documents : 1 . Fiscal provisions, legal submittals , and additional administrative requirements ; General Conditions of the Documents : a . Paragraph 6 . 19 — Record Documents b . Paragraph 14 . 11 — Final Inspection C . Paragraph 14 . 8 — Substantial Completion d . Paragraph 14 . 12 — Application for Final Payment e . Paragraph 14 . 13 — Final Payment and Acceptance f. Paragraph 13 . 1 — Guarantee of Work C . Related requirements specified in other sections : 1 . Section 01710 : Cleaning 2 , Section 01720 : Project Record Documents 3 . Section 01740 : Warranties and Bonds 1 .02 SUBSTANTIAL COMPLETION A. When Contractor considers his work is substantially complete , he shall submit to Engineer: 1 . A written notice that the work, or designated portion thereof, is substantially complete . 2 . A list of items to be completed or corrected . B . Within a reasonable time after receipt of such notice , Engineer will make an inspection to determine the status of completion . C . Should Engineer determine that the work is not substantially complete : r1 . Engineer will promptly notify the Contractor, in writing , giving the reasons . 2 . Contractor shall remedy the deficiencies in the work, and shall send a second written notice of substantial completion to Engineer 3 . Engineer will re-inspect the work 01700 - 1 AGinnyN"pecifications101700 Contract Gose-out.doc D . When Engineer concurs that the work is substantially complete , he will : 1 . Prepare a Certificate of Substantial Completion , accompanied by a list of items to be completed or corrected 2 . Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate . 1 . 03 FINAL INSPECTION A. When Contractor considers the work is complete , he shall submit written certification that : 1 . Contract Documents have been reviewed 2 . Work has been inspected for compliance with Contract Documents 3 . Work has been completed in accordance with Contract Documents 4 . Equipment and systems have been tested in the presence of the Owner's representative and are operational 5 . Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730 6 . Work is completed and ready for final inspection B . Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification . C . Should Engineer consider that the work is incomplete or defective : 1 . Engineer will promptly notify the Contractor, in writing , listing the incomplete or defective work. 2 . Contractor shall take immediate steps to remedy the stated deficiencies , and send a second written certification to Engineer that the work is complete . 3 . Engineer will re-inspect the work D . When Engineer finds that the work is acceptable under the Contract Documents , he shall request the Contractor to make closeout submittals . 1 .04 RE-INSPECTION FEES Should the Engineer perform reinspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services . 01700 - 2 WinnyWSpeciftdlonM01700 Conbvd Gose-ot t.doc i 1 .05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction , more than thirty days after the specked Date of Substantial Completion of the work, Contractor will compensate Engineer for such additional services . 1906 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Evidence of compliance with requirements of governing authorities: Certificate of Occupancy B . Project Record Documents: To requirements of Section 01720 C . Operating and Maintenance Data : Instructions to Owner' s personnel conforming to requirements of Section 01730 D . Warranties and Bonds : To requirements of Section 01740 ; also , see Item H below E . Spare Parts and Maintenance Materials : To requirements of each specification section F . Evidence of Payment and Release of Liens : To requirements of General and Supplementary Conditions G . Certificate of Insurance for Products and Completed Operations H . One ( 1 ) Year Maintenance Bond I . Certificate of Operation from equipment manufacturers 1 .07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Engineer B . Statement shall reflect all adjustments to the Contract Sum : 1 . The original Contract Sum 2 . Additions and deductions resulting from : a . Previous change orders b . Allowances C , Unit prices d . Deductions for uncorrected work e . Deductions for liquidated damages f. Deductions for re-inspection payments g . Other adjustments 01700 - 3 MGinny%e%SpecftetioW01700 Conbvd Gose-out.doc 3 . Total Contract sum , as adjusted 4 . Previous payments 5 . Sum remaining due C . Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order. 1 .08 FINAL APPLICATION FOR PAYMENT A . Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01700 - 4 MGinnyle%Spec1rrAionsV700 Contract Close-out.doc SECTION 01710 CLEANING PART 1 -- GENERAL 1201 REQUIREMENTS INCLUDED Execute cleaning , during progress of the work , and at completion of the work , as required by General conditions . 1 . 02 DISPOSAL REQUIREMENTS 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 finishes and 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. aPART 3 -- EXECUTION 3 . 01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site , and adjacent properties free from accumulation of waste materials , rubbish , and windblown debris resulting from construction operations . • B . Dispose of waste materials , cartons , crating , debris , and rubbish at designated waste receptacles . C . Contractor shall maintain a broom-cleaned site during the entire construction phase. D . For exterior utility work (such as underground pipelines , roadways , service areas, etc. ) , these shall be cleaned daily . Not less frequently than ionce weekly . Roadways shall be mechanically broomed . 01710 - 1 Winny%"pecirrodionMOMO Cleaning.doc 3 . 02 DUST CONTROL A . General Contractor shall broom-clean interior spaces prior to the start of completing painting and continue cleaning on an as-needed basis until painting is finished . B . Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly-coated surfaces . 3 .03 FINAL CLEANING A . Remove grease , mastic , adhesives , dust , dirt , stains , fingerprints , labels , and other foreign materials . B . Contractor shall broom-clean paved surface ; rake-clean other surfaces of the grounds . C . Prior to final completion , Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean . END OF SECTION 01710 - 2 1Ginny%MSpedficai:ions101710 Creaning.doc SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Contractor shall maintain at the site for the Owner one record copy of the following : 1 . Drawings 2 . Specifications 3 . Addenda 4 . Change orders and other modifications to the Contract 5 . Engineer field orders or written instructions 6 . Approved shop drawings , product data , and samples 7 . Field test records B . Related requirements in the other parts of the Contract Documents: General Conditions of the Contract; Section 2 — Schedules , Reports and Records C . Related requirements specified in other sections : Section 01340 : Shop Drawings , Product Data and Samples 1 .02 MAINTENANCE OF DOCUMENTS AND SAMPLES A . Contractor shall store documents and samples in the field office apart from documents used for construction . 1 . Provide files and racks for storage of documents . 2 . Provide locked cabinet or secure storage space for storage of samples. B . File documents and samples in accordance with Specifications — Table of Contents . 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 Engineer. 01720 - 1 %%GinnyWSpecificat19r*X01720 Project Record Documents.doc 1 . 03 MARKING DEVICES A . Provide felt tip marking pens for recording information in the color red . 1 . 04 RECORDING (SEE ALSO SPECIAL CONDITIONS ) A . Label each document " PROJECT RECORD" in neat large printed letters . B . Record information concurrently with construction progress . DO NOT conceal or backfill any work until required information is recorded . C . Drawings : Legibly mark to record actual construction : 1 . Depths of various elements of construction in relation to N . G .V. D . 1929 . 2 . Horizontal and vertical locations of underground utilities and appurtenances , referenced to permanent surface improvements . 3 . Location of internal utilities and appurtenances concealed in the construction , referenced to visible and accessible features of the structure . 4 . Field changes of dimension and detail 5 . Changes made by field order or by change order. 6 . Details not on original contract drawings . 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. 1 .05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the Owner B . Accompany submittal with transmittal letter in duplicate , containing : 1 . Date 2 . Project title and number 3 . Contractor' s name and address 4 . Title and number of each Record Document 5 . Signature of Contractor or his authorized representative 01720 - 2 Winnyle%.SpecificationM01720 Project Record Documents.doc 1 .06 AS -BUILT SURVEYS A. CONTROL INFORMATION FOR AS-BUILT UTILITY SURVEY WORK 1 . All as-built drawings shall state in 1 " lettering "AS-BUILT RECORD SURVEY" located in the bottom right hand side of the drawing original and/or copies , along with the as-built date . 2 . All as-built surveys shall meet the minimum requirements of the Chapter 61G17 , Florida Administrative Code Pursuant to Section 472 of the Florida Statutes . All surveys shall be based on a minimum horizontal control Third Order, "Class 2 . " 3 . All state plane coordinates shall be based on the Florida State Plane Horizontal Data (East Zone) ; Florida High Precision Geodetic Network (Superstation ) and NAD 83/1990 — final adjustment. 4 . State plane coordinates shall be physically tied to a minimum of two known state plane coordinate benchmarks that utilize number 3 above . State plane coordinates shall be shown on survey at benchmarks used . 5 . All elevations shown shall be based on 1929 NGVD . 6 . All incoming as-built survey AUTOCADD drawing files shall be received on 3 . 5" diskette and in state plane coordinates . (NOTE : Prior to submitting the 3 . 5 " AUTOCADD diskette , three (3) copies of each survey shall be submitted for review and approval . After all approvals , a signed and sealed Mylar reproducible along with two (2) signed and sealed copies of each . survey shall be submitted . 7 . All as-built survey drawings shall be tied to a minimum of one permanent reference monument (P . R . M . ) every 1400 feet if available , and tied to a minimum of two section comers or one section comer and one '/ section comer, which ever is closest to the project. 8 . All as-built survey drawings shall be calculated in a Cogo package for future G . I . S . Information , The Cogo used shall meet the Cogo requirements set forth by the Department of Utility Services. 9 . All as-built surveys shall include a minimum of two (2) existing or established benchmarks for vertical control every 1 ,400 feet and shown on all surveys . 10 . Horizontal Control Monumentation (if required) for utility lines shall be a minimum of two (2) points at a maximum of 1 ,400 feet between points and shown on all surveys. 11 . All utility as-built construction located within the right-of-ways , easements and alike shall be tied to the respective right-of-ways, easements , etc. , every 1 ,000 feet and change of direction . 01720 - 3 %\Ginny\e\SpecftAiortM01720 Project Record Docurraft.doc 12 . All Utility As-built construction located withing one mile of the Indian River County Global Positioning System (G . P . S . ) control project shall be tied from that nearest G . P . S . point and into the closest construction site Permanent Reference Monument (P . R . M . ) , if available . This does not eliminate Item No . 7 above . 13 . All as-builts shall clearly depict as-built utility lines that were constructed along with all easements . As-builts will not be accepted unless the verbiage " PROPOSED" and/or "TO BE CONSTRUCTED" have been revised to read "AS-BUILT . " Construction drawings with construction terminology will not be accepted . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01720 - 4 %1GinnyWpecificatiorrM01720 Project Record Documents.doc SECTION 01740 WARRANTIES AND BONDS PART 1 -- GENERAL 1901 REQUIREMENTS INCLUDED A . Compile specified warranties and bonds . B . Compile specified service and maintenance contracts . C . Co-execute submittal when so specified . D . Review submittals to verify compliance with Contract Documents E . Submit to Engineer for review and transmittal to Owner 1 . 02 RELATED REQUIREMENTS A . In other parts of the Contract Documents : 1 . Instructional to Bidders : Bid or Proposal Bonds 2 . General Conditional of Contract: I a . Performance Bond and Labor and Material Payment Bond b . General Warranty of Construction . B . Specified in other sections : 1 . Section 01700 : Contract Closeout 2 . Each respective section of Specifications shall have Warranties and Bonds required for specific products . 3 . Provisions of Warranties and Bonds , Duration : The respective section of specification which specifies the product. - 4 .03 SUBMITTAL REQUIREMENTS A . Assemble warranties , bonds and service and maintenance contracts , executed by each of the respective manufacturers , suppliers and subcontractors . 01740 - 1 NG1nnyW0pecWrat1onsV740 Warranties and Bonds.doc B . Number of original signed copies requires: Two each . C . Table of Contents: Neatly typed , in orderly sequence . Provide complete information for each item . 1 . Product or work item 2 . Firm , with name of principal , address , and telephone number. 3 . Scope . 4 . Date of beginning of warranty, bond or service and maintenance contract . 5 . Duration of warranty, bond or service maintenance contract. 6 . Provide information for Owner's personnel : a . Proper procedure in case of failure b . Instances which might affect the validity of warranty bonds . 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 " X 11 " punched sheets for 3-ring binder a . Fold larger sheets to fit into binders 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-ring , with durable and cleanable plastic cover. 1 . 05 TIME OF SUBMITTALS A. Make submittals within ten days after Date of Substantial Completion , prior to final request for payment. B . For items of work , where acceptance is delayed materially beyond the Date of Substantial Completion , provide updated submittal within ten days after acceptance , listing the date of acceptance as the start of the warranty period . 01740 - 2 MinnyN"pecirrA tionM01740 Warranties and Bonds.doc 1 . 06 SUBMITTALS REQUIRED A . Submit warranties , bonds , and service and maintenance contracts as specified in the respective sections of Specifications, as appropriate . PART 2 -- PRODUCTS Not applicable 1 PART 3 -- EXECUTIVE Not applicable END OF SECTION 01740 - 3 MGinny%eZpecifrAdionM01740 Warranties and Bonds.doc 1 1 1 f 1 1 1 maonn ails 1 Z NOISIAI4 � DIVISION 2 SUPPLEMENTARY SPECIFICATIONS SECTION 2 . 1 . 1 . Mobilization Description Mobilization shall consist of initiating the Contract, and may include such portions of the following as are required at the beginning of the Project: setting up the Contractor's general plant, offices, shops, storage areas, sanitary and other facilities as required by the specifications, by Local or State Law, or by regulation; providing access to the project site; obtaining necessary permits and licenses and payment of fees; protecting existing utilities; lighting work areas , providing working drawings; sampling and testing of materials and providing required insurance and bonds. Materials Such materials as are required that are not to be part of the completed contract shall be determined by the Contractor. Methods of Construction All work done in providing the facilities and services under this item shall be done in a safe and workmanlike manner. The lump sum price bid for Mobilization is limited to the following maximum amounts : IWOv � '#.)' �J���j' �� ¢a �V r1LN��TR V h a �Y T� �F , % s .: r iv1, iti „A c �r i 1+.7. H'.' ,f �ca+-�„ s:.. k dl QOM V1�1J' ,Yt� t .� � e$: 0 1009000 3 ,000 100,000 5009000 15,000 500,000 190009000 30,000 10009000 21o000,000 60,000 290001,000 390009000 90,000 390009000 4,000,000 1209000 4900009000 51000,000 1259000 5 ,0009000 6,000,000 150,000 69000,000 790009000 175 ,000 790009000 10,0001000 200,000 10,000,000 -------- 2509,000 1 2. 1 . 1 . Mobilization (Cont' dl Should the Lump Sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. 2. 1 .2 . Clearing Site Description: Clearing site shall consist of the work of clearing the site of the project within the limits specified, including the removal and resetting of street and road signs, mail boxes, bushes and shrubs, resetting fences, removal of trees, grubbing and removal of all other material or obstruction necessary for the proper construction of the Project. Materials No materials are involved. Method of Construction The site of the project shall be cleared within the limits of construction including the removal of all trees, brush, weeds, roots, stumps, matted leaves, small structures, debris, and other unsuitable matter, except as otherwise hereinafter provided or as noted on the Contract Plans. Trees, shrubs, and other landscape features within the limits of construction which do not interfere with the Project and are shown on the plans or designated by the Engineer for preservation shall not be removed, but shall be protected during the progress of the work in a manner satisfactory to the Engineer and shall be trimmed of overhanging branches at the direction to the Engineer. All dead trees and those which die during the life of the Contract remaining after clearing site shall be removed. Such removals shall be part of the work included in site clearing. In performance of clearing site, the Contractor shall be responsible for the preservation of all public and private property, existing trees, plants and other vegetation that are to remain within or adjacent to the project and shall use every precaution necessary to prevent damage or injury thereto . The Contractor shall repair all injuries to bark, trunk, limbs and roots of remaining plants by properly dressing, cutting, tracing and painting, using only approved tree surgery methods, tools and material, and shall replace to their original condition by approved seeding methods and materials, all grass areas beyond the limits of construction which have been damaged by his work. The Contractor shall not remove, cut, injure or destroy trees or shrubs ' outside the limits of construction without authority of the Engineer. 2 ' 2. 1 .2. Clearing Site Method of Construction (,Cont'd) When or where andirect or indirect damage or injury is done to public or private ro b or Y g Jm'3' P P P perty Y on account of any act, omission, neglect or misconduct, on the part of the Contractor in the execution of the work, such property shall be restored by the Contractor, at his expense, to a condition equal to that existing before such damage or injury was done, or he shall make good such damage or injury in such other manner as may be acceptable to the Engineer. ' R.F.D . mail boxes shall be removed carefullyand shall be reset at the x exact locations approved ' by the Owners and by the Engineer so as to be accessible to the postal carrier without having to leave the truck. ' Street and road signs which were removed shall be carefully reset at the exact location and in the manner required by the public authorities having jurisdiction thereof Prior to acceptance of the Project, all materials and debris accumulated shall be removed from the site of the Project and shall be disposed of by the Contractor as herein before specified. The ground surface shall be graded, if necessary, to eliminate water pockets and the entire site of the ' Project shall be cleaned up and left in a condition satisfactory to the Engineer. ' 2 . 1 . 3 . Maintenance and Protection of Traffic Description This work consists of the maintenance and protection of both vehicular and pedestrian traffic within the area of the Project and shall include the furnishing and placing of all flashing warning 1 lights, signs, barricades and other protective devices; cleaning of streets, providing all necessary personnel, such as uniformed traffic control officers and flagmen; all in accordance with Indian River County right-of-way permit; these Specifications and/or as directed by the Engineer. ' . Traffic Control and Warning Devices ' Maintenance and protection of traffic for this Project shall conform to the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways and its latest edition and ' addendas, hereinafter referred to as the MUTCD ; Section 102, Maintenance of Traffic of the Florida Department of Transportation Standard Specifications, as amended, and all other warning signs and maintenance devices as may be deemed necessary by the Engineer. Design and ' coloration of barricades, traffic cones and drums shall be in strict conformance with F.D. O.T. Standard Specifications and Sections 6C-2, 6C-3 , 6C4 of the MUTCD. ' 3 ' 2 . 1 .3 . Maintenance and Protection of Traffic ' Construction Requirement Within fifteen ( 15) calendar days after the Notice to Proceed, the Contractor shall submit in writing, for the approval of the Engineer, a plan of the methods, traffic corridors, facilities and devices he proposes for the use for the maintenance and protection of traffic. As a general guide, the Contractor shall refer to Figure #6-6 of Page 276 of the MUTCD and consider the warning ' devices as shown on Figure #6-6 as the minimum requirements for qualification of this Article. Signs, barricades, traffic cones and electric flasher units shall be established, relocated, repaired and replaced in such manner and at such times and places as may be necessary for adequate protection of vehicular and pedestrian traffic, subject to the approval of the Engineer. The Contractor shall provide sufficient flagmen and shall take all other precautions, including any which may be ordered by the Engineer, that are necessary for the safety of the public and protection of traffic and work. No trenches shall be left open within the usable traffic width of a road, but shall be backfilled within the same day of construction of utilities. Patrols shall be ' made on a regular basis to assure that all maintenance devices and warning signs are in working condition and have a clean appearance. ' The means provided for the maintenance of highway traffic shall be removed upon completion of each project roadway, including shoulder operations and any damages done to public andprivate ' property shall be made good by the Contractor at his own expense. ' 2. 1 .4 . Engineer's Field Office This is to supplement Article 1 .4. 5 . ' This Article is amended to state that no engineer's field office is required. ' 4 DIVISION 2 SUPPLEMENTARY SPECIFICATIONS SECTION 2 PIPE INSTALLATION 2 .2 . 1 . Excavation for Test Pits - Unclassified Description Excavation for test pits shall include test excavations to determine precise locations of utilities, ' including culverts, sewers, water pipe, gas pipe, conduits, cable, manholes, inlets and similar structures . tMaterials No materials are required. Method of Construction Before laying pipe line, the Contractor shall ascertain the location and grade of utility pipes and other subsurface structures which may interfere with such construction. Test pits shall be ' excavated wherever necessary to obtain the required information, subject to the approval of the Engineer. The Contractor shall determine the precise locations of utilities being crossed by the construction. The Engineer shall then determine the alignment of the construction which will avoid conflict with existing utilities. ' 2.2 .2 Saw Cut Pavement Description ' This item of work shall consist of saw cutting of the bituminous and concrete roadway, driveways and sidewalks, in accordance with these Specifications and within reasonable conformity to the lines shown on the drawing and/or as directed by the Engineer. Materials ' No materials are required for this item of work. ' 5 2 .2 .2 . Saw Cut Pavement Methods of Construction Sawing shall be done with equipment approved by the Engineer. Saws shall be equipped with guides, blade guards, water cooling system and cut-depth control. Adequate and extra equipment and parts shall be available at the site prior to and during the sawing operations. 2 .2 .3 . Pavement Excavation Description Pavement excavation shall consist of the cutting, removal and disposal of bituminous paving, reinforced and non-reinforced concrete pavement courses, including any overlying surface courses. ' Materials No materials are involved. Methods of Construction ' Existing reinforced and non-reinforced concrete pavement, concrete bases and their surface courses, and bituminous concrete, block and brick surfaces shall be removed from their base ' courses, when and as prescribed or as shown on the Plans. Prior to any excavation, the Contractor shall cut all pavement surfaces to a neat line, for a maximum width in accordance with the allowable excavation for the various depths of the pipeline and/or as shown on the County Road Restoration detail on the Plans. Concrete base courses or concrete surfaces that have been overlaid with asphalt concrete need not be saw cut. ' Pavement breakers, which involve the use of a ball, weight or punch, dropped mechanically or by gravity, shall not be used within five feet (5 ) of a joint adjacent to other pavement which is to remain in place. 2 .2.4. Brine Main ' Descn�tion ' Brine main shall include the excavation for and the construction of pipe for the conveyance of wastewater. The main shall be of the type and size specified and shall be constructed at the prescribed locations and in accordance with the Plans and Specifications or as directed by the ' Engineer. 6 ' Materials Ductile iron pipe furnished for use with wastewater shall be centrifugally cast, lined with 40 mils DFT of Protecto 401 or approved equal, conforming to ANSI Specifications A21 .6 and A21 . 11 . All ductile iron pipe shall be manufactured in accordance with AWWA Specification C- 151 and shall be Class 350 minimum, lined with 40 mils DFT of Protecto 401 or approved equal . Unless specifically indicated otherwise, underground piping shall be bell and spigot and above ground ' piping shall be flanged. Cutting of ductile iron pipe shall be by sawing. Ductile iron pipe shall be bell and spigot cast in accordance with AWWA Specification C151 ' (ANSI A21 . 51 ) . Cast ductile iron shall have a minimum tensile strength of 60,000 psi with a minimum yield strength of 42,000 psi. Pipe wall thickness shall be computed in accordance with AWWA Specification C15046 (ANSI A21 .50) using the physical characteristics cited above with a minimum working pressure of 350 psi and a laying Condition "Type 2 . " Unless otherwise indicated or specified herein, the pipe shall have the minimum wall thickness according to class designation for diameters shown. All pipe shall be given a minimum factory hydrostatic test of 500 pounds per square inch. ' Pipe` `Class0 Mm. ` mall 'hickness Class 52 Mm ; Wall Tiickness ches ,,. rhes ch6 ' 4 ---- 0.29 6 0 . 25 0 . 31 ' 8 0 .27 0.33 10 0 .29 0. 35 12 0 . 31 0 . 38 ' 14 0 .33 0 . 39 16 0 . 34 0.40 18 0 .35 0 .41 20 0.36 0 .42 24 0 .38 0.44 30 0 .39 0 .47 ' 36 0 .43 0. 53 42 0 .47 0 . 59 7 2 .2 .4 . Brine Main Materials (Confd) Pipe Unless otherwise indicated, all ductile iron pipe shall be factory lined and coated. P pe sh 1 al be externally coated with a bituminous coating of either coal tar or asphalt base to a minimum dry film thickness of 1 .0 mil. Coating shall be neither brittle when cold nor sticky when exposed to the sun. Pressure pipe shall be lined with 40 mils dry film thickness (DFT) of Protecto 401 or ' approved equal . If and where directed by the Engineer, a polyethylene encasement shall be provided over pipe, fittings, and valves. The material, installation, and workmanship shall conform to applicable sections of ANSI Standard A21 .5 . Installation methods A or B shall be employed using flat tube polyethylene. The Contractor shall make provisions to keep the polyethylene from direct ' exposure to sunlight prior to installation; and backfilling following installation shall be completed without delay to avoid exposure to sunlight. Markin The ductile iron and PVC brine main pipe shall be marked with 2 " wide detection tape which ' shall be adhered to the top of pipe. The tape shall have the words "Brine Main" in 3/4" high letters appearing one or more times every twenty-four (24 ") inches. The Brine main shall have continuous # 10 THHN multi-strand conductor copper trace wire in accordance with Indian River County Utilities latest standards. The wire coating shall be white ' in color for Brine main. Warning tapes conforming to ASTM-B 117 and manufactured by Paul Potter, Wheaton, Illinois or approved equal, shall be installed 12"- 18" inches in depth above the top of and parallel with pipe in continuous lengths and wrapped around fittings, risers or valves. ' Polyvinyl Chloride Pine All polyvinyl chloride pipe shall be extruded from PVC meeting the requirements of Cell Classification 12454-A or 12454-13 as defined in ASTM D 1784, PVC compounds. PVC pipe shall be manufactured in compliance with AWWA Standard C-90045 , PVC pressure pipe. Pressure class shall be Class 150, DR 18 for pipe sizes 4"42" diameter. Municipal Water Pipe ' conforming to AWWA C900 as manufactured by J.M. Manufacture or approved equal . Brine polyvinyl chloride pressure pipe for pipe sizes 14"-36" diameter shall conform to the latest AWWA Standards C-905 . PVC brine main shall be white in color. PVC pipe less than 4 " diameter shall be Class 200, SDR 21 as manufactured by JM Manufacturing Company or approved equal . Joints for PVC pressure pipe shall be ball and ' spigot push-on rubber gasket type only. No solvent weld or threaded joints will be permitted. 8 r2.2.4 . Brine Main Polvvinxl Chloride Pipe (Cont'd) PVC pipe shall be homogeneous throughout and free from visible cracks, holes, foreign inclusions, or other injurious defects. The pipe shall be as uniform as commercially practical in color, opacity, density and other physical properties . The pipe shall be white in color. All Brine Main pipe shall be compression ring, push on type joints conforming with applicable AWWA Specifications . No solvent, weld or threaded joints will be permitted. Pipe Fittings All underground fittings shall be restrained point conforming to ANSI Specifications A21 . 11 for 250 psi pressure (gray iron or ductile iron) unless otherwise specified or noted. In making the joint, the surface with which the rubber gasket comes in contact shall be brushed thoroughly with a wire brush just prior to assembly to remove all loose rust or foreign material, and to provide clean surfaces, which should be brushed with soapy water, just prior to slipping the gasket over the spigot end and into the bell. Brush soapy water over the gasket, prior to ' installation, to remove loose dirt, and lubricate the gasket as it is forced into its retaining space . The sequence of assembly is to be as follows : The gland, followed by the rubber gasket, is to be placed over the spigot end, which is inserted into the socket. The gasket should be pushed in position so that it is evenly seated in the socket. The gland is then moved into position against the face of the gasket. Bolts are then to be inserted and made finger tight. ' When tightening bolts, it is essential that the gland be brought toward the pipe flange evenly, maintaining approximately the same distance between the gland and the face of the flange at all points around the socket. This may be done by partially tightening the bottom bolt first, then the top bolt, next the bolt at either side, and last, the remaining bolts. This cycle is to be repeated until all bolts are within the following range of bolt torque: it e rif KTq ' ueELMYze . .. _ . eddec `._ + f Wrench 3 .4" 60' — 90 lbs. 3/4 " 10 " The above torque load may be applied with the torque measuring or indicating wrench, length of wrench recommended above. If effective sealing is not attained at the maximum torque indicated above, the joint should be disassembled and reassembled after thorough cleaning. Overstressing of bolts to compensate for poor installation shall be avoided. All underground fittings shall be restrained joint conforming to ANSI Specifications A21 . 11 . All fittings on PVC pipe shall be restrained with 1300 series retainer glands . 9 2 .2 .4. Brine Main All above ground fittings shall be flanged joint. All flanged pipe barrels shall comply with the tphysical and chemical requirements as set forth in the handbook of Ductile Iron Pipe of the Cast Iron Pipe Research Association. Flanges shall be in accordance with ANSI Specifications B16 . 1 for Class 125 flanges . Bolts shall comply with ANSI Specification B 18 . 2 . Before starting fabrication of the cast iron pipe and fittings, complete detailed working drawings shall be submitted by the Contractor for approval by the Engineer. Such drawings shall show the piping layouts and contain schedules of all pipe, fittings, valves, expansion joints, hangers and supports, and other appurtenances. Where special fittings are required, they shall be shown in large detail with all necessary dimensions. The drawings submitted shall show flanged jointed sections placed so as to be removable without disturbance to the main pipe sections. Flanged pipe shall be faced and drilled to the American Standard drilling, unless special drilling is called for or required. Where tap or stud bolts are required, flanges shall be tapped. Flanges shall be accurately faced and drilled smooth and true, at right angles to the pipe axis and shall be covered with zinc dust and tallow or a rust preventive compound immediately after facing and drilling. ' Flanged pipe with screwe&on flanges shall be furnished with long hums and the flanges shall be screwed on the threaded end of the pipe in the shop and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. Flanged joints shall be made with stainless steel bolts or stud bolts and nuts. Bolts, stud bolts, and nuts shall conform to American Standard heavy dimensions, semi-finished with square or hexagonal heads and cold punched hexagonal nuts, meeting the requirements of ASTM Designation A-307. Bolt sizes shall be American Standard for the flanges specified, and bolts and nuts shall have good, true threads. All thrust restraint shall withstand the test pressure or the working pressure plus surge allowance, whichever is larger, including adequate factors of safety. ' Vertical and horizontal thrust blocks shall be made of concrete having a compressive strength of not less than 2500 psi after twenty-eight (28) days Concrete thrust backing shall be placed between solid ground and the fitting to be anchored; the area of bearing on the pipe and on the ground in each instance shall be that shown or directed by the Engineer. The backing shall, unless otherwise shown or directed, be so located as to contain the resultant thrust force and in such a way that the pipe and fitting joints will be accessible for repair. 10 ' 2 .2 .4 . Brine Main Methods of Construction General iWhen received from the carrier and at the time of unloading, the Contractor shall inspect all pipe and accessories for loss or damage in transit. No shipment of material should be accepted by the ' Contractor unless proper exceptions are made on the receipt obtained by the carrier at the time of delivery, as to loss and/or damage. The Contractor shall be responsible for all material furnished by him. All such material which is defective in manufacture or has been damaged in transit or has been damaged after delivery, shall be replaced by the Contractor at his expense . All material found during the progress of the work to have cracks, flaws or other defects will be rejected by the Engineer or his authorized inspector, and the Contractor shall promptly remove such defective material from the site of the work. The Contractor shall be responsible for the safe storage of all material furnished to or by him ' until it has been incorporated in the complete project. The locations of the existing pipes and structures shown on the plans are approximate, and before construction, the Contractor shall determine the exact locations of all existing pipes and structures to which connections are to be made. The Contractor shall submit to the Owner, an as-built location plan of the mains . The plans shall show the stationing and dimensions of the above items and reference to above ground objects. Excavation and Preparation of Trench ' The trench shall be dug to the required alignment and depth only so far in advance of pipe laying as the Engineer shall permit. The trench shall be braced and drained when necessary so that workmen may work therein safely and efficiently. The trench width at the ground surface may vary with and depend upon its depth and the nature of the ground encountered. The maximum clear width of trench at the top of the pipe shall not be more than the outside diameter of the barrel of the pipe plus two (2) feet. Greater width of trench at the top of the pipe shall be permitted only on written approval by the Engineer. Asphalt concrete surfaces shall be cut with pavement cutters, pneumatic hammers, saws or other devices that may be approved by the Engineer. 11 2 .2 .4 . Brine Main Excavation and Preparation of Trench (Cont'd) work or adjacent structures orproperty, The Contractor may, where it will not interfere with � slope the sides of excavation from a point starting one ( 1 ) foot above the top of the pipe. Maximum trench widths at the surface for gravity sewer shall be as follows . In areas where existing utilities, existing structures, limited working area or the necessity to maintain traffic flow require that the trench width be confined to a minimum area, the Engineer ' will determine the allowable trench width and will instruct the Contractor accordingly. Any part of the trench excavated below grade shall be corrected with thoroughly compacted material approved by the Engineer. When an unstable subgrade condition is encountered and, in the opinion of the Engineer, it cannot support the pipe, an additional depth shall be excavated and refilled to pipe foundation grade with select backfill or other suitable material as required by the Engineer to achieve a satisfactory trench bottom. ' Ledge rock, boulders and large stones shall be removed to provide clearance to each side of, and below, all pipe and accessories. This clearance for pipe and accessories shall be six (6 ") inches. Excavations below subgrade when rock and boulders are encountered, shall be refilled to subgrade with select backfill material approved by the Engineer and thoroughly compacted. Whenever necessary to prevent caving, trench excavations in soils such as sand, gravel and sandy soil, shall be adequately sheeted and braced. Where sheeting and bracing are used, the trench width shall not be less than that herein before specified. ' As backfill is placed, if sheeting is to be withdrawn, it shall be withdrawn in increments not exceeding one ( 1 ) foot and the void left by the withdrawn sheeting shall be filled and compacted. All excavated material shall be piled in a manner that will not endanger the work and will avoid obstructing sidewalks and driveways. Gutters shall be kept clear or other satisfactory provisions made for street drainage. ' The use of trench-digging machinery will be permitted except where its operations will cause damage to trees, buildings or existing structures above or below the ground. At such locations, hand methods shall be employed to avoid such damage. 12 2 .2 .4 . Brine Main Preparation of Trench Bottom Pipe shall be laid directly on a trench bottom containing coupling holes and shaped to provide continuous contact with the pipe between coupling holes . Coupling Holes : Prior to lowering pipe into the trench, a coupling hole shall be dug in the trench bottom having a length, width and depth to allow assembly and to maintain a minimum clearance of two (2") inches between coupling and undisturbed trench bottom. Shaping Trench Bottom : Prior to lowering pipe into the trench, the trench bottom between coupling holes shall be cut true and even to grade so as to provide continuous contact of the trench bottom with the pipe in accordance with the bedding detail as shown on the Contract Plans . Lowering Pipe and Accessories into Trench Proper Per im lements, tools, and facilities satisfactory to the Engineer shall be provided by and used by the Contractor for the safe and efficient execution of the work. All pipe, fittings, and accessories shall be carefully lowered into the trench using suitable equipment in such manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. ' es shall be inspected for defects prior to lowering into trench. Any The pipe and accessories pec defective, damaged or unsound material shall be repaired or replaced as directed by the Engineer. Where the grade or alignment of the pipe is obstructed by existing utility structures, such as conduits, ducts, pipes, branch connections to main sewers, or main drains, the obstruction shall be permanently supported, relocated, removed or reconstructed by the Contractor in cooperation ' with Owners of such utility structures. ' No deviation shall be made from the required line of grade except with the written consent of the Engineer. ! Whenever necessary to determine the location of existing underground utility structures, the Contractor, after an examination of available records and upon written order of the Engineer, shall make all explorations and excavations for such purposes. 13 2 .2 .4 Brine Main Trenches Pine m T All pipe shall be laid to the depth and grades according to the Plans . The depth shall be measured from the established bench marks. Pipe Joints The ends of pipe, coupling grooves, gaskets and rubber rings shall be cleaned immediately before assembling. The assembly shall be made as recommended by the manufacturer. Lubricant for sealing gasket shall be as specified in ANSI 21 . 11 (AWWA C11142). Pipe shall not be deflected either vertically or horizontally in excess of that recommended by the manufacturer. Preventing Trench Water from Entering Pine When pipe laying is not in progress, the open ends of installed pipe shall be closed by approved means to prevent entrance of trench water into the line. Floating Pipe Whenever water is excluded from the interior of the pipe, adequate backfill shall be placed on the pipe or well pointing installed to prevent floating. Any pipe which has floated shall be removed from the trench and be re-laid as directed by the Engineer. ' All foreign matter or dirt shall be removed from the interior of pipe before lowering into position in the trench. Pipe shall be kept clean by means approved by the Engineer during and after I aying. Alignment and Grade The pipe shall be laid, as directed by the Engineer, on a firm soil cut true and even to afford bearing for the full length of the barrel of the pipe. Temporary support, adequate protection and maintenance of all underground and surface utility structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his own expense under the direction of the Engineer. Unsuitable Conditions for Joining Pipe No pipe shall be laid in wet trench conditions which preclude proper bedding, or on frozen trench bottom, or when in the opinion of the Engineer the trench conditions or the weather are unsuitable for proper installation. 14 ' 2 .2 .4. Brine Main Length of Pipe at Rigid Structures Pipe entering or passing through rigid structures such as concrete vaults shall not have a length extending more than three (Y) feet three (Y) inches beyond either inner or outer face of that structure . Pressure Tests Pressure during test. After the pipe line has been laid, it shall be subjected to a hydrostatic test pressure as specified by the Owner and as related to the normal operating pressure. Unless otherwise specified, the test pressure shall be 50 percent (50%) above the normal working pressure, but not less than 150 psi for the Brine main. When local conditions, in the opinion of the Owner, are such that the trenches must be backfilled immediately after laying the pipe, the pressure tests may be made after backfilling has been completed, but before placement of permanent paving. Duration of Pressure Test rThe duration of each pressure test shall be two (2) hours unless otherwise directed by the Owner. Procedure Each section of pipeline shall be slowly filled with water, and the specified test pressure measured at the point of lowest elevation, shall be applied by means or a pump connected to the ' pipe in a manner satisfactory to the Owner. The pressure test for leakage shall be for a duration of two (2) hours and during the test, the pressure shall not be permitted to fall below 150 psi for Brine main. Water added to the test section of pipe necessary to maintain the specified test pressure shall constitute leakage. The maximum allowable leakage permitted for the Brine main will be determined from the following formula: 133 , loo Where : L = Allowable leakage expressed in gallons/hour N = Length of pipe to be tested in linear feet D = Nominal diameter of Brine main expressed in inches P = Average test pressure during the leakage test expressed in psi The pump, pipe connection and all necessary apparatus, shall be furnished by the Contractor. The Contractor shall furnish all necessary assistance for conducting the tests. All tests will be witnessed by the Owner or his designated inspector. 15 ' 2.2 .4 . Brine Main Expelling Air Before Tests During the filling of the pipe and before applying the specified test pressure, all air shall be expelled from the pipe line. To accomplish this, taps shall be made, if necessary, at point of highest elevation, and after completion of the test, the taps shall be tightly plugged unless otherwise specified. Examination Under Pressure During the test, all exposed pipes, fittings, and couplings will be carefully examined. If found to be cracked or defective, they shall be removed and replaced by the Contractor with sound material . The test shall then be repeated until satisfactory to the Owner. All exposed pipes, fitting, and joints shall be examined for leakage during the test. Should any test of a section of pipe line disclose joint leakage greater than that permitted, the Contractor shall, at his own expense, locate and repair the defective joints until the leakage is within the permitted allowance. 2.2.5 . Fittings Description General fittings shall be cast from gray iron or ductile iron de- signed for an operating pressure of 250 psi with a minimum factor of safety of 2. 5 manufactured in accordance with and to the applicable dimensions and weights conforming to the requirements of AWWA C110 or AWWA C153 unless otherwise specified. All pipe fittings shall be mechanical joint with restrained joint, internally lined with 40 Mils DFT of Protecto 401 or approved equal and externally coated with coal tar or asphalt base bituminous coating, 1 mil thick. Gray iron or ductile iron pipe fittings, finishes, fittings and appurtenances shall conform to the following applicable standards : AWWA C153 - Ductile Iron Compact Fittings, 3 " through 12" for Water and Other Liquids. ANSI A21 . 11 (AWWA C111 ) - American National Standard for Rubber Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings . ANSI A21 . 10 (AWWA C110) - American National Standard for Gray Iron and Ductile Iron Fittings 3 " through 48 " for Water and Other Liquids. ANSI/AWWA C600 AWWA - Standard for Installation of Ductile Iron Water Mains and their Appurtenances . 16 2 .2. 5 . Fittings Description Cont'd) ' i e fittings have been manufacturedrttin The manufacturer shall furnish a sworn statement that the p p g in accordance with AWWA C110 or AWWA C153 and that the fittings fiunished have been inspected, tested and that all tests required by AWWA C110 or AWWA C153 have been made and the results thereof comply with the requirements of the standard. All fittings shall be clean and sound without defects . Repairing of defects by welding or other methods shall not be permitted. Fittings and accessories not in compliance with AWWA C110 or AWWA C153 shall not be accepted by the Contractor and shall be replaced by the manufacturer. All gray iron or ductile iron pipe fittings furnished under this Contract shall be externally coated with a bituminous coating approximately 1 mil . thick. The coating shall be applied to the outside of all pipe unless otherwise specified. The finished external coating shall be continuous, smooth, neither brittle when cold nor sticky when exposed to the sun and shall be strongly adherent to the pipe. Each fitting furnished shall have distinctly cast upon them the manufacturer's identification, pressure rating, nominal diameters of openings and the number of degrees of fraction of the circle on all bends. Ductile iron fittings shall have the letters "DI" or "Ductile" cast on them. All required markings shall be clear and legible. Any fitting not marked as specified shall be rejected and removed from the site. Push-on joint rubber gaskets, mechanical joint rubber gaskets, ductile iron glands or gray iron glands, bolts and nubs shall be in accordance with ANSI A21 . 11 (AWWA C111 ) American National Standard for Rubber-Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings . All plugs, caps, tees and bends, unless otherwise specified, shall be provided with suitable restrained joints, as shown on the plans or specified by the Engineer. All thrust restraint shall withstand the test pressure or the working pressure plus surge allowance, whichever is larger, including adequate factors of safety. Vertical and horizontal thrust blocks shall be made of concrete having a compressive strength of not less than 3000 psi after 28 days. Concrete thrust backing shall be placed between solid ground and the fitting to be anchored; the area of bearing on the pipe and on the ground in each instance shall be that shown or directed by the Engineer. The backing shall, unless otherwise shown or directed, be so located as to contain the resultant thrust force and in such a way that the pipe and fitting joints will be accessible for repair. Restraining mechanisms for push-on or mechanical joints shall be used in conjunction with concrete backing if so indicated in the plans and specifications. Clamps or other components of dissimilar metal shall be protected against corrosion by hand application of a suitable coating. All tie rods shall be 3/4 " diameter, all thread stainless steel rods. 17 1 r2 . 2.6 . Gate Valves & Valve Boxes Description Gate valves and valve boxes shall include the furnishing and installation of gate valves with 1 2,500 psi concrete foundations and valve boxes in the water main distribution system, in accordance with these specifications and in reasonably close conformity to the locations shown on the plans or as directed by the Engineer. Materials Gate valves shall be resilient seated with restrained mechanical joint, manufactured to meet or exceed the requirements of AWWA C509 and in accordance with the following specifications : Valves shall have an unobstructed waterway equal to or greater than the full nominal diameter of the valve. Valves shall have a minimum rated working pressure of 150 psi, and a minimum rated test pressure of 300 psi. The valves are to be non-rising stem with the stem made of cast, forged, or rolled bronze shown in AWWA C509 . Two stern seals shall be provided and shall be of the O-ring type, one above and one below the thrust collar. Bonnet face of the stuffing box shall be smooth and machine finished. ' The stem nut shall be (2 ") square, made of bronze, and may be independent of the gate or the integral type design. The seal mechanism shall consist of a cast iron gate having a vulcanized synthetic rubber coating or be mechanically retained on the disc. The resilient sealing mechanism shall provide zero leakage at the water working pressure when installed with the line flow in either direction. The valve body, bonnet, and bonnet cover shall be cast iron ASTM A126, Class B . All ferrous ' surface inside and outside shall have a fusion-bonded or spray epoxy coating. A handwheel or wrench shall be provided for operating the valve. All valves shall open in a counter-clockwise motion. All valves are to be tested in strict accordance with AWWA C509. Gate valves shall be similar to American-Darling "CRS40, " Mueller Resilient Seat Gate Valve or an approved equal . All valves shall have a valve box installed to the ground surface. The box shall be a two piece for valves 2 " through 12 " , and three piece for valves 14" and larger. The box shall be a screw type with 5 1 /4" shaft. The lid shall be marked " Water" and must be painted blue. A pad 36 " x 36 " concrete pad must be poured around the top of the box to prevent damage or movement. The box shall have extensions as required. Boxes shall be as manufactured by Mueller Company or approved equal. 18 r 2 .2.6 . Gate Valves & Valve Boxes Methods of Construction i cutting and shall locate valves and fittings in the exact The Contractor shall do all necessary pipe g g positions indicated. He shall provide and use cutting tools of an approved type and in good order so as to ensure clean, square cuts to exact measurements. Examination of Material Prior to installation, valves shall be inspected for direction of opening, number of turns to open, freedom of operations, tightness of pressure containing bolting and test plugs, cleanliness of valve ports and especially seating surface handling damage and cracks . Defective valves shall be corrected or held for inspection by the Engineer. Valves shall be closed before being installed. Placement Mains shall be drained through drainage branches or blowoffs. Drainage branches, blowoffs, air vents and appurtenances shall be provided with valves and shall be located and installed as shown on the plans. Drainage branches or blowoffs shall not be directly connected to any storm or sanitary sewer submerged in any stream, or be installed in any other manner that will permit back siphonage into the distribution system. A valve box shall be provided for every valve that has no gearing or operating mechanism or in which the gearing of operating mechanism is fully protected with a gear case. The valve box shall not transmit shock or stress to the valve and shall be centered over the operating nut of the ' valve, with the box cover flush with the surface of the finished area or such other level as may be directed by the Owner. All valves shall be set accurately true to and square with pipe lines and installed on a 2500 psi concrete foundation so that the pipe will not be required to support the weight of the valve . Valves shall be installed in the closed position. Valve stems shall be accurately plumb. Valve boxes shall be set plumb accurately centered with respect to the valve stem, well supported by solidly tamped earth and with their tops flush with the finished surface grade of the roadway or surface of the ground where set. Pipe lines shall be thrust blocked at all bends greater than 10 degrees and at all tees, plugs, valves and fire hydrants so as to prevent movement of the lines under pressure. Typical thrust blocking shall be as shown on the detail sheet of the plans or as described by the Engineer. 19 2 .2 .4 Brine Main Pine in Trenches All pipe shall be laid to the depth and grades according to the Plans . The depth shall be measured from the established bench marks. Pipe Joints The ends of pipe, coupling grooves, gaskets and rubber rings shall be cleaned immediately before assembling. The assembly shall be made as recommended by the manufacturer. Lubricant for sealing gasket shall be as specified in ANSI 21 . 11 (AWWA C111 -72). Pipe shall not be deflected either vertically or horizontally in excess of that recommended by the manufacturer. Preventing Trench Water from Entering Pipe When pipe laying is not in progress, the open ends of installed pipe shall be closed by approved means to prevent entrance of trench water into the line. Floating Pipe ' Whenever water is excluded from the interior of the pipe, adequate backfill shall be placed on the pipe or well pointing installed to prevent floating. Any pipe which has floated shall be removed from the trench and be re-laid as directed by the Engineer. ' All foreignmatter or dirt shall be removed from the interior of i before lowering into position pipe in the trench. Pipe shall be kept clean by means approved by the Engineer during and after I aying. Alignment and Grade The pipe shall be laid, as directed by the Engineer, on a firm soil cut true and even to afford bearing for the full length of the barrel of the pipe. Temporary support, adequate protection and maintenance of all underground and surface utility ' structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his own expense under the direction of the Engineer. Unsuitable Conditions for Joining Pipe No pipe shall be laid in wet trench conditions which preclude proper bedding, or on frozen trench J bottom, or when in the opinion of the Engineer the trench conditions or the weather are unsuitable for proper installation. J J 14 responsibilities associated with the furnishing or an ianor, matentuJ, vgLupiii%.=aL u.=. . ___• _ •• __-»-� required to install, complete, required trenchless installation of pressure mains, as shown on the Drawings and as specified herein. Experience The Contractor must demonstrate expertise in trenchless methods using a wire guided locating system by providing a list of ten ( 10) utility references for which similar work has been performed in the last two years. The references should include a name and telephone number where contact can be made to verify the contractor's capability. The Contractor must provide documentation showing successful completion of the projects used for reference. Conventional trenching experience will not be considered applicable. All supervisory personnel must be adequately trained and shall have at least four (4) years experience in directional boring. The Contractor shall submit the names and resumes of all supervisory field personnel prior to construction. Because of time constraints, the Contractor may wish to provide multiple experienced directional boring crews. The directional boring equipment shall be capable of installing the minimum pipe diameter noted on the plans. Submittals Submit technical data forui ment including clay slurry material, method of installation with �I P working drawings, and proposed sequence of construction for approval by the Engineer. I Prior to approval for directional boring, the Contractor must submit the names of supervisory field personnel and historical information of directional boring experience. In addition, the Contractor must submit for approval nameplate, data for the drilling equipment, mobile spoils removal unit, and MSDS (Material Safety Data Sheets) information for the drilling slurry compounds. The Contractor is required to bring to the attention of the Engineer any known design discrepancies with actual tunneling methods that the Contractor will be performing. This shall be stated in writing to the Engineer no later than the pre-construction meeting. Provide shop drawing submittal and sample of pipe, fused joint, and trace wire. 20 2.2 . 7. Directional Boring Execution Installation Installation shall be in a trenchless manner producing continuous bores. The tunneling system shall be remotely steerable and permit electronic monitoring of tunnel depth and location. Accurate placement of pipe within a + 2-inch window is required both horizontally and vertically. Turning capability of a 90-degree radius in 40 feet is required. Continuous monitoring of the boring head is required, including across open water if necessary. The directional boring Contractor shall submit certification, by a Professional Engineer or Professional Land Surveyor licensed in the State of Florida, that the directional boring has been performed in accordance to the construction drawings, and shall provide signed and sealed record drawings. Record Drawings (As-built) shall be provided both in electronic format and hard paper copy. Tunneling shall be performed by a fluid-cutting process (high pressure4ow volume) utilizing liquid clay, i.e. bentonite. The clay lining will maintain tunnel stability and provide lubrication in order to reduce frictional drag while the pipe is being installed. In addition, the clay fluid must be totally inert and contain no environmental risk. The Contractor must also have a mobile vacuum spoils recovery vehicle on-site to remove the drilling spoils from the access pits. The spoils must then be transported from the job site and be properly disposed of off the site. Under no circumstances shall the drilling spoil be permitted to be disposed of into sanitary, storm, or other public or private drainage systems. Spoils may be transported to the County' s Solid Waste Facility and the cost of disposal shall be borne by the Contractor. Liquid clay type colloidal drilling fluid shall consist of at least 10 percent of high-grade carefully processed bentonite to consolidate cuttings of the soil, to seal the walls of the hole, and to furnish lubrication for subsequent removal of cuttings. The slurry, which is heavier than the surrounding material, is high in colloids of the bentonite type and it will deposit a thin filter cake of low permeability material on the walls of the bore. This will allow only a small amount of the fluid to pass into the surrounding soil and will also stabilize the bore. The colloidal content of the fluid imparts excellent lubricating qualities to the slurry, which is a distinct aid to the removal of the soil cuttings. Pneumatic or water jetting methods will be considered unacceptable due to the possibility of surface subsidence. After an initial bore has been completed, a reamer will be installed at the termination pit and the pipe shall be pulled back to the starting pit. The reamer shall be capable of discharging liquid clay to facilitate the installation of the pipe into a stabilized and lubricated tunnel . 21 2.2. 7. Directional Boring Installation (Cont' d) A minimum of two (2) insulated # 10 multi-strand wires shall be installed along with the HDPE. The trace wire shall be tested for continuity upon completed installation. Should both trace wires fail to pass a continuity test then the test will be considered a failure and the wires shall be replaced. Tracing Wires : # 10 multi-strand Conductor Copper Trace Wire shall be wrapped or affixed to pipe and fittings Upon completion of boring and pipe installation, the Contractor shall remove all spoils from the starting and termination pits. All pits shall be restored to their original condition. Restoration of Paved, Improved and Unimproved Areas The shoulders, ditches, banks and slopes of roads and railroads crossed and paralleled shall be restored to their former condition and properly sodded so that they shall not wash out before becoming consolidated. Restoration shall be as required by the jurisdictional authority and as specified within the Contract Document. Road and railroad crossings and parallel installations are to be continuously maintained until the completion of the work. No direct compensation shall be paid for Contractor's repair or maintenance of crossings and parallel installations. 2.2. 8 . Polyethylene (PE) Pressure Pipe Description This section covers Polyethylene (PE) pressure pipe and fittings for Brine mains. Polyethylene (PE) pressure pipe shall be allowed for use as Brine main pipe where compatible with the specific conditions of the project. The use of material other than PE pipe may be required by IRCDUS during construction permit review or by I CCDUS field personnel, if it is determined that PE pipe is unsuitable for the particular application. Documentation from the resin' s manufacturer showing results of the following tests for resin identification: a) Melt Flow Index ASTM D 1238 b) Density ASTM D 1505 All PE pipe and fittings shall be from a single manufacturer, who is fully experienced, reputable and qualified in the manufacture of the PE pipe to be furnished. The pipe shall be designed, constructed and installed in accordance with the best practices and methods and shall comply with these Specifications. Qualified manufacturers shall be : PLEXCO Division of Chevron Chemical Company, DRISCOPIPE as manufactured by Phillips Products Co. , Inc., SCLAIRPIPE as manufactured by Dupont of Canada or equal as approved by the Engineer. 22 t 2.2. 8 . Polyethylene (PE) Pressure Pipe Finished Product Evaluation Each length of pipe produced shall be checked by production staff for the items listed below. The results of all measurements shall be recorded on production sheets which become part of the manufacturer' s permanent records. a) Pipe in process shall be checked visually, inside and out for cosmetic defects (grooves, pits, hollows, etc.) b) Pipe outside diameter shall be measured using a suitable periphery tape to ensure conformance with ASTM F714 or ASTM D-3035, whichever is applicable. c) Pipe wall thickness shall be measured at 12 equally spaced locations around the circumference at both ends of the pipe to ensure conformance with ASTM F714 or ASTM D-3035 , whichever is applicable. d) Pipe length shall be measured. e) Pipe marking shall be examined and checked for accuracy. f) Pipe ends shall be checked to ensure they are cut square and clean. g) Subject inside surface to a "reverse bend test" to ensure the pipe is free of oxidation (brittleness). Stress Regression Testing The polyethylene pipe manufacturer shall provide certification that stress regression testing has been performed on the specific polyethylene resin being utilized in the manufacture of this product. This stress regression testing shall have been done in accordance with ASTM D2837 and the manufacturer shall provide a product supplying a minimum Hydrostatic Design Basis (HDB) of 1 ,600 psi as determined in accordance with ASTM D2837. Contractor is responsible for compatibility between pipe materials, fittings and appurtenances. The pipe MANUFACTURER shall provide a warranty against manufacturing defects of material and workmanship for a period of ten years after the final acceptance of the project by the OWNER. The MANUFACTURER shall replace at no expense to the OWNER any defective pipe material including labor within the warranty period. Materials For Pine Sizes 3 " And Larger Materials used for the manufacture of polyethylene pipe and fittings shall be made from a PE 3408 polyethylene resin compound meeting cell classification 345434C per ASTM D3350; and meeting Type Ill, Class C, Category 5 , Grade P34 per ASTM D1248 . Polyethylene (PE) pipe shall comply with AWWA Specifications C906-90 . If rework compounds are required, only those generated in the Manufacturer' s plant from resin compounds of the same class and type from the same raw material supplier shall be used. 23 2 .2 . 8 . Polyethylene (PE) Pressure Pipe Materials For Pipe Sizes 3 " And Lar er Cont' d) Dimensions and workmanship shall be as specified by ASTM F714 . PE fittings and transitions shall meet ASTM D3261 . PE pipe shall have a minimum density of 0. 955 grams per cubic centimeter. All PE pipe and fittings shall have a Hydrostatic Design Basis (HDB) of 1 ,600 psi. PE pipe and accessories 3 " and greater in diameter, shall be 160 psi at 73 .4°F meeting the requirements of Standard Dimension Ration (SDR) 11 as MINIMUM STRENGTH. 1 Compliance with the above requirements must be certified by the pipe Manufacturer. Fittings All molded fittings and fabricated fittings shall be fully pressure rated to match the pipe SDR pressure rating to which they are made. All fittings shall be molded or fabricated by the manufacturer. No Contractor fabricated fittings shall be used unless approved by the Engineer. The manufacturer of the PE pipe shall supply all PE fittings and accessories as well as any adapters and/or specials required to perform the work as shown on the Drawings and specified herein. All transition from PE pipe to ductile iron shall be made per the PE pipe manufacturer' s recommendations and specifications. A molded mechanical joint (mj ) adapter within a carbon steel back-up ring assembly shall be used for pipe type transitions. Fittings and transitions shall be as manufactured by Phillips Driscopipe, Inc. , 1000 Series Pressure Pipe, Chevron Chemical Company Plexco/Spiralite pipe, or equal . Compliance with the above requirements must be certified by the pipe supplier. Jointing Method The pipe shall be joined with butt, heat fusion joints. All joints shall be made in strict compliance with the manufacturer' s recommendations Lengths of pipe shall be assembled into suitable installation lengths by the butt-fusion process . All pipe so joined shall be made from the same class and type of raw material made by the same raw material supplier. Pipe shall be furnished in standard laying lengths not to exceed 50 feet. 24 2 .2 . 8 . Pol eth leve E Pressure Pipe Pine Identification The following shall be continuously indent printed on the pipe or spaced at intervals not exceeding 5 -ft: 1 . Name and/or trademark of the pipe manufacturer. 2 . Nominal pipe size . 3 . Dimension ratio . t4 . The letters PE followed by the polyethylene grade in accordance with ASTM D1248 , followed by the hydrostatic design basis in 160 ' s of psi, e .g., PE 3408 . 5 . Manufacturing standard reference, e. g. , ASTM F714 or D-3035 , as required. 6 . A production code from which the date and place of manufacture can be determined. Number 10 multi-strand Conductor Copper Trace Wire shall be spiral wrapped or affixed to the top of all pipe and fittings. Installation Polyethylene (PE) Pipe shall be installed in accordance with the instruction of the manufacturer, as shown on the Drawings and as specified herein. All heat fusion joints shall be done by a factory qualified joining technician as designated by the pipe manufacturer. Care shall be taken in loading, transporting and unloading to prevent injury to the pipe. Pipe or fitting shall not be dropped. All pipe or fitting shall be examined before installation, and no piece shall be installed which is found to be defective. Any damage to the pipe shall be repaired as directed by the Engineer. If any defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner by the contractor, at his own expense. Under no circumstances shall the pipe or accessories be dropped into the trench. • Care shall be taken during transportation of the pipe such that it will not be cut, kinked or otherwise damaged. Ropes, fabric or rubber protected slings and straps shall be used when handling pipes. Chains, cables or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects which could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such width as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. 25 2 .2 . 8 . Polyethylene (PE) Pressure Pipe Installation (Cont' d) the trench to prevent damage or twisting of the Care shall be exercised when lowering pipe into p g 8 pipe. Drawmi s Pipe shall be laid to fines and grade shown on the g with bedding and backfill as shown on the Drawings . When laying is not in progress, including lunchtime, the open ends of the pipe shall be closed by fabricated plugs, or by other approved means . Pipe shall be stored on clean level ground to prevent undue scratching or gouging. The handling of the pipe shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. The maximum allowable depth of cuts, scratches or gouges on the exterior of the pipe is 10 percent of wall thickness. The interior pipe surface shall be free of cuts, gouges or scratches. Sections of pipe with cuts, scratches or gouges exceeding five percent of the pipe wall thickness shall be removed completely and the ends of the pipeline rejoined. The pipe shall be joined by the method of thermal butt fusion, as outlined in ASTM D2657 . All joints shall be made in strict compliance with the manufacturer' s recommendations . Mechanical connections of the polyethylene pipe to auxiliary equipment such as valves, pumps and tanks shall be through flanged connections which shall consists of the following : 1 . A polyethylene flange shall be thermally butt-fused to the stub end of the pipe . A carbon steel back-upring shall be used on both sides of the connection prior to thermally butt-fusing the polyethylene flange. 2 . A 316 stainless steel back up ring shall mate with a 316 stainless steel flange. 3 . Ductile iron back up rings shall mate with cast iron flanges Flange connections shall be provided with a full face neoprene gasket. All PE pipe must be at the temperature of the surrounding soil at the time of backfilling and compaction. No single piece of pipe shall be laid unless it is straight. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1 / 16 in per foot of length. If a piece of pipe fails to meet this requirement check for straightness, it shall be rejected and removed from the site. Laying instructions of the manufacturer shall be explicitly followed. 26 2 .2. 8 . Polyethylene (PE) Pressure Pipe Installation (Cont' d) If a defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the Owner. All pipe and fittings shall be thoroughly cleaned before installation, shall be kept clean until they are used in the work and when laid, shall conform to the lines and grades required. As soon as the excavation is complete to normal grade of the bottom of the trench, bedding shall be placed, compacted and graded to provide firm, uniform and continuous support for the pipe . Bell holes shall be excavated so that only the barrel of the pipe bears upon the bedding. The pipe shall be laid accurately to the lines and grades indicated on the Drawings. Blocking under the pipe will not be permitted. Bedding shall be placed evenly on each side of the pipe to mid- diameter and hand tools shall be used to force the bedding under the haunches of the pipe and into the bell holes to give firm continuous support for the pipe. Bedding shall then be placed to 12-in above the top of the pipe. The initial 3 -ft of backfill above the bedding shall be placed. in I -ft layers and carefully compacted. Generally the compaction shall be done evenly on each side of the pipe and compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such compaction equipment will not have a damaging effect on the pipe. Equipment used in compacting the initial 3 -ft backfill shall be approved by the pipe manufacturer' s representative prior to use. Good alignment shall be preserved during installation. The deflection at joints shall not exceed that recommended by manufacturer. Fittings, in addition to those shown on the Drawings, shall be provided, if required, in crossing utilities which may be encountered upon opening the trench. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place. Joints shall not be "pulled" or "cramped". Before any joint is made, the pipe shall be checked to assure that a close joint with the next adjoining pipe has been maintained and that the inverts are matched and conform to the required grade. The pipe shall not be driven down to grade by striking it. Precautions shall be taken to prevent flotation of the pipe in the trench. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, moveable sheeting, shoring or plates shall not be allowed to extend below the top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be placed to fill any voids created and the backfill shall be recompacted to provide uniform side support for the pipe. Restrained joints shall be installed where shown on the Drawings or as directed by the Engineer. 27 r 2.2 . 8 . Polyethylene (PE) Pressure Pipe Testing All PE brine mains shall be field tested. Supply all labor, equipment, material, gages, pumps, meters and incidentals required for testing. Pressure test each water main upon completion of the pipe laying and backfilling operations, including placement of any required temporary roadway surfacing. All brine mains shall be tested at 150 percent of the operating design pressure of the pipe unless otherwise approved by the Engineer. The operating design pressure of the pipe is 100 psi . The test pressure shall be measured at the highest point along the test section by a recording type pressure gage and a copy of the readout shall be submitted to the Engineer upon completion of the test. All testing shall be conducted in the presence of the Engineer or his/her designated representative. Testing shall be conducted after backfilling has been completed and before placement of permanent surface. Testing procedure shall be as follows . 1 . Fill line slowly with water. Maintain flow velocity less than two feet per second. 2 . Expel air completely from the line during filling and again before applying test pressure. Air shall be expelled by means of taps at points of highest elevation. 3 . Apply initial test pressure and allow to stand without makeup pressure for two to three hours, to allow for diametric expansion or pipe stretching to stabilize. 4 . After this equilibrium period, apply the specified test pressure and turn the pump off. The final test pressure shall be held for one to three hours. 5 . Upon completion of the test, the pressure shall be bled off from a location other than the point where the pressure is monitored. The pressure drop shall be witnessed by the resident project representative at the point where the pressure is being monitored and shall show on the recorded pressure read-out submitted to the Engineer. Allowable amount of makeup water for expansion during the pressure test shall conform to Chart 6, Allowance for Expansion Under Test Pressure, Technical Report TR 31 /9-79, published by the Plastic Pipe Institute (PPI). If there are no visual leaks or significant pressure drops during the final test period, the installed pipe passes the test. If any test of pipe laid disclosed leakage significant pressure drop greater than the allowed, the 1 Contractor shall, at his/her own expense, locate and repair the cause of leakage and retest the line. The amount of leakage which will be permitted shall be in accordance with AWWA C600 Standards. All visible leaks are to be repaired regardless of the amount of leakage. 28 2 .2 . 8 . Polyethylene (PE) Pressure Pipe Testing(Cont' d) r must submit his plan for testing to the Engineer for review at least ( 10) days The Contractor p S g before starting the test. 2.2.9 . Audio-Video Taping Description Prior to commencing the work, the Contractor shall have a continuous color audio-video tape recording taken along the entire length of the Project and at all proposed pump station sites within the Project area to serve as a record of pre-construction conditions. No construction shall begin prior to review and approval of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a video tape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The Engineer shall designate those areas, if any, to be omitted from our added to the audio-video coverage. Tape recordings shall not be made more than ninety (90) days prior to construction in any area. All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner within ten ( 10) days after recording. The Contractor shall engage the services of a professional electrographer. The color audio-video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio-video tape documentation. The electrographer shall furnish to the Engineer a list of all equipment to be used for the audio-video taping, i.e. manufacturer's name, model number, specifications and other pertinent information. Audio-video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one-half inch, high energy, extended still frame capable, video cassette, shall be interchangeable with the color video cassette player and shall be compatible for playback with standard VHS player-receiver. 29 2 .2 . 9 . Audio-Video Taping ui ment All equipment, accessories materials and labor to perform this service shall be furnished b the P Y ' Contractor. The audio-video tape system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions . When conventional wheeled vehicles are used, the distance from the cameral lens to the ground shall not be less than twelve ( 12') feet. In some instances, audio-video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal to noise ratio of 45 dB and a minimum illumination requirement of 25 foot candles. Each tape shall begin with the current date, project name and municipality and be followed by the general location, i.e. , name of street, house address, viewing side and direction of progress. The audio track shall consist of an original live recording. The recording shall contain the narrative commentary of the electrographer, recorded simultaneously with his fixed elevation video record of the zone of influence of construction. All video recordings must, by electronic means, display continuously and simultaneously generated with the actual taping transparent digital information to include the date and time of irecording, and stations numbers as shown on the Drawings. The date information shall contain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be narrated periodically. Such information shall include but not be limited to project name, contract number, name of street, house address, direction of travel and the viewing side. The written information shall appear on the left hand third of the screen. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute. Panning, zoom-in and zoom-out rates shall be sufficiently controlled to maintain a clear view of the object. 30 2.2 . 9. Audio-Video Taping Equipment Cont' d) Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs and headwalls within the area covered. �1 2.2. 10. Air Release Valves Description Air release valves and valve joint shall include the furnishing and installation of air release valve with valve vault in the Brine main system in accordance with these specifications and in reasonably close conformity to the locations shown on the plans or as directed by Indian River County Utility Department or by the Engineer. Materials Air release valves shall be as manufactured by AIR, Model #ARI-D=025P. The 2" diameter valve vault shall be manufactured by CDR and shall be 4 ' x 3 ' x 3 ' . 31 SECTION 3 RESTORATION 2 . 3 . 1 . Paved Road Restoration Description This work shall consist of furnishing materials, equipment, testing, labor and all else necessary to restore all cement concrete and asphaltic concrete roads including base and sub-base course materials which are disturbed as a result of this Contract Restoration of roads shall be completed in accordance with the Contract Plans and as specified herein. Materials and Methods of Construction Shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards as applicable. The County Engineer will be notified of all maintenance of traffic plans . Excess fill will be the property of the County. Density tests shall be taken for road restoration. Base shall be machine compacted. On. County collector and arterial roads, a temporary patch is required within twenty-four (24) hours of cut. Final patch shall be smooth and even. 2 . 3 .2. Non-Paved Road Restoration Description This item of work shall include all furnishing of materials, equipment, testing, labor and all else tnecessary to restore all non-paved roads, including sub-base course materials. This item shall include all limerock, shell and cemented-coquina roads. Materials and Methods of Construction Shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards as applicable. 32 2 .3 . 3 Paved Driveway Restoration Description This item of work shall consist of furnishing materials, equipment, testing, labor and all else necessary to restore cement concrete and asphaltic concrete driveways, including sub-base and base course materials. Materials and Methods of Construction Shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards as applicable. 2.3 .4. Non-Paved Driveway Restoration Description This item of work shall include all furnishing of materials, equipment, testing, labor, and all else necessary to restore all non-paved driveways, including sub-base course materials. This item shall include all limerock, shell, cemented-coquina and chattahoochee stone driveways. Materials and Methods of Construction Shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards as applicable. 2 . 3 .5 Sod Descri tion This work shall consist of furnishing materials, equipment, labor and all else necessary to restore areas as shown on plans and/or as directed by the Engineer. Materials and Methods of Construction Shall conform to Section 575 , " Sodding" in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, as applicable . 2.3 .6. Seed & Mulch Restoration Description This work shall consist of furnishing materials, equipment, labor and all else necessary to restore grassed areas where water main and/or Brine mains have been installed. Payment for seed & mulch required for restoration, where water main and/or Brine main have been installed at the centerline of County road rights-of--way shall be included in the appropriate "paving" restoration bid item. 33 2.3 .6. Seed & Mulch Restoration Materials and Methods of Construction Shall conform to Section 570 "Grassing " in the Florida (by Seeding), " Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition and Indian River County Standards as applicable. Water for watering of all seeded areas will be supplied by Indian River County at no cost to the Contractor; however, all labor and equipment necessary for the transportation of all water to seeded areas to be included by the Contractor at his expense under this item. 2 .3 . 7 . General Restoration Description The Contractor shall also be responsible for restoration and repair of all other public and private property and/or structures not otherwise described in these Specifications which are disturbed as a result of this Project. Materials and Methods of Construction Restoration of any and all disturbed public or private property and/or structures not otherwise described in these Specifications, shall be made in accordance with applicable sections of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1998 , and Indian River County Standards. 2.3 . 8 . Trench Restoration Descriptio tThe Contractor shall be responsible for restoration and repair of all public and private property and/or structures which are disturbed as a result of this Project. Materials and Methods of Construction In-kind restoration of any and all disturbed public or private property and/or structures, and shall be made in accordance with applicable sections of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition, and Indian River County Standards . END OF SECTION 34