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Project Manual
PROJECT MANUAL DONNER PARK SPLASH PAD - CDBG 20/21 CITY BID NO. 2223-01 CITY OF ATLANTIC BEACH, FLORIDA 1,,'VJ Prepared by. City of Atlantic Beach DECEMBER 2022 TABLE OF CONTENTS BIDDING REQUIREMENTS ITB Invitation to Bid INB Instructions to Bidders No Bid Form Documents Requirements Checklist W9: Request for Taxpayer Identification Number and Certification BFU BIDFORM BB BIDBOND Drug Free Workplace Certification Sworn Statement on Public EntityCrimes Public Records Provision Form E -Verify Form New Vendor Information Form CONTRACT REQUIREMENTS Standard Form of Agreement Combination Performance and Payment Contract Bond 007215 Standard General Conditions of the Construction Contract SGC Supplementary Conditions to the General Conditions 00 73 20 Special Provisions DIVISION 01: GENERAL REQUIREMENTS 011100 Summary of Work 012973 Schedule of Values 012976 Applications for Payment 013300 Submittals 014100 Regulatory Requirements 014500 Quality Control 01 52 00 Construction Facilities 01 77 00 Project Closeout DIVISION 03: CONCRETE 03 30 00 Cast -in -Place Concrete DIVISION 13: SPECIALTIES 13 12 13 Water Features — Splash Pad DIVISION 31: EARTHWORK 310510 Site Preparation 311100 Clearing and Grubbing 31 20 00 Earth Moving 31 22 00 Grading 312500 Erosion and Sedimentation Controls DIVISION 32: EXTERIOR IMPROVEMENTS 31 9223 Sodding DIVISION 33: UTILITIES 331416 Site Water Utility Distribution Piping 33 14 19 Valves and Hydrants for Water Utility Service 333100 Sanitary Sewerage Piping ATTACHMENT: City Project No. PR2206 Plans Prepared by Hanson Professional Services, Inc. & WET Engineering, Inc. CITY OF ATLANTIC BEACH, FLORIDA INVITATION TO BID Notice is hereby given that the City of Atlantic Beach, Florida, will receive sealed bids, submitted, IN TRIPLICATE, at the Office of the Procurement Manager, City Hall, 800 Seminole Road, Atlantic Beach, Florida, 32233, until 2:45 PM, Wednesday, February 8, 2023 for the Donner Park Splash Pad — CDBG 20/21 project. Thereafter, at 3:00 PM, the bids will be opened in the City Hall Commission Chambers, 800 Seminole Road, Atlantic Beach, FL 32233. Bids shall be enclosed in an envelope endorsed "BID NO. 2223-01: DONNER PARK SPLASH PAD — CDBG 20/21, TO BE OPENED AT 3:00 PM, WEDNESDAY, FEBRUARY 8,2023." Complete Specifications will be posted to the City's site. For more details on how to access this site, please visit www.coab.us/bids or contact the Office of the Procurement Manager, 800 Seminole Road, Atlantic Beach, Florida, 32233, pdrake@coab.us, telephone (904) 247-5880. Bidding documents may be examined at the City's Public Works Department, 1200 Sandpiper Lane, Atlantic Beach, FL. The project consists of furnishing all labor, materials and equipment for the demolition of the existing basketball court, construction of a concrete splash pad, sidewalks, pavers, pipe, fittings, valves and appurtenances as shown on the plans or required to complete the work ready by operation by Owner. All work shall be performed in accordance with the Contract Documents. The City of Atlantic Beach will pre -purchase the Waterplay toys specified in the plans. FEDERAL FUNDING: This Project will be funded partly or in total by the Federal Government. Therefore, Bidders must comply with Title VI of the Civil Rights Act of 1964 (24 CFR, Parts 1 & 2); Title VIII of the Civil Rights Act of 1968 (24 CFR, Part 115); Federal Labor Standards Provisions (HUD 4010); and the Davis - Bacon Act; the Copeland Anti -Kickback Act; and the Contract Work Hours and Safety Standards Act. Bidders are advised to refer to the Federal Regulations of the specifications for more information. A MANDATORY PRE-BID MEETING will be held at 10:30 a.m. on Wednesday, January 18, 2023 at the City Hall Commission Chambers, 800 Seminole Road, Atlantic Beach, FL 32233. At that time any bidder may ask questions concerning the project. Prior to the meeting, all questions shall be directed to the Procurement Manager, Patty Drake, via email at pdrake@coab.us. Attendance is mandatory to submit bid. DOCUMENTS REUIRED TO BE SUBMITTED IN BID PACKAGE: 1. Bids submitted in TRIPLICATE. 2. Signed copy of Documents Requirements Checklist. 3. Bid Form. 4. Bid Bond in the amount of 5% of the bid. 5. Completed Form W-9 Request for Taxpayer Identification Number and Certification. 6. Drug Free Workplace Certification. 7. Public Entity Crimes Statement. 8. Public Records Provision Form. 9. E -Verify Form. 10. New Vendor Information Form. ITB -1 11. Business Tax Receipt (formerly known as Occupational License). 12. Proof of Experience: Bidders shall submit proof of minimum 3 years' of experience with selected similar projects. The company must be registered and permitted to do business in the State of Florida. It shall have been in business and have a record of successful continuous operation for at least three years under the same name and tax identification number. 13. Qualifications: Bidders shall submit proof that they are currently licensed as a General Contractor. 14. Financial: Bidders shall submit copies of their certified financial statements for the past two (2) years. 15. Proof of Insurance: Bidders shall submit Certificate of Insurance, naming the City of Atlantic Beach as Certificate Holder, showing the bidder has obtained and will continue to carry Workers' Compensation, public and private liability and property damage insurance during the life of the contract. 16. Positive References: Bidders shall submit minimum three (3) references, including contact phone numbers and email addresses. from companies or individuals for whom the bidder has performed work during of a comparable size and nature as this project, during the past three years. Provide a brief description of the past/current projects with start and end dates. 17. Agree to Base Bid Specifications: Bidders must submit a signed statement agreeing to conform their bid to the specifications in the City's bid documents. 18. Written confirmation of receipt of any addenda. Failure to complete and return these required forms with the bid submittal will make the bid non- responsive and provide a basis for rejection. All Bids must be made on the forms provided, properly executed, placed in an envelope and mailed or delivered in accordance with this Invitation to Bid. A Performance and Payment Bond will be required of the successful bidder. Bid prices must remain valid for ninety (90) days after the public opening of the bids. Goods and services proposed shall meet all requirements of the Ordinances of the City of Atlantic Beach. The City of Atlantic Beach reserves the right to reject any or all bids or parts of bids, waive informalities and technicalities, make award in whole or in part with or without cause, and to make the award in what is deemed to be in the best interest of the City of Atlantic Beach. ANTI -COLLUSION REQUIREMENT: Under no circumstances shall any prospective proposer, or any person or persons acting for or on behalf of any said prospective bidder, seek to influence or gain the support of any member of the City Commission or the City Staff favorable to the interest of any prospective bidder or seek to influence or gain the support of any member of the City Commission or City Staff against the interest of any prospective bidder. Any such activities shall result in the exclusion of the prospective proposer from consideration by the City. ITB -2 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the convicted vendor list. (Section 287.133(2) (a), FLORIDA STATUTES). An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity, and may not transact business with any public entity. Patricia Drake Procurement Manager ITB -3 INSTRUCTIONS TO BIDDERS 1.01 Definition of Terms A. Bidding Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, Subcontractor List, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. B. Base Bid: The amount stated on the Bid Form for which the bidder offers to perform the Work as described in the Bidding Documents as a base to which Alternate Bid work amounts may be added to or deducted from. C. U nit Price Bid: The amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. D. Addenda: Written and graphic documents issued by the Engineer/Owner prior to the execution of the Contract to modify or interpret the Bidding Documents. 1.02 Bidding Documents A. Complete sets of Bidding Documents may be obtained from the Owner as stated in the Invitation to Bid. Complete sets of Bidding Documents shall be used by bidders in preparation of Bids; neither the Owner nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Addenda — any changes to the Bidding Documents occurring after the Mandatory Pre -Bid Meeting will be posted on the City website, and e-mail notification will be sent to all eligible bidders. It is the bidder's responsibility to retrieve addenda from the City website and to review modifications and base bids on the most recent information. 1.03 Examination of Documents and Site A. Bidders shall visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. B. The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on the site. The bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. C. Bidders shall examine existing site improvements, existing buildings, utilities, and streets to determine all conditions which will affect the work. D. Bidders are advised that no soils investigations have been performed for this project. The bidder may elect to provide his own soils investigation prior to bid, to determine the conditions affecting the work. I N B-1 1.04 Interpretation of Bidding Documents A. All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the Owner at least 5 days prior to the date for receipt of bids. Direct all requests to the Procurement Manager, Patty Drake, via email at '(e cr B. Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the City as having received a complete set of Bidding Documents. C. Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. D. A bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge their receipt in the Bid Form. 1.05 Pre -Bid Meeting A. A MANDATORY PRE-BID MEETING will be held at 10:30 a.m. on Wednesday, January 18, 2023, at the City Hall Commission Chambers, 800 Seminole Road, Atlantic Beach, FL. At that time bidders may ask questions concerning the project. B. The Owner will review the entire project, including plans and specifications, and answer any and all questions from the potential bidders. Any major modifications or interpretations of the plans or specifications shall be included in a project addendum. Prior to the meeting, all questions related to the project shall be directed to the Procurement Manager, Patty Drake, via e-mail at pdrake@coab.L . Examinations of documents shall be completed prior to the Pre -Bid Meeting. 1.06 Substitutions A. Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. B. Requests for substitutions will be considered prior to receipt of bids if they reach the Owner at least ten (10) days prior to the date for receipt of bids and are submitted in accordance with Contract Documents. C. Acceptance by the Owner of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form. D. Evaluations and reviews by the Owner of proposed substitutions shall be considered as additional services to the Owner. Bidders, suppliers and manufacturers shall reimburse the Owner directly for additional service charges of the Owner and their consultants for such additional evaluations and reviews. 1.07 Bid Preparation A. Prepare bids on the forms provided by the Owner with all blanks on the Bid Form filled in by typewriter or written in ink. I N B-2 B. State bid unit price and bid amounts. In case of a discrepancy between the two, the bid unit price shall govern. C. Bids shall include the legal name and address of the bidder and indicate whether the bidder is a sole proprietor, a partnership, a corporation, or some other legal entity. 1. Individual: Provide name and post office address. 2. Partnership: Provide name and post office address of each member of the partnership. 3. Corporation: Provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. D. Lump Sum and Unit Price Bids requested on the Bid Form shall be bid. 1.08 Bid Submittal A. Submit three copies of the Bid Form, the bid security, the list of Subcontractors, and other requested attachments, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Invitation to Bid. The envelope shall be further identified with the Project name, the bidder's name and address, and the words "BID ENCLOSED". Deposit Bids at the designated location on or before the time and date for receipt of bids indicated in the Invitation to Bid. Bids received after the time and date indicated for receipt of bids will be returned unopened. 1.09 Bid Security A. Each Bid shall be accompanied by a cashier's check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5%) of the amount of the total Bid. B. Failure of the successful bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. C. Should a Bid Bond be used, acceptable Surety companies shall be determined from the latest United States Treasury Department's list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. D. The Owner may retain the bid security of those bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. 1.10 Modification and Withdrawal of Bid A. Prior to the time of bid opening, a bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. INB-3 B. After the bid opening, no Bid may be withdrawn, canceled or modified for a period of ninety (90) days after the time and date designated for the receipt of bids. 1.11 Opening of Bids A. Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids. B. The City of Atlantic Beach reserves the right to postpone the date and time announced for opening of bids. Such postponement may be made at any time prior to the time announced for the opening of bids; City of Atlantic Beach will give written notice of any such postponement to each party to whom bid documents have been issued, followed by issuance of an addendum confirming the changing of the announced date and time for opening of bids. 1.12 Governing Laws and Regulations A. Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. B. Public Entity Crimes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.C17, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. (Section 287.133(2), FLORIDA STATUTES) C. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (Section 287.134 FLORIDA STATUTUES). D. FEDERAL FUNDING: This project will be funded partly or in total by the Federal Government. Therefore, Bidders must comply with Title VI of the Civil Rights Act of 1964 (24 CFR, parts 1 & 2); Title VIII of the Civil Rights Act of 1968 (24 CFR, part 115); Federal Labor Standards Provisions (HUD 4010); and the Davis Bacon Act; the Copeland Anti -Kickback Act; and the Contract Work Hours and Safety Standards Act. Bidders are advised to refer to Federal Regulations of the Specifications for more information. I N B-4 1.13 Liquidated Damages A. The Owner will incur financial loss if the Work is not substantially complete by the date set forth in the Bid Form. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 1.14 Performance Bond and Labor and Material Payment Bond A. With the execution and delivery of the Contract, the bidder shall furnish the following Surety bonds of the forms contained herein: 1. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent (100%) of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. 2. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to one hundred percent (100%) of the Contract Sum. B. Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. C. Bonds executed by an Attorney -in -Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 1.15 Subcontractor List A. In conjunction with the Bid Form, bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Work. Submit list on form provided by the Owner. Prior to award of Contract, the Owner will notify the bidder in writing if the Owner has an objection to any person or entity listed. Upon such reasonable objection, the bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. 1.16 Contract Award and Execution A. Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. B. It is the intent of the Owner to award a Contract to the lowest responsible bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. INB-5 C. Upon acceptance of a Bid and award of Contract, the successful bidder shall deliver the executed Contract, along with required bonds and any other items requested, to the Owner within ten (10) days. Failure to do so will be deemed as a breach of agreement by the bidder and result in forfeiture of bid security as described in the Instructions to Bidders. D. Failure on the part of the successful bidder to execute the Contract as required or to perform under the Purchase Order will be cause for the annulment of the award and, in the event of annulment of the award, the bidder shall forfeit the bid guaranty. The award may thereafter be made to the next lowest acceptable bidder, or the work re- advertised as the City Commission may elect. 1.17 Preconstruction Conference A. Before starting any construction work on this project, a conference will be held in the Owner's office for the purpose of verifying general procedures, reviewing schedules and traffic plans, and other items as described in the specifications and General Conditions. B. Present at the conference shall be representatives of the Owner, a responsible representative of the Contractor, Resident Observer, Job Superintendent, major subcontractors, and representatives of private utilities, if applicable. 1.18 Unable to Bid A. If the Contractor cannot submit a bid at this time, the City requests they complete the No Bid Form. If not submitting a bid, do not return the entire bid package, but only the completed No Bid Form to Ms. Patty Drake, Procurement Manager, 800 Seminole Road, Atlantic Beach, Florida 32233 or email pdrake@coal END OF SECTION I N B-6 CITY OF ATLANTIC BEACH, FLORIDA INVITATION TO BID BID No. 2223-01 NO RID FORM If your firm cannot submit a bid at this time, please provide the information requested in the space provided below and return to: Patty Drake, Procurement Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 email: pdrake@coab.us We have received the Invitation to Bid for City Bid No. 2223-01: Donner Park Splash Pad — CDBG 20/21, opening February 8, 2023. We are unable to submit a bid at this time for the following reasons: Name of Firm: Address: Name and Title: Signature: CITY BID NO. 2223-01 DOCUMENTS REQUIREMENTS CHECKLIST ALL REQUIRED DOCUMENTS, AS LISTED BELOW MUST BE SUBMITTED IN BID PACKAGE AT BID OPENING ❑ Bids submitted in TRIPLICATE. ❑ Signed copy of Documents Requirements Checklist. ❑ Bid Form. ❑ Bid Bond in the amount of 5% of the bid. ❑ Completed Form W-9 Request for Taxpayer Identification Number and Certification. ❑ Drug Free Workplace Certification. ❑ Public Entity Crimes Statement. ❑ Public Records Provision Form. ❑ E -Verify Form. ❑ New Vendor Information Form. ❑ Business Tax Receipt (formerly known as Occupational License). ❑ Proof of Experience: Bidders shall submit proof of minimum 3 years' of experience with selected similar projects. The company must be registered and permitted to do business in the State of Florida. It shall have been in business and have a record of successful continuous operation for at least three years under the same name and tax identification number. ❑ Qualifications: Bidders shall submit proof that they are currently licensed as a General Contractor. ❑ Financial: Bidders shall submit copies of their certified financial statements for the past two (2) years. ❑ Proof of Insurance: Bidders shall submit Certificate of Insurance, naming the City of Atlantic Beach as Certificate Holder, showing the bidder has obtained and will continue to carry Workers' Compensation, public and private liability and property damage insurance during the life of the contract. ❑ Positive References: Bidders shall submit minimum three (3) references, including contact phone numbers and email addresses, from companies or individuals for whom the bidder has performed work of a comparable size and nature as this project, during the past three years. Provide a brief description of the past/current projects with start and end dates. ❑ Agree to Base Bid Specifications: Bidders must submit a signed statement agreeing to conform their bid to the specifications in the City's bid documents. ❑ Written confirmation of receipt of any addenda. The above requirements have been noted and are understood by the bidder. I understand that failure to submit an item listed above may result in rejection of this bid. SIGNATURE: COMPANY: PHONE: PRINT: ADDRESS: FAX: EMAIL: DATE: Form W.9 Request for Taxpayer Give Form to the (Rev. August 201T Identification Number and Certification requester. Do not Department of the Treasury Send t0 the IRS. Internal Revenue Service Name (as shown on your income tax return) Business name/disregarded entity name, if different from above N N W n Check appropriate box for federal tax classification: Exemptions (see instructions): c H Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate CL p Exempt payee code (if any) u Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) a Exemption from FATCA reporting code (if any) C H — IL 11 EJ Other (see Instructions) a — v Address (number, street, and apt. or suite no.) Requesters name and address (optional) m a m City, state, and ZIP code m rn List account number(s) here (optional) T M er idetiff ti Nu b r J1JN Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a —� TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. ,Certification rner Pena ies o pepury, c i that- 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Signf Signature of Here I U.S. person a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.govfor information about Form W-9, at www.irs.cov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership income from a U.S. trade or business is not subject to the Date a withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requesters form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, - An estate (other than a foreign estate), or - A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Form W-9 (Rev. 8-2013) In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, - In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and - In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that species the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships on page 1. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Page 2 Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporafion that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name/disregarded entity name" line. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulation section 301.7701-2(c)(2)(iii). Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on the "Name" line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disregarded entity name" line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Note. Check the appropriate box for the U.S. federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name/disregarded entity name" line. Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on page 3. Form W-9 (Rev. 8-2013) Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes identify payees that are exempt from backup withholding: 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) 9 the account satisfies the requirements of section 401(0(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11 A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup Withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment Is for ... I THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 52 Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this forth for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this forth if you are uncertain if the financial institution is subject to these requirements. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities CA state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state Page 3 G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) JA bank as defined in section 581 K A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. Seethe chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.,:ov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.aov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.govor by calling 1 -800 - TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Form W-9 (Rev. &2013) What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first 9. Corporation or LLC electing individual on the account ' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee ' trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under The partnership state law The broker or nominee 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor* Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity ' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.6714(b)(2)(i)(B)) Page 4 Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: - Protect your SSN, - Ensure your employer is protecting your SSN, and - Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-7774778 orTTYrrDD 1-800-8294059. Protect yourselffrom suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishina@irs.aov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spamtWuce.yovorcontact them at www.ftc.r7ov17dtheftor 1-877- IDTHEFT (1-877-438-4338). Visit IRS.govto learn more about identity theft and how to reduce your risk List first and circle the name of the person whose number you fumish. If only one person on a joint account has an SSN, that person's number must be furnished. 2Cirde the minor's name and furnish the minor's SSN. 3You must show your individual name and you may also enter your business or "DBA" name on the "Business nameldisregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and drde the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. *Note. Grantor also must provide a Form W-9 to trustee of trust Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terodsm. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. BID FORM DONNER PARK SPLASH PAD — CDBG 20/21 CITY BID NO. 2223-01 CITY OF ATLANTIC BEACH December 2022 ENGINEERS PROJECT NO: 221-0188 BFU-1 ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, orfor such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained BFU-2 from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. Forthe purposes of this Paragraph 4.01.1): 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and BFU-3 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): CITY BID NO. 2223-01: DONNER PARK SPLASH PAD — CDBG 20/21 BID FORM BID ITEM Item Description MOBILIZATION AS -BUILT DRAWINGS DEMOLITION OF EXISTING CONCRETE PAVEMENT SITE WORK SEDIMENT BARRIER Unit I Quantity I Unit Cost Extended Cost 1 LS 1 2 LS 1 3 SY 344 4 AC 0.3 5 LF 944 6 TREE PROTECTION LF 255 7 PERFORMANCE TURF, SOD SY 574 8 EMBANKMENT CY 77 9 16'x 16' GABLE ROOF SHELTER EA 1 10 WOODEN BOARD -ON -BOARD FENCE, 6' LF 74 11 WOODEN BOARD -ON -BOARD FENCE GATE, 6' EA 1 12 CONCRETE SIDEWALK, DRIVEWAYS AND SLABS, 5" THICK SY 133 13 CONCRETE PAVERS SY 88 14 12" x 18" RIBBON CURB PAVER SEATWALL LF 192 15 LF 90 16 4' ALUMINUM FENCE LF 202 17 4' ALUMINUM SWING GATE, 5' WIDE EA 1 18 PRE -FABRICATED SHOWER ASSEMBLY EA 1 19 6" x 6" WOODEN BOLLARD EA 5 20 3/8" GALVANIZED STEEL CHAIN LF 15 21 6" x 2" TAP EA 1 BFU-4 BID FORM (continued) BID ITEM Item Description 2" GATE VALVE WITH BOX Unit Quantity Unit Cost Extended Cost 22 EA 1 23 2" DR -18 PVC PIPE LF 62 24 1" BACKFLOW PREVENTER EA 1 25 1" WATER METER 2" x 1" REDUCER EA 1 26 EA 2 27 2" x 1" TEE 28 1" POLY TUBING EA 1 LF 84 29 NYLOPLAST 12" DRAIN BASIN W/CONCRETE SPLASH SLAB 30 8" SDR -26 DRAIN PIPE EA 1 LF 124 31 8" WYE & CLEANOUT EA 3 32 CORE & CONNECT 8" PVC PIPE TO EXISTING DBI EA 1 TOTAL BASE BID (ITEMS 1-32) 10% CONTINGENCY OF BASE BID GRAND TOTAL (TOTAL BASE BID + 10% CONTINGENCY) Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely forthe purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6 —TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 —ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; BFU-5 D. List of Project References; E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting Attachments A through 0 G. Submit sealed bids including one original copy, four (4) identical paper copies, and one (1) electronic copy in pdf format on USB or CD. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK BFU-6 ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] By: [Signature] [Printed name] (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Submittal Date: Address for giving notices: Telephone Number: Fax Number: Contact Name: Contact e-mail address: Bidder's License No.: END OF SECTION BFU-7 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as Owner, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors, and assigns. Signed this day of .2023. The condition of the above obligation is such that whereas the Principal has submitted to the City of Atlantic Beach a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Donner Park Splash Pad — CDBG 20/21, City Bid No. 2223-01. NOW, THEREFORE, (1) If said Bid shall be rejected, or in the alternate, (2) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of the Construction Agreement attached hereto (properly completed in accordance with said Bid) and shall furnish a Bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for all and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their proper officers, the day and year first set forth above. Principal Surety By- SEAL BB -1 DRUG FREE WORKPLACE CERTIFICATE Section 287.087, Florida Statues, effective January 1, 1991, specifies that preference must be given to vendors submitting a certification with their bid/proposal certifying they have a drug free workplace. This requirement affects all public entities of the State and is as follows: Identical Tie Bids: Preference shall be given to business with drugfree workplace programs. Whenever two or more bids which are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug free workplace program. In order to have a drugfree workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drugfree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurrence in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drugfree workplace through implementation of this section. As the person authorized to sign the statement, l certify that this firm complies fully with the above requirements. Vendor's Signature Date SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by (print individual's name and title) (print name of public entity) for (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include a Social Security Number of the individual signing this sworn statement I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of the entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) I UNDERSTANDTHAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her (name of individual signing) signature in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, laws of Florida Section 119.0701. Public Records (a) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, 0I3AKTLE@C0AB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt for public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 119.10 and s. 119.0701(4), Florida Statutes. Signed: Company: PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida This is to confirm that we have received the Public Records Provisions Print: Phone: E -Mail: Date: ENERIFY FORM Project Name: Project No.: Definitions: Z w. W "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public o employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. 3. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and c) Should vendor become successful Contractor awarded for the above-named project, by entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. 0 om an Name: uthorized Signature: ° Drint Name: Z 1 Fitle o ate: U z hone: Q � mail: 0 U ebsite: E -VERIFY 1) Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. 2) Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of the E -verify system in order to verify the work authorization status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Atlantic Beach, Florida; and c) By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility, " as amended from time to time. This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. City of Atlantic Beach 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5880 FAX: (904) 247-5819 WWW.COAB.US New Vendor Information Request Form Please complete and return with all other bid documents Vendor Name (as it should appear on Purchase Orders and Check Payments) Remit To Address Physical Address (if different from remittance) Company Phone: Company Website: Point Of Contact Information: Name: E -Mail Address: Phone: Fax: Company Fax: Should Purchase Orders be faxed or e-mailed? Provide correct information for either choice. How did you learn of this Bid/RFP (check one)? Financial News & Daily Record City's Website Faxed/E-mailed Announcement Other (please specify): EJCDC STANDARD FORM OF AGREEMENT BETWEEN Owner AND Contractor ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year of 2023 by and between the City of Atlantic Beach, Florida (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 Work A. Contractor shall complete all Work as specified or indicated in the Contract Documents for the Donner Park Splash Pad — CDBG 20/21, City Bid No. 2223-01. The project consists of furnishing all labor, materials and equipment for the demolition of the existing basketball court, construction of a concrete splash pad, sidewalks, pavers, pipe, fittings, valves and appurtenances as shown on the plans or required to complete the work ready by operation by Owner. All work shall be performed in accordance with the Contract Documents. The City of Atlantic Beach will pre -purchase the Waterplay toys specified in the plans. 1.02 Engineer A. The Project will be monitored by the Owner or his designated representative, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.03 Contract Time A. The Work will be completed and ready for substantial completion within one hundred eighty (180) calendar days after written Notice to Proceed in accordance with paragraph 15.03 of the General Conditions. B. 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 1.03(A) above, plus any extensions thereof allowed in accordance with Article it of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration 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 (but not as a penalty) Contractor shall pay Owner two hundred dollars ($200.00) for each day that expires after the time specified in paragraph 1.03(A) for final completion until the Work is completed. 1.04 Contract Price A. Owner shall pay Contractorfor completion of the Work in accordance with the awarded contractor's Bid Form. 1.05 Payment Procedures A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by the Owner as provided in the General Conditions. 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. All progress payments will be on the basis of the number of units completed. a. Prior to 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 15.01 of the General Conditions. Ninety percent (90%) of Work completed. One hundred percent (100%) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 15.01 of the General Conditions). B. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 15.06. 1.06 Interest A. All moneys not paid when due as provided in Article 15 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. 1.07 Contractor's Representations A. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 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. 2. Contractor has studied carefully any reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 5.03 of the General Conditions, and accepts the determination set forth in paragraph SC 5.03 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Contractor is entitled to reply. 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 1.07(A)(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 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 5.03 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. 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 5.04 of the General Conditions. 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. 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. 1.08 Contract Documents A. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 1. This Agreement (pages 1 to 5, inclusive) 2. Performance and other Bonds (consisting of 2 pages) 3. Notice of Award 4. General Conditions (pages 1 to 58, inclusive) 5. Supplementary Conditions (pages SGC -1 to SGC -5, inclusive) 6. Special Provisions (pages 00 73 20-1 to 00 73 20-10, inclusive) 7. Engineered Drawings 8. Addenda 9. Contractor's Bid (pages BFU-1 to BFU-7, inclusive) 7. Documentation submitted by Contractor prior to Notice of Award 8. 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 3.05 and 11.01 of the General Conditions. 1.09 Miscellaneous A. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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. C. 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. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. 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 OWNER City of Atlantic Beach 2023. By. i By. [CORPORATE SEAL] Attest: Attest: Address for giving notices: 1200 Sandpiper Lane Atlantic Beach, FL 32233 (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) CONTRACTOR [CORPORATE SEAL] Address for giving notices: License No. Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign.) COMBINATION PERFORMANCE AND PAYMENT CONTRACT BOND (100% Performance Bond and 100% Payment Bond) STATE OF FLORIDA COUNTY OF BY THIS BOND, We, principal business address is whose principal address is BOND NO. _ a Florida corporation, whose as Principal, and corporation, as Surety, are bound to the City of Atlantic Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, whose principal address is 1200 Sandpiper Lane, Atlantic Beach, FL 32233, herein called Owner, in the sum of $ for payment of which we bid ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 2023, between Principal and Owner for the Donner Park Splash Pad — CDBG 20/21, City Bid No. 2223-01. The project consists of furnishing all labor, materials and equipment for the demolition of the existing basketball court, construction of a concrete splash pad, sidewalks, pavers, pipe, fittings, valves and appurtenances as shown on the plans or required to complete the work ready by operation by Owner. All work shall be performed in accordance with the Contract Documents. The City of Atlantic Beach will pre -purchase the Waterplay toys specified in the plans; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void, otherwise it remains in full force. 5. This bond is intended to, and does, constitute the following: (a) A Performance Bond in the amount of $ (representing 100% of the contract price) to secure the Principal's performance of the contract as herein stated; and in addition, (b) A Payment Bond in the amount of $ (representing 100% of the contract price) to secure the Principal's payments to all claimants as herein stated. 6. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. 7. The herein named Surety hereby represents and warrants to the Owner that said Surety is authorized to do business in the State of Florida as a Surety. 8. This bond is executed pursuant to the provisions of Section 255.05, Florida Statutes, and specific reference is hereby made to the notice and time limitation provisions of said Section. DATED ON: . 2023. Witnessed by: Witnessed by: A Florida corporation, as Principal By: _ (Title) (CORPORATE SEAL) a corporation as Surety By: (Type Name) ATTESTED BY: (Title) (CORPORATE SEAL) COUNTERSIGNATURE: By: Florida Resident Agent STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by EJ C -1/D C`�- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ISSted andPubished bintly by ACEC AMERICAN COUNCIL OF EN61NFERING CONIFANIFS' ".! National Society of Professional Engineers® EJCDC" C-700 (Rev.1),Standard General Conditions of the Construction Contract, Copyright® 2013 NationalSociety of Professional EngineersAmerican Council of Engineering Companies, and American Society of Civil Engineers. Allrights reserved. Page 1 of 5E [0072150] Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.elcdc.orig or from any of the sponsoring organizations above. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 58 [007215D] STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology........................................................................................................................7 1.01 Defined Terms......................................................................................................................................7 1.02 Terminology........................................................................................................................................10 Article2 — Preliminary Matters....................................................................................................................................11 2.01 Delivery of Bonds and Evidence of Insurance.....................................................................................11 2.02 Copies of Documents..........................................................................................................................11 2.03 Before Starting Construction..............................................................................................................11 2.04 Preconstruction Conference; Designation of Authorized Representatives........................................11 2.05 Initial Acceptance of Schedules..........................................................................................................12 2.06 Electronic Transmittals.......................................................................................................................12 Article 3 — Documents: Intent, Requirements, Reuse.................................................................................................12 Reference Points.................................................................................................................................14 3.01 Intent..................................................................................................................................................12 Progress Schedule...............................................................................................................................14 3.02 Reference Standards..........................................................................................................................12 Delays in Contractor's Progress..........................................................................................................15 3.03 Reporting and Resolving Discrepancies..............................................................................................13 3.04 Requirements of the Contract Documents.........................................................................................13 3.05 Reuse of Documents...........................................................................................................................14 Article 4 — Commencement and Progress of the Work...............................................................................................14 4.01 Commencement of Contract Times; Notice to Proceed.....................................................................14 4.02 Starting the Work...............................................................................................................................14 4.03 Reference Points.................................................................................................................................14 4.04 Progress Schedule...............................................................................................................................14 4.05 Delays in Contractor's Progress..........................................................................................................15 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions ...........15 5.01 Availability of Lands............................................................................................................................15 5.02 Use of Site and Other Areas...............................................................................................................16 5.03 Subsurface and Physical Conditions...................................................................................................16 5.04 Differing Subsurface or Physical Conditions.......................................................................................17 5.05 Underground Facilities.......................................................................................................................18 5.06 Hazardous Environmental Conditions at Site.....................................................................................19 Article6 — Bonds and Insurance..................................................................................................................................21 6.01 Performance, Payment, and Other Bonds..........................................................................................21 6.02 Insurance—General Provisions...........................................................................................................21 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 58 [007215D] 6l8 Cnn�a�o�s|n�umnce--___-__' -------~--------------------.22 _______________----_24 ......... 6.04 Owne/sUabi\Ky\nsumnce----_'_''_ � ____._____________________'24 6.05 Prupa�Y\nsurance----------��.�� 6.06VVa�erofR�ht------------ ______---26 App|)ca�unufprope�x|no^ra�ePruceeo�---'---'_____________.Z7 G/D Receipt and A���7- sRespons�»mex-------- -----------'----- _______________________----.27 7/]1 Supe�\�onand 5upen»ze»on"=--'.'-..________________________-----Z7 7�Z LabucVVorkngn««o---------- __________________--.J7 7l8 5er�ce�W1uteh��and Equ�ment--.'.....�''�---............................... 27 7.04 "Or Equals "................................. --' -__-28 U 7l5 Substitutes ..................... ---------..................................... and Others ------- Cuncen�ngSub:ont��mn�Suppoer� .'.' 30 7�6 ___________-.3O 7l7 Patent Fees and RnYames-------..�.�___________________________---31 7.08 Permits~------------~--' �1 7.09 Taxes -----.------------__----.__' ................................ 710 Laws and Regu�do»s—............................. ~ 721 RecordDocuments ............................ ________~____----3J 7.12 Saf�yandPrutecnon---------' 713 6a��/Pepresentanve----------' ________32 33 �____________________---- 714 HazardCommun�a�onPrograms ---..�'-.-''___________________----' 33 7.15 Emer�mces---------------� ___________----33 Dmwing�Samp)e�and other Submntu�--------...-��_______________. 35 7.16 Shop [unt��o�sGeneral VVar�myand Guarantee ---__-_______________.35 7.17 7.18 \ndemn\hcaton----~------' -----~-----' ........................................... ofp,o�u�on��eu�»�e��e�---------� _____ Delegation_______________________----_ 36 7.19 A�ide8-OtherVVor ot�he6�o_-________��____________________----_____36 8.01 OtherVVur-------~-----'�.__,____________________---__-37 80,) Coorinabnn--------------___.______________________----.37 gI8 �e�am�adongn`Pa----------'� ......................................................__________---.3D A�\de9-O�no��Re�pons�|)me»----------'______________________-----___3D 9J}l [ommun�a�nns*»Cono*u".----.� nfEn�neer-------_-_- ________________---_.3O 9.02 Replacement__.________-----_ 38 9l8 Furn�hData---------- �u _-' 9.04 Pay VVhenDue ------------' .................. 38 Lands and Easements; Reports,Tests andDrawings.... 9l5 ----------------- 9.06�sur»ce---_---------.________--____. 38 9.07 Change Orders --... ns Of the construction contract- - --- oCoc c+v»�°~^^~~'--- American Council m»r rzom m�mn�sm:�/mp«�«�mna/cn�n«�� «mso ��n�m��f Civil Engineers. m� _-------- --__- _---- 9.08 Inspections, Tests, and Approvals......................................................................................................38 9.09 Limitations on Owner's Responsibilities.............................................................................................38 9.10 Undisclosed Hazardous Environmental Condition.............................................................................39 9.11 Evidence of Financial Arrangements..................................................................................................39 9.12 Safety Programs..................................................................................................................................39 Article 10 - Engineer's Status During Construction.....................................................................................................39 10.01 Owner's Representative.....................................................................................................................39 10.02 Visits to Site........................................................................................................................................39 10.03 Project Representative.......................................................................................................................39 10.04 Rejecting Defective Work...................................................................................................................39 10.05 Shop Drawings, Change Orders and Payments..................................................................................39 10.06 Determinations for Unit Price Work...................................................................................................40 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work...............................40 10.08 Limitations on Engineer's Authority and Responsibilities..................................................................40 10.09 Compliance with Safety Program.......................................................................................................40 Article 11- Amending the Contract Documents; Changes in the Work.....................................................................40 11.01 Amending and Supplementing Contract Documents.........................................................................40 11.02 Owner -Authorized Changes in the Work............................................................................................41 11.03 Unauthorized Changes in the Work....................................................................................................41 11.04 Change of Contract Price....................................................................................................................41 11.05 Change of Contract Times..................................................................................................................42 11.06 Change Proposals...............................................................................................................................42 11.07 Execution of Change Orders...............................................................................................................43 11.08 Notification to Surety.........................................................................................................................43 Article12 - Claims .......................................................................................................................................................43 12.01 Claims.................................................................................................................................................43 Article 13 - Cost of the Work; Allowances; Unit Price Work.......................................................................................44 13.01 Cost of the Work.................................................................................................................................44 13.02 Allowances..........................................................................................................................................46 13.03 Unit Price Work..................................................................................................................................47 Article 14 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................................47 14.01 Access to Work...................................................................................................................................47 14.02 Tests, Inspections, and Approvals......................................................................................................47 14.03 Defective Work...................................................................................................................................48 14.04 Acceptance of Defective Work...........................................................................................................49 14.05 Uncovering Work................................................................................................................................49 14.06 Owner May Stop the Work.................................................................................................................49 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page S of 58 ]007215D] 14.07 Owner May Correct Defective Work..................................................................................................49 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period.........................................................50 15.01 Progress Payments.............................................................................................................................50 15.02 Contractor's Warranty of Title............................................................................................................52 15.03 Substantial Completion......................................................................................................................52 15.04 Partial Use or Occupancy....................................................................................................... .............53 15.05 Final Inspection...................................................................................................................................53 15.06 Final Payment.....................................................................................................................................54 15.07 Waiver of Claims.................................................................................................................................54 15.08 Correction Period................................................................................................................................55 Article 16 — Suspension of Work and Termination......................................................................................................55 16.01 Owner May Suspend Work.................................................................................................................55 16.02 Owner May Terminate for Cause.......................................................................................................56 16.03 Owner May Terminate For Convenience............................................................................................56 16.04 Contractor May Stop Work or Terminate...........................................................................................57 Article17 — Final Resolution of Disputes.....................................................................................................................57 17.01 Methods and Procedures...................................................................................................................57 Article18 — Miscellaneous ...........................................................................................................................................57 18.01 Giving Notice......................................................................................................................................57 18.02 Computation of Times........................................................................................................................58 18.03 Cumulative Remedies.........................................................................................................................58 18.04 Limitation of Damages........................................................................................................................58 18.05 No Waiver...........................................................................................................................................58 18.06 Survival of Obligations........................................................................................................................58 18.07 Controlling Law...................................................................................................................................58 18.08 Headings....................................................... ......................................................................................58 EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 58 [007215D] ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. S. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 58 [007215D] 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 24. Liens—Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 58 [007215D] General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34.. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 o 58 [007215D] telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or C. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 58 [007215D] 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 58 [007215D] individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 — DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 58 [007215D] 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. Contracto✓s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 58 [007215D] C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 58 [007215D] during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 58 [007215D] C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 58 [007215D] such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owners obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineers written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractors cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 58 [007215D] b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or C. Contractor failed to give the written notice as required by Paragraph 5.04.A. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 58 [007215D] recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 58 [007215D] 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.6, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 58 [007215D] J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—Genera! Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of S8 [007215D] establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements, required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractoes Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 58 [007215D] C. Commercial General Liability—Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 1010 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 58 [007215D] I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 58 [007215D] cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® C-700 (Rev. l), Standard General Conditions of the Construction Contract. Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 25 of 58 [ 007215D] 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 58 [007215DI ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 58 [007215D] 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or - equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or- equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 58 [007215D] 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. C. will identify: 1) all variations of the proposed substitute item from that specified, and 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC® C-700 (Rev. S), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 58 [007215D] E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. 0. Nothing in the Contract Documents: shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright OO 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 58 [ 007215D] any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. EJCDC® C-700 iRev.1), standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 58 [ 007215D] 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. MW C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Societyof Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 58 [007215D] 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. EJCDC• C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 58 [007215D] b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 58 [007215D] 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; S. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 58 I007215D] C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 58 [007215D] excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; an itemization of the specific matters to be covered by such authority and responsibility; and the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 58 (007215D] utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. Owners responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractors means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractors failure to perform the Work in accordance with the Contract Documents. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 58 [007215D] 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. EJCW& C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 58 [007215D] B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 58 [007215D] A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner -Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of S8 [007215D] 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.13.3, the Contractor's fee shall be five percent,- c. ercent;c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.8.4, 13.01.8.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor EJCDO C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 58 [007215D] shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 58 [007215D] 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost- plus -fee, time -and -materials, or other cost -based terms; or EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 58 [007215D] 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. C. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 58 [007215D] Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch.offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 58 [007215D] 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; there is no corresponding adjustment with respect to any other item of Work; and Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be EJCDO C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 58 [007215D] furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents. expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 58 [007215D] 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respectto the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 58 [007215D] and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set -offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost - based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineer:, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 58 [007215D] and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2- 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 58 [007215D] losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; C. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 58 [007215n] provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 58 [007215D] 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; C. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after E1CDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54of 58 [007215D] final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 —SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 58 [007215D] 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractors disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractors repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. Where Contractors services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.15 and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 58 [007215D] 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May, Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of S8 [007215D] 18.02 Computation of Times A. When any period of time is referred to in the Contract 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. 18.03 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. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 58 [007215D] SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements modify, change from or add to the Standard General Conditions of the Construction Contract, EJCDC Document C-700 (REV. 1). Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions shall remain in effect. ARTICLE 1 DEFINITIONS AND TERMINOLOGY Add the following terms: "ARCHITECT/ENGINEER - As used in the Project Manual, the person, firm or corporation named as the ENGINEER in the Agreement." "Provide - As used in the Project Manual, means to furnish and install, complete and ready for intended use." "Product - As used in the Project Manual includes materials, fabrications, systems and equipment." ARTICLE 2 PRELIMINARY MATTERS Delete Paragraph 2.02.A, Copies of Documents, and replace with the following: 2.02.A The Owner shall furnish the Contractor two (2) copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. (moved to new Article 4)Add the following to Paragraph 2.03: 4. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. A. By executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents. ARTICLE 3 DOCUMENTS: INTENT, REQUIREMENTS, REUSE Add the following sentence to Paragraph 3.01: SGC -1 "CONTRACTOR shall be responsible for the construction and coordination of the parts, and all systems shall be completely compatible and fully functional without additional cost to OWNER." Add the following to Paragraph 3.02: B. Sections of Division One - General Requirements govern the execution of all sections of the Specifications. ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK Delete Paragraph 4.01, Commencement of Contract Times; Notice to Proceed, and replace with the following: 4.01 The date of commencement of the Work is the date established in a Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER - CONTRACTOR Agreement or such other date as may be established therein. ARTICLE 5 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS In the first line of Paragraph 5.03A, change the term "...Supplementary Conditions..." to read "...Geotechnical work...". A. Replace with the following: Contractor's responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the site is based on information and data in the owners or furnished by other utility companies unless it is expressly provided in the Supplementary Conditions: Delete sections 5.05C thru 5.05F and substitute the following: 5.05C Underground utilities are expected to be different than information shown on the drawings. Contractor must uncover utilities well in advance of construction activities so that adjustments in construction can be made without rework. No time extension or time associated cost will be allowed by failure to uncover and examine existing utilities in adequate time for adjustment. 5.05D Actual increases in the work such as additional fittings, excavation, manholes caused by unanticipated utilities will be compensated at the unit prices contained in the contract or by a negotiated lump sum. No time or cost for time associated with Contractor's failure to locate existing facilities in adequate advanced time of construction will be allowed. 5.05E The Contractor has the responsibility to coordinate adjustment and relocation of utilities necessitated by the work if such relocation is shown on the Contract drawings or not shown on the contract drawings or in conflict with the finished construction. SGC -2 ARTICLE 6 BONDS AND INSURANCE Add the following to Paragraph 6.03.C.2: A. Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: • Premises Operations (including X, C and U coverage as applicable). • Independent Contractor's Protective. • Products and Completed Operations. • Owned, non -owned and hired motor vehicles. B. The limits of liability for the insurance required shall provide coverage for not less than the following amounts. A. Workers' Compensation: 1. State........................................................................................Statutory 2. Applicable Federal (e.g. Longshoreman's and/or Maritime) .Statutory 3. Employer's Liability ............................................ Limits Provided Below B. Comprehensive General Liability.......................................................................$500,000 each person Bodily Injury Including Death ..........................$1,000,000 each occurrence Property Damage ................................................ $500,000 each occurrence $1,000,000 aggregate C. Comprehensive Auto Liability .................................... $500,000 each person Bodily Injury Including Death ............................. $500,000 each occurrence Property Damage (with X, C and U coverage) ........ $200,000 each accident C. Property Damage Liability Insurance shall provide X, C and U coverage. D. Broad Form Property Damage Coverage shall include Completed Operations. E. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insureds on Contractor's General Liability Policy. Add the following names: OWNER: City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 ENGINEER: Same as OWNER, unless directed otherwise. SGC -3 The additional liability coverage for ENGINEER is not to be construed as to requiring, in any way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting the Design Engineer for its liability emanating from professional errors or omissions. 9. The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, he will require the Subcontractor(s) to carry insurance as required and that he will require the Subcontractor(s) to furnish to him insurance certificates similar to those required by the OWNER in 1 above. 10. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR'S promises are: A. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER'S employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER'S employees under the requirements of Section 725.06, Florida Statutes, and; B. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR'S promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR. Delete Paragraph 6.07 C in its entirety. ARTICLE 7 CONTRACTOR'S RESPONSIBILITIES Add the following after Paragraph 7.03.13: 1. The use of asbestos or asbestos -based fiber materials is prohibited in this Project. Delete the last sentence of Paragraph 7.11.A and substitute the following: "These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon Substantial Completion of the Work." After the first sentence of Paragraph 7.12.A, add the following sentences: "The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards." After paragraph 7.18 A, append the following: "except as limited by Florida Statute 725.06." SGC -4 ARTICLE 8 OTHER WORK Delete Paragraphs 8.02.A and B and replace with the following: 8.02 Coordination A. If OWNER contracts with others for the performance of other work on the Project at the site, the OWNER will have authority and responsibility for coordination of the activities among the various prime contractors. The ENGINEER shall not have any authority or responsibility in respect of such coordination. ARTICLE 10 ENGINEER'S STATUS DURING CONSTRUCTION Change the first sentence of Paragraph 10.01.A. to read as follows: "If OWNER and ENGINEER agree, ENGINEER will be OWNER'S representative during the construction period." In the first line of Paragraph 10.03.A, change the words "If OWNER and ENGINEER agree, ENGINEER will...." to "If OWNER agrees, OWNER or ENGINEER will...". ARTICLE 15 PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD In the first sentence of Paragraph 15.01.13.1, change the phrase "At least 20 days before the date established for each progress payment (but not more often than once a month),..." to read "By no later than the first day of the month,...". In the eighth line of Paragraph 15.01.1), change the beginning of the sentence from "Ten days..." to read "Forty-five days...". In the first sentence of Paragraph 15.04.A.4, following the word "...Work...", insert the words "...or to place and install equipment...". Add the following sentence to Paragraph 15.08.E: "Specific and special warranties specified are in addition to, and not in lieu of, the contractor's general warranty. CONTRACTOR shall not be relieved of general warranty obligations by the specification of specific products or procedures." ARTICLE 17 FINAL RESOLUTION OF DISPUTES Delete Article 17 — Final Resolution of Disputes in its entirety. END OF SECTION SGC -5 SECTION 00 73 20 SPECIAL PROVISIONS 1.01 SCOPE OF WORK The project consists of furnishing all labor, materials and equipment for the demolition of the existing basketball court, construction of a concrete splash pad, sidewalks, pavers, pipe, fittings, valves and appurtenances as shown on the plans or required to complete the work ready by operation by Owner. All work shall be performed in accordance with the Contract Documents. The City of Atlantic Beach will pre -purchase the Waterplay toys specified in the plans. The project site is at the following location in Duval County, Florida: Donner Park, 2072 George Street, Atlantic Beach, FL 32233. 1.02 INTENT OF DOCUMENTS A. The Contract Documents shall have the following order of authoritative precedence: 1. Agreement and Bond. 2. General Conditions. 3. Special Provisions. 4. Invitation to Bid and Instructions to Bidders. 5. Technical Specifications. 6. Full size and large scale drawings. 7. Figured dimensions (drawings shall not be scaled). 8. General drawings. 1.03 INSURANCE AND BONDS A. Insurance and bonds as specified in the division entitled "General Conditions" shall conform to and shall be issued by companies meeting the following requirements: 1. The company must be registered and permitted to do business in the State of Florida. It shall have been in business and have a record of successful continuous operation for at least five years. 00 73 20-1 2. The company shall have at least the following minimum ratings: Contract Amount Best's Rating Best's Financial Rating* 0 to 500,000 B+ Class VI 500,000 to 750,000 A Class VII 750,000 to 1,000,000 A Class VIII 1,000,000 to 2,000,000 A Class IX 2,000,000to 3,000,000 A Class 3,000,000 to 5,000,000 A Class XI 5,000,000 or more A+ Class XII *Best's Policyholder's Rating of "A" shall include "A" and "A-" (which signify Excellent), "A+" (which signifies Superior), and "B+" (which signifies Very Good), based upon good underwriting, economic management, adequate reserves for undisclosed liabilities, net resources for unusual stock and sound investment, or an equivalent rating from the Insurance Commission if not rated by Best's. B. Insurance and bonds shall be secured through an agent licensed to do business in the State of Florida. 1.04 TESTS All tests and analyses of materials and finished articles as required by these specifications shall be made and paid for as specified in the division entitled "General Conditions", except those specified under the Technical Specifications to be paid for otherwise and as indicated in the "Measurement and Payment" section of these specifications. 1.05 WATER Water for testing, sterilization and other purposes connected with the work shall be made available by the City at no cost to the Contractor. Contractor shall, however, be responsible for all material and labor required to supply water to the site from the nearest adequate City water source. 1.06 ELECTRICITY Electricity, as may be required for construction and other purposes connected with this project, shall be secured and purchased by the Contractor. 1.07 BUILDING PERMITS AND LICENSES As required by the City of Atlantic Beach, Duval County, Florida; and the State of Florida, shall be secured and, if required, purchased by the Contractor. Contractor shall be required to be registered to do business in the State of Florida. It will be the Contractor's responsibility to obtain these permits and licenses. 00 73 20-2 1.08 LINES AND GRADES The Contractor shall furnish and set all necessary stakes to establish the line and grade as shown on the drawings lay out each portion of the work of his contract. The Contractor shall be responsible for the layout of all such lines and grades, which will be checked and verified by the Owner. The Owner will provide bench mark elevations and reference points for control of the work. 1.09 SALVAGE All material salvaged from connections or cut -ins to existing systems, removal of existing facilities, etc., shall remain the property of the Owner. The Contractor shall remove all salvaged materials, other than materials to be reused on this project, from the construction site as work progresses and store them in a place designated by the Owner for this purpose. Bricks removed from the roadways are to be salvaged, free of debris and dirt, and delivered to a designated site within the City. 1.10 MATERIALS Materials shall be new and in acceptable condition. Under no circumstances are salvaged materials to be reused in this project unless indicated on the drawings and/or specified herein or directed by the Owner. 1.11 DISRUPTION OF UTILITIES The Contractor is hereby notified that his work shall be so scheduled and performed as to provide a minimum of interference with any and all utility services. If, because of construction operations, it is necessary to interrupt such utility services, a designated representative of the owner of the utility involved shall be advised, in writing, not less than 48 hours in advance of such interruption. Work requiring disruption shall be approved by the Owner prior to beginning work and scheduled to be performed during periods of minimum demand on the utility involved and within the time limit established by the owner's representative. Periods of shutdown longer than those established as the maximum by the owner of the utility involved will not be permitted. If such shutdowns occur, the Contractor will be considered liable for damages resulting from this cause. 1.12 DRIVEWAY AND/OR ACCESS TO PROPERTY The Contractor shall maintain or provide access to property normally entered via the job site during progress of the work. Bridges or other suitable crossings over ditches or open excavation shall be provided as required for entrance or egress and subject to approval of the Owner. 1.13 CLEAN-UP The Contractor shall be responsible for a general clean-up of the site of all construction operations. Trash, debris and excess materials must be hauled away and the premises cleaned and graded to a condition at least equal to that existing before the start of 00 73 20-3 construction. This operation must begin immediately after backfilling of trenches and must be completed within a reasonable period of time. Failure to comply fully with this requirement will result in withholding approval by the Owner of periodic estimates for partial payment. 1.14 RESTORE DISTRUBED AREAS The Contractor shall restore disturbed areas to existing condition prior to construction or better condition than prior to beginning the project. 1.15 PHOTOGRAPHS A. Each photograph shall be labeled on the reverse side to indicate the location being photographed, the subject being photographed, the direction in which the picture is taken, the project number and the date. The photographs shall be in color. The finished photograph must be clear and all features readily apparent. The picture area of the finished print shall be eight inches (8") by ten inches (10") in size. The Contractor shall submit two (2) prints of each photograph to the Owner. B. Preconstruction Photographs and Video DVDs shall be taken of each excavation site and along the entire project route, showing existing conditions prior to any construction. C. Progress Photographs shall be taken at periodic intervals, not to exceed seven (7) days, showing the extent and progress of the work performed as of that date. Photographs shall be taken at each location of work on the day ending period for which partial payment is requested during the development of stages and condition of work and as directed by the Owner or his representative. Typical work shall be photographed at different stages of construction at the direction of the Owner or his representative. Progress photographs shall accompany each partial payment request. D. Final Photographs and Video DVDs shall be taken in the same manner and location as specified in Paragraph 1.15.A. Submittal of final photographs shall accompany the final payment request. 1.16 MANUFACTURER'S CERTIFICATE OF COMPLIANCE Certain items to be furnished under this contract are specified in the Technical Specifications to require conformance to a standard specification. Use of these items requires submission to the Owner of the manufacturer's certificate verifying compliance with the indicated specification. This shall be submitted in addition to the required shop drawings as specified in the division entitled "General Conditions." 1.17 SHOP DRAWINGS It shall be the Contractor's responsibility to submit shop drawings to the Owner for approval as set forth in the applicable provisions of Section 00700 "General Conditions", and/or as required the Technical Specifications. Submittals by facsimile will not be acceptable. Submittal of brochures, catalog pages or other material listing more than 00 73 20-4 one size, color, model, capacity, etc., shall be marked to indicate the exact item offered for review. The Contractor shall submit three (3) copies of all shop drawings to the Owner for review, plus the number of copies the Contractor wants returned for his, and his supplier's, use. A. The Contractor will be supplied with an instruction sheet entitled "Shop Drawings" and a small supply of shop drawing submittal letters which shall be used for the submission of all shop drawings. Before the supply of these forms is exhausted, the Contractor shall be responsible for reproducing the submittal letter in adequate quantities for his use. B. The following shop drawings shall be submitted for this project: 1. Construction schedule. 2. The Contractor shall submit shop drawings for, but not limited to, the following: Item Specification Section 1.18 CONTRACTOR SERVICES The Contractor shall provide qualified personnel to assist the Owner in making field checks, measurements, as -built checks, observations of systems, test runs and the necessary quality check work related to the project work. 1.19 CONTRACTOR'S RESPONSIBILITY FOR WORK The Contractor is responsible and in charge of maintaining, protecting and caring for all existing facilities constructed against injury or damage to the work by action of the elements and/or other contractors, until acceptance by the Owner. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance. 1.20 PROCEDURE FOR PERFORMING WORK A. The work must be coordinated to facilitate construction of the new work with minimum interruption to normal operating conditions of the existing facilities. The Contractor shall obtain the approval of the Public Utilities Director prior to taking any facility out of service or making any changes which may in any way require its shutdown. The Contractor shall request approval in writing four days in advance. B. The Contractor shall discuss his intended procedure for the entire project with designated representatives of the Owner to become thoroughly acquainted with operating practices, peak demands, available facilities and work schedule required before beginning work. 00 73 20-5 C. After the above discussion, the Contractor shall prepare a detailed schedule for the entire project and submit it to the Owner in the form of a shop drawing for approval. Any deviation from this approved schedule shall require the Owner's approval upon re -submittal. D. Provisions for temporary pumping and/or piping necessary to maintain facility operation during the construction period shall be approved by the Owner and be provided at the Contractor's expense. 1.21 FINAL STARTUP AND TESTING Before accepting work, all component units, equipment and facilities in the project shall be tested by Contractor at his expense, in accordance with the requirements of the drawings and technical specifications. 1.22 AS -BUILT DRAWINGS A. A complete set of As -Built records shall be maintained by the Contractor. These records shall show all items of construction and equipment which differ in size, shape or location from those shown on the contract drawings as well as any additional work, existing features or utilities revealed by construction work which are not shown on the contract drawings. These records shall be kept up to date daily. They may be kept on a marked set of contract drawings, or any other suitable form which is approved prior to the beginning of the work. The marked set shall be available at all times during construction for reference by the Owner, and shall be delivered to the Owner along with electronic CAD drawings upon completion of the work. B. CAD Requirements for As -Built Drawings: The Contractor shall provide the Owner a complete set of As -Built drawings in AutoCAD format upon completion of the work. No additional compensation will be allowed for the Contractor to provide the As - Built drawings. The Contractor shall utilize the AutoCAD drawings furnished by the Owner for this purpose. As -Built drawings must be submitted in the AutoCAD format of the contract drawings. No other CAD software or format will be accepted. It is the Contractor's sole responsibility to ensure the As -Built drawings conform to the following CAD requirements. 1. Drawings may be submitted to the Owner on CD-ROM or a USBZ thumb drive at the Contractor's option. Each CD or thumb drive shall be clearly labeled with the appropriate project number, client name, date and file names included on CD or thumb drive. If files are compressed, a description of the compression software must be included along with a copy of the appropriate decompression software. 2. All changes to drawings must be done in accordance with the appropriate scale of the drawing revised and shall be delineated by placing a "cloud" around the areas revised and adding a revision triangle indicating the appropriate revision number. 3. Each drawing must have the revision block completed to indicate the revision number, date and initials of the person revising the drawing. The description of the revision must say "Record Drawing." This procedure must be followed for every drawing even when no changes are made to the drawing. 4. All revisions to drawings must be put on separate layers with the layer names prefixed "As -Built" followed by the appropriate existing layer name. The colors and line types of the appropriate existing layers shall be strictly adhered to when creating new layers. For example: if an existing layer to be modified with as -built revisions is called PROPSTORM then the new layer containing only the revisions will be called ASBUILT- PROPSTORM. 1.23 BUILDER'S RISK INSURANCE (FIRE AND EXTENDED COVERAGE) Until the project is completed and accepted by the Owner, the Contractor is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as their interest may appear. The Contractor may include costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project covered by the Contract, and the Contractor and his surety shall be obligated to full performance of the Contractor's undertaking. 1.24 PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after ten (10) days' written notice has been received by the Owner." 1.25 INSURANCE AND BOND SCHEDULE A. The following tabulation showing the requirements for insurance and bonds is included for the benefit of the Contractor. 1. Worker's Compensation Insurance — Pursuant to Florida State Statute 2. Public Liability Insurance -- $250,000 and $1,000,000 3. Property Damage Insurance -- $500,000 4. Builders Risk-- 100% of Insurable Portion 5. Bid Bond-- 5% of Bid 6. Combined Performance and Payment -- 100% each of contract amount 00 73 20-7 1.26 CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY AND PROPERTY DAMAGE INSURANCE A. As required under the General Conditions, the Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than $250,000 for injuries, including accidental death, to any one person, and subject to the same limit for each person, in the amount not less than $1,000,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $500,000. These amounts are minimum and the Contractor shall save harmless the Owner from all costs as hereinafter specified. B. The Contractor shall indemnify and save harmless the Owner, and all of its officers, agents and employees, for all suits, actions or claims of any character, name and description brought for, or on account of, any injuries or damages received or sustained by any person, persons or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the improvements, or by, or on account of any claims or amounts recovered from any infringement of patent, trademark or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinances, order or decree and so much of the money due the said Contractor under and by virtue of his Contract, as shall be considered necessary may be retained for the use of the Owner, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect furnished to the Owner. C. The Contractor shall either (1) require each of his subcontractors to procure and to maintain, during the life of this subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.27 SILTATION AND EROSION The Contractor shall take steps and make suitable provisions to minimize siltation and erosion which may result from, or as a result of, his operation during the course of construction of this project. Requirements of the St. Johns River Water Management District and Florida Department of Environmental Protection will be strictly adhered to. The Contractor shall take every precaution to prevent debris from entering area surface waters. Any and all debris, floating or otherwise, shall be immediately removed from the area surface water and not permitted to escape from the area. 1.28 USE OF CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residue shall be in strict conformance with instructions. 00 73 20-8 1.29 PROOF OF PAYMENT FOR MATERIALS STORED With each Partial Payment Estimate submitted as required under the "General Conditions" of these specifications, the Contractor shall provide proof of payment for which the Contractor has been paid in the previous month's estimate. Proof of payment will be acceptable in the form of receipted invoices, cancelled checks or signed statements from the suppliers. Signed affidavits by the Contractor will not be acceptable as proof of payment. Failure on the part of the Contractor to provide acceptable evidence of proof of payment will be cause for withholding further payment for materials stored. 1.30 COORDINATE OF VARIOUS MANUFACTURERS, SUPPLIES, AND CONSTRUCTION TRADES It shall be the responsibility of the Contractor to insure that there exists coordination between the various equipment and fabrication manufacturers, subcontractors and all trades in all areas of this project, whether being specified or not. Through this coordination effort, proper design, fit and construction of the various pieces of equipment, as well as proper shop drawing submittal, shall be achieved. 1.31 WARRANTIES The Contractor shall provide a one-year warranty on all equipment, installation and construction performed as specified. This warranty shall cover against defective workmanship, design and materials, improper assembly, installation or construction. The warranty requirement applies to all work and equipment being furnished and installed whether or not specified in the technical specifications. 1.32 SUBLETTING OR ASSIGNING CONTRACTS The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, of his right, title or interest therein, without written consent of the Owner. With the Owner's written consent, the Contractor will be permitted to sublet a portion of the work but shall perform with his own organization work amounting to not less than 60 percent of the total contract amount less the total amount for those contract items designated as "Specialty Work." The total contract amount shall include the cost of materials, manufactured component products and their transportation to the project site. Off-site commercial production of materials and manufactured component products purchased by the Contractor and their transportation to the project shall not be considered subcontracted work. If a part of a contract item is sublet, only its proportional cost shall be used in determining the percentage of subcontracted normal work. 1.33 SPECIALTY WORK A. For normal contracts, Specialty Work is defined as work of a type not normally performed by general contractors within their own organizations. The following work is specially designated as Specialty Work for normal construction: 1. Sodding 00 73 20-9 1.34 LITIGATION JURISDICTION The parties covenant and agree that in the event any litigation shall arise out of the terms and conditions of the agreement or performance there under; such litigation shall be filed in the Circuit Court of the Judicial Circuit having jurisdiction in and for Duval County, Florida, and the Contract shall be governed by the laws of the State of Florida. END OF SECTION 00 73 20-10 SECTION 011100 SUMMARY OF WORK PART 1- GENERAL 1.01 LOCATION OF WORK A The project site is at Donner Park, 2072 George Street, Atlantic Beach, Florida. PART 1- GENERAL Location of Work Description of Work Contractor Duties Contractor Requirements Work Sequence Contractor Use of Premises 1.02 DESCRIPTION OF WORK A The work consists of furnishing all labor, materials and equipment for the demolition of the existing basketball court, construction of a concrete splash pad, sidewalks, pavers, pipe, fittings, valves, and appurtenances as shown in the plans or required to complete the work ready for operation byOwner. All work shall be performed in accordance with the Contract Documents. B. The City of Atlantic Beach will pre -purchase the Waterplay toys specified in the plans. 1.03 CONTRACTOR DUTIES A Except as specifically noted, the Contractor shall provide and pay for the following: All labor, materials, and equipment. 1. Tools construction equipment and machinery. 2. Utilities required for construction. 3. Other services and facilities necessary for the proper execution of work completion including incidental items not detailed or called for, but which are required for the proper completion of the project. 4. All legally required sales, consumer and use taxes. 5. All applicable permits, government fees and licenses. 6. Survey services for construction layout and record drawings 7. All required testing and clearances for placing in service. Section 011100 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 2 1.04 CONTRACTOR REQUIREMENTS A Contractor shall also be required to perform the following 1. Comply with all codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on the performance of work. 2. Promptly submit written notice to Engineer of observed variances of Contract Documents from legal requirements; it is not the Contractors responsibility to make certain drawings and specifications comply with codes and regulations. 3. Enforce strict discipline and good order among employees. Do not employ unfit persons or those not skilled in assigned tasks. 1.05 WORK SEQUENCE A Coordinate with Owner. B. Contractor's construction schedule will be subject to approval by the Engineer and updated monthly. C. Notify Engineer and Owner 96 hours (minimum) in advance of removing any facility from service, permanently or temporarily. Removal from service of any facility shall be approved byOwner. 1.06 CONTRACTOR USE OF PREMISES A Do not unreasonably encumber sites with materials or equipment. B. Assume full responsibility for protection and safekeeping of products stored on premises. C. Move any stored products interfering with operation of Owner. END OF SECTION Section 011100 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 2 SECTION 0129 73 SCHEDULE OF VALUES PART 1- GENERAL 1.01 DESCRIPTION A Work Included: Provide detailed breakdown of the agreed Contract Sum showing values allocated to each of the various parts of the work, as specifies herein, and in other provisions of the contract Documents. B. Related Work: Documents affecting work of the Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. PART 1- GENERAL Description Quality Assurance Contractor Duties 1.02 QUALITY ASSURANCE A Use required means to assure arithmetical accuracy of the sum described. B. When so required by Engineer, provide copies of the Subcontracts or other data acceptable tothe Engineer substantiating the sums described. 1.03 SUBMITTALS A Prior to commencement, submit a proposed schedule of values to the Engineer a. Meet with the Engineer and determine data, if any, required to be submitted. b. Secure Engineer's approval of the values prior to commencement. END OF SECTION Section 0129 73 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 1 SECTION 0129 76 APPLICATIONS FOR PAYMENT PART 1- GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements governing the Contractor's Applications for payment. PART 1- GENERAL Section Includes Schedule of Values Applications for Payment 1.02 SCHEDULE OF VALUES A Coordination: Coordinate preparation of the Schedule of Values with preparation of the Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's Construction Schedule. b. Application for Payment forms, including Continuation Sheets. C. List of subcontractors. d. Schedule of allowances. e. Schedule of alternates. f. List of products. g. List of principal suppliers and fabricators. h. Schedule of submittals. 2. Submit the Schedule of Values to the Engineer at the earliest possible date but no later than7 days before the date scheduled for submittal of the initial Applications for Payment. 3. Sub -schedules: Where work is separated into phases requiring separately phased payments, provide sub -schedules showing values correlated with each phase of payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish the format for the Schedule of Values. Provide at least one line item for each Specification Section. 1. Identification: Include the following Project Identification on the Schedule of Values: Section 0129 76 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 5 a. Project name and location. b. Name of the Engineer c. Project number. d. Contractor's name and address. e. Date of submittal. 2. Arrange the Schedule of Values in tabular form with separate columns to indicate thefollowing for each item listed: a. Related Specification Section or Division. b. Description of Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value of both labor and materials. 3. Provide a breakdown of the Contract Sum insufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual Table of Contents. Break principal subcontract amounts down into several line items. 4. Provide Round amounts to nearest whole dollar; the total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed. Differentiate between items stored on-site. Include requirements for insurance and bonded warehousing, if required. 6. Provide separate line items on the Schedule of Values for initial cos of the materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Unit -Cost Allowances: Show the line -item value cost allowances, as a product of the unit cost, multiplied by the measured quantity. Estimate quantities from the best indication in the Contract Documents. 8. Schedule Updating: Update and resubmit the Schedule of Values prior to the next Applications for Payment when Change Orders or Construction Change Directives result in a change in Contract Sum. Section 0129 76 City of Atlantic Beach — Donner Park Splash Pad Page 2 of S 1.03 APPLICATIONS FOR PAYMENT A Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid for by the Owner. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment—Application Times: The date for each progress payment is the 15th day of each month. The period covered by each Application for Payment starts on the day following the end of the preceding period and ends 15 days prior to the date for each progress payment. C Payment —Application Forms: Use forms provided by the Owner for Applications for Payment. D. Application Preparation: Complete every entry on the form. Include notarization and execution by a person authorized to sign legal documents on behalf of the Contractor. The Engineer will return incomplete applications without action. 1. Entries shall match data on the Schedule of Values and the Contractor's Construction Schedule. Use updated schedules if revisions were made. 2. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application. E Transmittal: Submit 3 signed and notarized original copies of each Application for Payment to the Engineer by a method ensuring receipt within 24 hours. One copy shall be complete, including waivers of lien and similar attachments, when required. F. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics liens from subcontractors, sub -subcontractors and suppliers for the construction period covered by the previous application. 1. Submit partial waivers on each item for the amount requested, prior to deduction for retainage, on each item. 2. When an application shows completion of an item, submit final or full waivers for such items. 3. Waivers Forms: Submit waivers of lien on forms provided herein and executed as indicated. 4. Waiver Forms: Submit waivers of lien on forms which comply with State Statutes, and executed in a manner, acceptable to the Owner. G. Initial Application for Payment: Administrative actions and submittals, that must precede or coincide with submittal of the first Application for Payment, include the following: 1. List of subcontractors. 2. List of principal suppliers and fabricators. 3. Schedule of Values. Section 0129 76 City of Atlantic Beach — Donner Park Splash Pad Page 3 of 5 4. Contractor's Construction Schedule (preliminary if not final). 5. Schedule of principal products. 6. Schedule of unit prices. 7. Submittal Schedule (preliminary if not final). 8. List of Contractor's staff assignments. 9. List of Contractor's principal consultants. 10. Copies of building permits. 11. Copies of authorizations and licenses from governing authorities for performance of the Work. 12. Initial progress report. 13. Report of preconstruction meeting. 14. Certificates of insurance and insurance policies. 15. Performance and payment bonds. 16. Data needed to acquire the Owner's insurance. 17. Initial settlement survey and damage report, if required. K Application for Payment at substantial Completion: Following issuance of the Certificate of Substantial Completion, submit an Application for Payment. 1. This application shall reflect Certificates of Partial Substantial completion issued previously for Owner occupancy of designated portions of the Work. 2. Administrative actions and submittals that shall precede or coincide with this application include: a. Occupancy permits and similar approvals. b. Warranties (guarantees) and maintenance agreements. c. Test/adjust/balance records. d. Maintenance instructions. e. Meter readings. f. Startup performance reports. g. Changeover information related to Owner's occupancy, use, operation, and maintenance. Section 0129 76 City of Atlantic Beach — Donner Park Splash Pad Page 4 of 5 h. Final cleaning. i. Application for reduction of retainage and consent of surety. j. Advice on shifting insurance coverages. k. Final progress photographs. I. List of incomplete Work, recognized as exceptions to Engineer's Certificate ofSubstantial Completion. I. Final Payment Application: Administrative actions and submittals that must precede or coincide with submittal of the final Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Ensure that unsettled claims will be settled. 4. Ensure that incomplete Work is not accepted and will be completed without undue delay. 5. Transmittal of required Project construction records to the Owner. 6. Certified property survey. 7. Proof that taxes, fees, and similar obligations were paid. S. Removal of temporary facilities and services. 9. Removal of surplus materials, rubbish, and similar elements. 10. Change of door locks to Owner's access. END OF SECTION Section 0129 76 City of Atlantic Beach — Donner Park Splash Pad Page 5 of 5 SECTION 0133 00 SUBMITTALS PART 1- GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements for submittals required for performance of the Work, including the'following: 1. Contractor's construction schedule. 2. Shop Drawings. 3. Product Data. 4. Samples. 5. Quality assurance submittals. PART 1- GENERAL Section Includes Definitions Submittal Procedures Contractor's Construction Schedule Shop Drawings Product Data Samples Quality Assurance Submittals Engineer's Action 1.02 DEFINITIONS A Coordination Drawings show the relationship and integration of different construction elements that require careful coordination during fabrication or installation to fit in the space provided or to function as intended. B. Field samples are full-size physical examples erected on-site to illustrate finishes, coatings, or finish materials. Field samples are used to establish the standard by which the Work will be judged. G Mockups are full-size assemblies for review of construction, coordination, testing, or operation;they are not Samples. 1.03 SUBMITTAL PROCEDURES A Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 6 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. The Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Allow 15 working days for initial review. Allow additional time if the Engineer mustdelay processing to permit coordination with subsequent submittals. b. If an intermediate submittal is necessary, process the same as the initial submittal. c. Allow 15 working days for reprocessing each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer sufficiently in advance of the Work to permit processing. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of the Engineer. d. Name and address of the Contractor. e. Name and address of the subcontractor. f. Name and address of the supplier. g. Name of the manufacturer. h. Number and title of appropriate Specification Section. I. Drawing number and detail references, as appropriate. C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the Engineer using a transmittal form. The Engineer will not Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 6 accept submittals received from sources other than the Contractor without Contractor's review and approval markings and the action taken. D. Provide required Product Code Certification with Shop Drawings. Submittals that do not have Product Code Certification included will be returned for resubmission. 1.04 CONTRACTOR'S CONSTRUCTION SCHEDULE A Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type, contractor's construction schedule. Submit within 20 days after the date established for "Commencement of the Work." 1. Provide a separate time bar for each significant construction activity. Provide a continuous vertical line to identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the "Schedule of Values." 2. Coordinate the Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittal Schedule, progress reports, payment requests, and other schedules. a Phasing: On the schedule, show how requirements for phased completion to permit Work by separate Contractors and partial occupancy by the Owner affect the sequence of Work. C Distribution: Following response to the initial submittal, print and distribute copies to the Architect, Owner, subcontractors, and other parties required to comply with scheduled dates. Post copies in the Project meeting room and temporary field office. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in construction activities. D. Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.05 SHOP DRAWINGS A Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. 1. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. 2. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates and similar Drawings. Include the following information: 1. Dimensions. 2. identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 3 of 6 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Do not use Shop Drawings without an appropriate final stamp indicating action taken. C. Submittals: Submit one reproducible and one blue- or black line print; the reproducible will be returned. 1.06 PRODUCT DATA A Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Product Data not so marked will be returned without review. Include the following information: a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. B. Submittals: Submit 2 copies of each required submittal; submit 4 copies where required for maintenance manuals. Submit additional copies as required by the Contractor for distribution. The Engineer will retain one and will return the others marked with action taken and corrections or modifications required. C. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. 1.07 SAMPLES A Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 4 of 6 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Prepare Samples to match the Engineer's sample. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the submittal and the actual component as delivered and installed. a. Where variation in color, pattern, texture or other characteristic is inherent in the material or product represented, submit at least 3 multiple units that show approximate limits of the variations. b. Refer to other Specification Sections for requirements for Samples that illustrate workmanship, fabrication techniques, details of assembly, connections, operation,and similar construction characteristics. 3. Submit a full set of choices where Samples are submitted for selection of color, pattern, texture, or similar characteristics from a range of standard choices. The Architect will review and return preliminary submittals with the Architect's notation, indicating selection and otheraction. 4. Maintain sets of Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. B. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. 1.08 QUALITY ASSURANCE SUBMITTALS A Submit quality -control submittals, including design data, certifications, manufacturer's instructions, manufacturer's field reports, and other quality -control submittals as required under other Sections of the Specifications. B. Certifications: Where other Sections of the Specifications require certification that a product, material, or installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to sign documents on behalf of the company. Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 5 of 6 G Inspection and Test Reports: Requirements for submittals of inspection and test reports from independent testing agencies are specified in Division 1 Section "Quality Control." 1.09 ENGINEER'S ACTION Q Except for submittals for the record or information, where action and return is required, the Engineer will review each submittal, mark to indicate action taken, and return promptly. Compliance with specified characteristics is the Contractor's responsibility regardless of action indicated. B. Action Stamp: The Engineer will stamp each submittal with a uniform, action stamp. The Engineer will mark the stamp appropriately to indicate the action taken. Do not use, or allow others to use, submittals marked "Not Approved, Revise and Resubmit" at the Project Site or elsewhere where Work is in progress. C Other Action: Where a submittal is for information or record purposes or special processing or other activity, the Engineer will return the submittal marked "Action Not Required." D. Unsolicited Submittals: The Engineer will return unsolicited submittals to the sender without action. END OF SECTION Section 0133 00 City of Atlantic Beach — Donner Park Splash Pad Page 6 of 6 SECTION 014100 REGULATORY REQUIREMENTS PART 1- GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements for submittals required for performance of theWork, including the following: PART 1 - GENERAL Related Documents Specified Codes Reference Standards Contractor's Construction Schedule Shop Drawings Product Data Samples Quality Assurance Submittals Engineer's Action 1.02 RELATED WORK A 33 1413 —Water Utility Distribution Piping 1.03 REFERENCES A Geotechnical Evaluation Appendix A 1.04 SUBMITTALS A When permits are required for dewatering, provide copies of all permits. B. Provide copies of the layout of all dewatering system components. C Provide copies of all well abandonment forms. 1.05 PERMITS/FEES A Pay for and obtain all permits/approval required by local, state, and federal regulations. B. When installing by jetting methods, the Contractor shall provide their own water source. Do not use hydrants as water source without permission from the Engineer and/or local utilityas applicable. If permission to use hydrants has been allowed, the Contractor shall obtain and pay f'or any required hydrant use permits. 1.06 ENVIRONMENTAL CONTAMINANTS A Monitor dewatering system discharge regularly for signs of chemicals or other environmental contaminants. B. If chemicals or environmental contaminants are observed, terminate dewatering system operation immediately and contact the Engineer. C Prevent dewatering system from introducing contaminants into the soil or groundwater. Section 014100 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 2 1.07 NOISE POLLUTION A Provide mufflers, housing, berms and fencing as necessary to minimize noise pollution resulting from dewatering system operation. PART 2 - MATERIALS 2.01 NOT USED PART 3 - EXECUTION 3.01 GENERAL A Comply with all local, state, and federal regulations. B. Design system to dewater site as necessary to complete construction but minimize impact on local water table and adjacent wetlands. G Coordinate installation of dewatering system with other contractors. Locate dewatering system components in locations that do not interfere with site operations or other construction activities. D. Monitor water levels in wells adjacent to construction site. Adjust dewatering system configuration and operation as necessary if neighboring wells are adversely impacted. 3.02 SUMP DEWATERING A Install collection sump in the low point of the excavation(s). B. Provide filter material, trash screens, and other devices around pump or intake to avoid pumping of sediment. 3.03 OPERATION A Provide personnel, equipment, and power necessary to maintain and operate the dewatering system as required to complete construction at the site. B. Do not discharge water into the sanitary sewer system. 3.04 REMOVAL/ABANDONMENT A Remove all dewatering system components immediately following use. B. Clean receiving storm sewer system, ground surface, and surface waters of any sediment or debris deposits resulting from dewatering system operation. END OF SECTION Section 014100 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 2 SECTION 0145 00 QUALITY CONTROL PART 1- GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements for quality control services and testing and inspection laboratory services. PART 1- GENERAL Section Includes General Contractor Responsibilities Owner Responsibilities Testing Agencies Responsibilities Submittals Qualification of Service Agencies PART 2 - EXECUTION Repair and Protection 1.02 GENERAL A Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. B. Inspections, test, and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. G Requirements for the Contractor to provide quality control services required by the Engineer, Owner, or authorities having jurisdiction are not limited by provisions of thisSection. 1.03 CONTRACTOR RESPONSIBILITIES A Provide inspections, tests and similar quality control services specified in individual Specification Sections as the Contractor's responsibility and as required by governing authorities; these services include those specified to be performed by an independent agency and not by the Contractor. Include costs for these services in the Contract Sum. B. Provide and pay for costs of retesting and other related costs when: 1. Results of required inspections, tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. 2. Construction is revised or replaced by the Contractor, where tests were required on original construction. 3. Additional testing is needed or required by the Contractor. Section 0145 00 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 4 4. Additional trips to the project are necessary by an agency when scheduled times for tests and inspections are cancelled and the agency is not notified sufficiently in advance of cancellationto avoid the trip. C. Cooperate with agencies performing required inspections, tests and similar services and provide reasonable auxiliary services as requested. 1. Notify the agency sufficiently in advance of operations to permit assignment of personnel. 2. Provide access to the Work and furnish incidental labor and facilities necessary to facilitate inspections and tests. 3. Take adequate quantities of representative samples of materials that require testing and assist the agency in taking samples. 4. Provide facilities for storage and curing of test samples. 5. Provide the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. 6. Secure and protect samples and test equipment at the Project site. D. Coordinate the sequence of activities to accommodate required services with a minimum of delay and coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. E Schedule times for inspections, tests, taking samples and similar activities. 1.04 OWNER RESPONSIBILITIES A Provide inspections, tests and similar quality control services specified, except where they are specifically indicated as the Contractor's responsibility or are provided by another identified entity. 1. Costs for these services are not included in the Contract Sum. 2. The Owner will employ and pay for the services of an independent agency, testing laboratory or other qualified firm to perform the services required. 3. The Owner reserves the right to contract an independent agency to conduct testing on any portion of the work. 1.05 TESTING AGENCIES RESPONSIBILITIES A Cooperate with the Engineer and Contractor in performance of their duties; provide qualified personnel to perform required inspections and tests. B. Notify the Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of their services. Section 0145 00 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 4 C Agencies are not authorized to release, revoke, alter or enlarge requirements of the Contract Documents, or approve or accept any portion of the Work. D. Agencies shall not perform any duties of the Contractor. 1.06 SUBMITTALS A Independent testing agencies shall submit 2 copies of certified written reports of each inspection, test, or similar service to the Engineer and to the Contractor. B. Report Data: Written reports of each inspection, test or similar service shall include: 1. Date of issue. 2. Project title and number. 3. Name, address and telephone number of testing agency. 4. Dates and locations of samples and tests or inspections. S. Names of individuals making the inspection or test. 6. Designation of the Work and test method. 7. Identification of product and Specification Section. 8. Complete inspection or test data. 9. Test results and an interpretations of test results. 10. Ambient conditions at the time of sample -taking and testing. 11. Comments or professional opinion as to whether inspected or tested Work complies with Contract Document requirements. 12. Name and signature of laboratory inspector. 13. Recommendations on retesting. 1.07 QUALIFICATIONS OF SERVICE AGENCIES A Engage inspection and testing service agencies, including independent testing la bo ratories, which are prequalified as complying with "Recommended Requirements for Independent Laboratory Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be performed. B. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. G Inspection and testing agencies engaged by the Contractor shall be acceptable to Engineer and Owner. Section 0145 00 City of Atlantic Beach — Donner Park Splash Pad Page 3 of 4 PART 2 - EXECUTION 2.01 REPAIR AND PROTECTION A Upon completion of inspection, testing, sample -taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. B. Protect construction exposed by or for quality control service activities and protect repaired construction. G Repair and protection are the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing, or similar services. END OF SECTION Section 0145 00 City of Atlantic Beach — Donner Park Splash Pad Page 4 of 4 SECTION 0152 00 CONSTRUCTION FACILITIES PART 1- GENERAL 1.01 DESCRIPTION A The following criteria shall govern the furnishing of and paying for temporary construction and service items. Such items shall be instituted at the beginning and maintained for the life of the work or until removal or termination is approved by the Engineer. PART 1- GENERAL Description Temporary Facilities Security Quality Assurance 1.02 TEMPORARY FACILITIES A Drinking Water: The Contractor shall provide cool water with dispensing utilities. B. Construction Water: The Contractor shall provide temporary water for construction at the project site. The Contractor shall provide proper back flow devices to comply with regulations concerning back flow & cross connection. G It shall be the Contractor's responsibility to provide temporary electrical power for construction purposes. U Toilet Facilities: The Contractor shall furnish a portable, job -site toilet enclosure facility through a local company specializing and licensed in this business. The toilet enclosure shall be located on the project site at a point approved by the Owner. It shall be maintained daily by the supplying company and removed from the project site upon completion of the project. 1.03 SECURITY A General: The Contractor shall provide security, as necessary or required, to protect work and property at all times. B. Rodents and Other Pests: The Contractor, through debris removal, etc., shall control the creation of rodent or pest problems. Should such develop, the Contractor shall secure services of exterminator to control. G Debris Control: Keep premises clean and free from accumulation of debris and rubbish. Provide trash and debris receptacles and require use. Remove from site at least weekly. D. Cleaning: As work is completed by trades, areas of work shall be cleaned in preparation for next trade, inspections or general safety of property and person. E Project Safety: The Contractor shall comply with all applicable governmental and insuring company requirements relative to construction and project safety. Either the superintendent oranother Section 0152 00 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 2 company representative on the site during all working hours, shall be trained in project safety and designated as Contractor's Safety Director. 1.04 QUALITY ASSURANCE A Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: 1. Building Code Requirements 2. Health and Safety Regulations 3. Utility Company Regulations 4. Police, Fire Department and Rescue Squad Rules 5. Environmental Protection Regulations END OF SECTION Section 0152 00 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 2 SECTION 0177 00 PROJECT CLOSEOUT PART 1- GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements for project closeout. 1. Inspection procedures. 2. Project record document submittal. 3. Final Cleaning PART 1 -GENERAL Section Includes Substantial Completion Final Completion Record Document Submittals PART 2 - EXECUTION Final Cleaning 1.02 SUBSTANTIAL COMPLETION A Before requesting inspection for certification of Substantial Completion, complete the following. List exceptions in the request. 1. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. 2. Advise Owner of pending insurance change -over requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities; include occupancy permits, operating certificates and similar releases. 5. Submit record drawings, maintenance manuals, and similar final record information. 6. Complete start-up testing of systems, and instruction of the Owner's operating and maintenance personnel. Discontinue or change over and remove temporary facilities from the site, along with construction tools, mock-ups, and similar elements. 7. Complete final clean up requirements, including touch-up painting. Touch-up and otherwise repair and restore marred exposed finishes. B. When the Contractor considers the Work to be substantially complete, he shall submit a written notice to the Engineer that the Work, or designated portion of the Work, is complete and ready for inspection. Section 0177 00 City of Atlantic Beach — Donner Park Splash Pad Page 1 of 5 C. Within 5 days of receipt of a request for inspection, the Engineer will either proceed with inspection or advise the Contractor of unfulfilled requirements. When the Engineer and Owner concur that the Work, or designated portion of the Work, is substantially complete, the Engineer will prepare the Certificate of Substantial Completion following inspection. D. Should the Engineer determine that the Work is not substantially complete, he will advise the Contractor of construction or other requirements that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the Work has been substantially completed. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.03 FINAL COMPLETION A When Contractor considers the Work to be complete, he shall submit written certification tothe Engineer that the Work is completed and ready for final inspection. Include thefollowing: 1. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations. 2. Submit an updated final statement, accounting for final additional changes to the ContractSum. 3. Submit a certified copy of the Engineer's final inspection list of items to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, and the list has been endorsed and dated by the Engineer. 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion, or when the Owner took possession of and responsibility for corresponding elements of the Work. S. Submit consent of surety to final payment. 6. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. The Engineer will inspect the Work upon receipt of notice that the Work, including inspection list items from earlier inspections, has been completed, except items whose completion has been delayed because of circumstances acceptable to the Engineer. 1. Upon completion of inspection, the Engineer will prepare a certificate of final acceptance, or advise the Contractor of Work that is incomplete, or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection process will be repeated. Section 0177 00 City of Atlantic Beach — Donner Park Splash Pad Page 2 of 5 1.04 RECORD DOCUMENT SUBMITTALS A Maintain at the site one complete set of record documents; protect from deterioration and loss in a secure, fire -resistive location. 1. Provide access to record documents for the Engineer's reference during normal working hours. 2. Label each document "PROJECT RECORD" in 2 -inch -high printed letters. 3. Do not use for construction purposes. 4. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. 5. Mark new information that was not shown on Contract Drawings or Shop Drawings. 6. Show horizontal control dimensions in two directions at right angles for each underground fitting, valve, and appurtenance. Horizontal control dimensions shall be tied to a permanent above ground marker such as a building or tank slab. Show elevations of storm sewers, gravity sewers including laterals, electric cables, television cables, telephone cables, force mains, water mains crossed, and any other underground utilities and structures. Information shall be obtained by surveying by a professional engineer or land surveyor registered in the State of Florida. 7. Note related Change Order numbers where applicable. 8. Organize record drawing sheets into manageable sets, bind with durable paper coversheets, and print suitable titles, dates, and other identification on the cover of each set. B. Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. 1. Mark record sets with red erasable pencil; use other colors to distinguish between variations in separate categories of the Work. Mark these documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications. 2. Mark new information that was not shown on Contract Drawings or Shop Drawings. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation. 3. Note related record drawing information and Product Data. G Record Product Data: Maintain one copy of each Product Data submittal. 1. Mark these documents to show significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the site, and from the manufacturer's installation instructions and recommendations. Section 0177 00 City of Atlantic Beach — Donner Park Splash Pad Page 3 of 5 2. Give particular attention to concealed products and portions of the work which cannot otherwise be readily discerned later by direct observation. 3. Note related Change Orders and mark-up of record drawings and Specifications. D Record Sample Submitted: Immediately prior to the date or dates of Substantial Completion, the Contractor will meet at the site with the Engineer and the Owner to determine which of the submitted Samples that have been maintained during progress of the Work are to be transmittedto the Owner for record purposes. Comply with delivery to the Owner's Sample storage area. E Record Survey: Provide as -built survey prepared in accordance with the minimum technical standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 61G17-6 Florida Administrative Code, pursuant to Section 472.027 Florida Statutes. F. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record-keeping and submittals in connection with actual performance of the Work. G. Contract close-out, deliver one copy of Record Documents to Engineer for Owner. Accompany submittal with transmittal letter in duplicate containing the following information: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title and number of each Record Document. S. Signature of Contractor or his authorized representative. PART 2 — FINAL CLEANING 2.03 FINAL CLEANING A Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. B. Complete the following cleaning operations before requesting inspection for Certification of Substantial Completion and maintain until final completion, except in areas occupied or designated byOwner. 1. Remove labels that are not permanent labels. 2. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. 3. Rake grounds that are neither paved nor planted, to a smooth even -textured surface. G Remove temporary protection and facilities installed for protection of the Work during construction. Section 0177 00 City of Atlantic Beach — Donner Park Splash Pad Page 4 of 5 D. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of in a lawful manner. E Where extra materials of value remaining after completion of associated Work have become the Owner's property, arrange for disposition of these materials as directed. END OF SECTION Section 0177 00 City of Atlantic Beach — Donner Park Splash Pad Page 5 of 5 SECTION 03 30 00 CAST -IN-PLACE CONCRETE PART 1- GENERAL 1.01 SECTION INCLUDES A. Formwork for structural concrete. B. Reinforcing. C. Cast -in-place concrete. 1.02 SYSTEM DESCRIPTION A. Design/Perform Requirements: Design, engineering and construction of formwork and shoring is responsibility of the Contractor. 1. Design formwork with sufficient strength to withstand forces due to placement and vibration and sufficient rigidity to maintain specified tolerances. 2. Design loads, lateral pressure, and allowable stresses in accordance with ACI 347. 1.03 SUBMITTALS A. Product Data: Manufacturers data and application and installation recommendations for admixtures, curing compounds, and others as requested 24 hours prior to work being performed. B. Mix Designs: 4 copies of each mix design required. Include specific admixture names and proportions for each mix design. PART 2 — PRODUCTS 2.01 FORM MATERIALS A. Structural Concrete Forms for Foundations, Beams, Columns and Slabs: New or properly reconditioned plywood material designed to conform to requirements of ACI Special Publication No. 4 to support wet concrete without deflection; PS -1 B -B plywood; Class 1; EXT -APA; sanded; mill oiled; and edge sealed. B. Structural Concrete Forms for Joists: New or properly reconditioned removable 18 gage steel or fiberglass pan forms with tapered end closures. C. Form Coatings: Colorless commercial formulation form release and sealer compounds that will not bond with stain, nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces. Diesel fuel will not be allowed. D. Form Ties: Adjustable length, removable or snapoff metal form ties, 1-1/2 in. break back, and maximum hole left 1-1/4 in. diameter. E. Bevels and Rustications: Wood strips milled to shapes indicated or formed rigid plastic strips. F. Construction Joints: 24 ga. galvanized steel keyway form type with knockout holes spaced 6 in. on center to receive doweling. 03 30 00-1 G. Waterstops: Centerbulb serrated type, 6 in. x 3/8 in. size, Polyvinyl Chloride, Corps of Engineers CRD -C 572. H. Joint Fillers: Premolded mastic strips, asphalt impregnated, ASTM D1751 I. Fasteners and Anchorages: Nails, spikes, bolts, lag bolts, and other types sized as required to maintain formwork in place. 2.02 REINFORCING MATERIALS A. Reinforcing Bars: ASTM A 615, Grade 60, deformed, except that stirrups, ties and dowels may be Grade 40. B. Galvanized Reinforcing Bars: ASTM A 767, Class II (2.0 ox. zinc psf) hot -dip galvanized, after fabrication and bending. C. Epoxy Coated Reinforcing Bars: ASTM A 775. D. Steel Wire: ASTM A 82, plain, cold -drawn steel. E. Welded Wire Fabric: ASTM A 185; welded. F. Welded Deformed Steel Wire Fabric: ASTM A 497. G. Supports for Reinforcement: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire fabric in place. H. Tie Wire: 16 ga. annealed. I. Headed Stud Anchor: ASTM A 108, min. tensile strength 60,000 psi, min. elongation 20 percent in 2 inches. J. Welding Electrodes: AWS AB.1, Series E70. K. Fabricate reinforcing in accordance with ACI 315. 2.03 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I or Type III with max. 8 percent tricalcium aluminate. Use one brand of cement throughout project. B. Fly Ash: ASTM C 618, Type F, except that the maximum allowable loss on ignition shall be 2.5 percent and a maximum of 24 plus or minus 2 percent may be retained on a no. 325 sieve. Use one source of fly ash throughout project. Add with cement. C. Aggregates: 1. Coarse: ASTM C 33, clean, washed, sound and crushed, from a single source for exposed concrete. Use largest size practicable for each condition except do not exceed the following: a. 1/5 the narrowest dimension between forms. b. 3/4 of the minimum clear spacing between reinforcing bars. c. 1/3 the thickness of slabs 2. Fine: ASTM C 33, clean, washed sand, sound and uncoated grains. 03 30 00-2 3. Local aggregates not complying with ASTM C 33 but which have shown by special test or actual service to produce concrete of adequate strength and durability may be used when acceptable to Architect/Engineer. D. Water: Drinkable. E. Air Entraining Admixture: ASTM C 260. Source Products/Mfgs.: 1. Sika Aer/Sika Corp. 2. MB VR/Master Builders. 3. Darex AEA/W.R. Grace. 4. Protex/Protex Industries, Inc. F. Water Reducing Admixture: ASTM C 494, Type A, and containing not more than 0.1 percent chloride ions. Source Products/Mfgs.: 1. Darex WRDA/W.R. Grace. 2. Eucon WR 75/Euclid Chemical Co. 3. Pozzolith 200N/Master Builders. 4. Plastocrete 160/Sika Chemical Corp. G. Water Reducing, Non Chloride Accelerator Admixture: ASTM C 494, Type E, and containing not more than 0.1 percent chloride ions. Source Products/Mfgs. include: 1. Darex Set Accelerator/W.R. Grace. 2. Accelguard 80/Euclid Chemical Co. H. Water Reducing, Retarding Admixture: ASTM C 494, Type D, and containing not more than 0.1 percent chloride ions. Source Products/Mfgs.: 1. Pozzolith 100XR/Master Builders. 2. Eucon Retarder 75/Euclid Chemical Co. 3. Daratard 17/W.R. Grace. 4. Plastiment/Sika Chemical Co. 2.04 RELATED MATERIALS A. Vapor Barrier: Water vapor barrier ASTM E 1745, Class C. Minimum permeance ASTM E-96, 0.04 perms. Thickness, ACI 302.111-96 not less than 10 mils. Available Product: Subject to compliance with requirements includes but is not limited to the following: 1. Griffolyn T-85 by Reef Industries, Inc. 2. Dura-Skrim D16 WB by Raven Industries. 3. Stego Wrap Vapor Barrier by Stego Industries LLC. B. Non Shrink Grout: CRD C 621, non-metallic factory pre mixed grout, minimum compressive strength of 2400 psi in 2 days and 7000 psi in 28 days. Source Products/Mfgs.: 1. Masterflow 713/Master Builders. 03 30 00-3 2. Euco NS/Euclid Chemical Co. 3. Five Star Grout/U.S. Grout Corp. C. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. D. Moisture Retaining Cover: One of the following, complying with ASTM C 171. 1. Waterproof paper. 2. Polyethylene film. 3. Polyethylene coated burlap. E. Liquid Membrane Forming Curing Compound: ASTM C 309, Type 1-D, Class A. Moisture loss not more than 0.055 gr./sq. cm. when applied at 200 sq. ft./gal. Source Products/Mfgs.: 1. Masterseal/Master Builders. 2. Kure N Seal/Sonneborn Rexnord. 3. L&M Cure/L & M Construction Chemicals. F. Bonding Compound: Acrylic or Styrene Butadiene base. Source Products/Mfgs.: 1. Everbond/L & M Construction Chemicals. 2. Sonocrete/Son neborn Rexnord. 3. Acrylic Bondcrete/The Burke Co. 4. Daraweld C/W.R. Grace. G. Epoxy Adhesive: ASTM C 881, 2 component material suitable for use on dry or damp surfaces. Provide material Type, Grade, and Class to suit project requirements. Source Products/Mfgs.: 1. Thiopoxy/W.R. Grace. 2. Sikadur Hi Mod/Sika Chemical Corp. 3. Euco Epoxy 452 or 620/Euclid Chemical Co. 4. Patch and Bond Epoxy/The Burke Co. 2.05 PROPORTIONING AND DESIGN OF MIXES A. Contractor shall provide and pay for Testing Laboratory services for preparation of design mixes for each type and strength of concrete by either laboratory trial batch or past field experience methods as specified in ACI 301. 1. Proportion materials as specified in ACI 211.1, except as modified herein. 2. Fly Ash: Maximum 15 percent by weight of total cementitious material of mix. B. Schedule of Concrete Types: Provide mix designs for the compressive strength scheduled with the following minimum properties: 03 30 00-4 Minimum 28 -Day Maximum Water -Cement Minimum Cement Compressive Strength Ratio by Weight (Ib/Ib) Content (lbs/Cubic Yard) (f'c)(psi) 4000 3000 2500 2000 0.45 0.50 0.55 0.65 564 470 423 376 1. Introduce admixtures in quantities and according to methods recommended by the admixture manufacturer. Do not use calcium chloride. C. Air Entrainment: Provide concrete with total air content as follows, and as measured in accordance with ASTM C 231: Nominal maximum size of Total air content percentage course aggregate (in.) by volume 3/8 6 to 10 1/2 5 to 9 3/4 4 to 8 1 3.5 to 6.5 1-1/2 3 to 6 D. Slump Limits: Concrete, when placed at the forms, shall have a slump within the following limits as measured in accordance with ASTM C 143. 1. Minimum slump of one in. 2. Tolerance of plus or minus one in. 3. Mass concrete: 2 in. 4. Reinforced concrete: 3 in. 2.06 CONCRETE MIXING A. Provide batch ticket for each batch discharged and used in work. B. Ready Mix Concrete: Comply with requirements of ASTM C 94, and as herein specified. 1. Mix concrete minimum 10 minutes, 5 minutes of which is at job site, after last addition of water. 2. Do not retemper concrete in truck. Do not use concrete which has been in truck for more than 1-1/2 hours after leaving the plant, or concrete which has become harsh or nonplastic. 3. Do not add water to concrete at site. 03 30 00-5 C. During hot weather, or under conditions contributing to rapid setting of concrete, a shorter mixing time than specified in ASTM C 94 may be required. PART 3 — EXECUTION 3.01 EXAMINATION AND PREPARATION A. Coordinate and examine formwork, reinforcing steel, embed inserts, sleeves, joint materials and vapor retarder for proper installation. B. Do not proceed until unsatisfactory work has been corrected. 3.02 INSTALLATION A. Design, erect, support, brace, and maintain formwork to support vertical and lateral, static, and dynamic loads that might be applied until such loads can be supported by concrete structure. Allowable tolerances for Structural Concrete Forms shall comply with ACI 301 and 347; camber in slabs and beams shall comply with ACI 301. Locate and install formed construction joints as shown or, if not indicated, locate so as not to impair strength and appearance of the structure, and as approved by the Architect/Engineer. 3. Provide keyways at least 1-1/2 in. deep in construction joints in walls, slabs, and between walls and footings; accepted bulkheads designed for this purpose may be used for slabs. B. Space shoring in such a manner that no member will be excessively loaded or will induce stress in concrete members. Extend shores beyond minimums to ensure proper distribution of loads throughout structure. C. Comply with CRSI Manual of Standard Practice, ACI 315, and ACI 318 for details and methods of reinforcement, placement, and supports. 1. Clean reinforcement of loose rust and mill scale, earth, and other materials which reduce or destroy bond with concrete. 2. Where conduit, piping, inserts, and other penetrations or sleeves interfere with the placing of reinforcing steel, notify Architect/Engineer and obtain directions for relocating prior to pouring concrete. D. Concrete Placement: Moisten wood forms immediately before placing concrete where form coatings are not used. 2. Comply with ACI 304, Recommended Practice for Measuring, Mixing, Transporting, and Placing Concrete, and as herein specified. 3. Deposit concrete in forms in horizontal layers not deeper than 24 in.; place each layer while preceding layer is still plastic to avoid cold joints. 4. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand spading, rodding, or tamping in accordance with ACI 309. 03 30 00-6 5. Do not use vibrators to transport concrete inside forms. Do not insert vibrators into lower layers of concrete that have begun to set. 6. Deposit and consolidate concrete slabs in a continuous operation within limits of construction joints. 7. Bring slab surfaces to correct level with straightedge and strikeoff. Do not disturb slab surfaces prior to beginning finishing operations. 8. Maintain reinforcing, inserts, embeds, and joints in proper position during concrete placement operations. E. Reinforcement Concrete Coverage: 1. Concrete cast against and permanently exposed to earth: 3 in. 2. Concrete exposed to a saltwater environment: 3 in. 3. Concrete exposed to earth or weather: 2 in. 4. Slabs, walls and joists not exposed to weather or in contact with ground: 1-1/2 in. 5. Beams and columns not exposed to weather or in contact with ground - primary reinforcement, ties, stirrups, and spirals: 1-1/2 in. F. In the event of rain during concrete placement, terminate pour as soon as practicable at a point approved by the Architect/Engineer and protect freshly placed concrete with a waterproof covering that will prevent marring or damage of surfaces. G. Contraction (Control) Joints in Slabs on Ground: Saw cut 1/8 in. x 1/4 slab depth as soon as possible after slab finishing. If joint pattern not shown, provide joints not exceeding 20 ft. o.c. each way. H. Hot Weather Placing: Comply with ACI 305 and as herein specified. 1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90 deg. F. 2. Fog spray forms, reinforcing steel, and subgrade just before concrete is placed. 3. Use approved water reducing retarding admixture when required by high temperatures, low humidity, or other adverse placing conditions. 3.03 REMOVAL OF FORMS AND SHORING A. Remove formwork and shoring progressively and in accordance with ACI 301 and ACI 347 so that no unbalanced loads are imposed on the structure. Notify Architect/Engineer when formwork removal is scheduled to begin. B. Do not remove shoring and formwork until members have acquired strength required to support their own weight plus imposed loads and the concrete has attained 75 percent of required 28 day compressive strength. Reshore structural members as original shores are removed. C. Formwork not directly supporting weight of concrete, may be removed after 24 hours after placing concrete, provided concrete is sufficiently hard to not be damaged by form removal operations, and providing curing and protection operations are maintained. 03 30 00-7 D. In the event the Contractor wishes to remove formwork at an earlier time than specified, the Contractor shall pay for and have testing laboratory obtain 2 additional concrete test cylinders to confirm strength requirement for early form recovery. 3.04 FINISH OF FORMED SURFACES A. Repair of tie holes and deep depressions: 1. Flush with clean water and tamp to overfill with cement drypack mix. 2. Cure as specified for concrete and grind flush with adjacent surface. B. Repair of Rock Pockets, Honeycomb, and Sand Streaks: 1. Cut and remove concrete to at least one in. deep with sides perpendicular to surface. 2. Flush with clean water, coat with Neat cement paste, then fill with cement drypack mix in at least 2 layers to overfill. 3. Cure as specified for concrete and grind smooth and flush with adjacent surfaces. C. As Cast Finish: For formed concrete surfaces not exposed to -view in the finish work. 1. Repair and patch tie holes and defective areas and rubdown or chip off fins and other projections exceeding 1/4 in. in height. 2. Fill and patch bug holes one in. and larger. 3.05 MONOLITHIC SLAB FINISHES A. Apply slab finishes in accordance with ACI 301. 1. Screed surfaces to proper elevations and profiles indicated before bleedwater accumulates on surface. 2. Begin finish procedures as soon as bleedwater disappears from surfaces. 3. Slope surfaces uniformly to drains where required. B. Float Finish: Apply to surfaces to receive trowel finish, membrane or elastic waterproofing. 1. Power float to a true plane within 1/4 in. in 10 ft. -Class B tolerance. 2. Hand float if area is small or inaccessible to power units. 3. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. C. Trowel Finish: Apply to surfaces to be exposed to -view, and slab surfaces to be covered with paint or other thin film finish coating system. 1. Power trowel to a true plane within 1/8 in. in 10 ft. -Class A tolerance. 2. Begin final troweling when surface produces a ringing sound then consolidate concrete surface by final hand troweling operation, free of trowel marks, uniform in texture and appearance 3. Grind smooth surface defects which would telegraph through applied floor covering system. 03 30 00-8 D. Light Broom Finish: Apply to exterior concrete platforms, steps, and ramps, walks, and other pedestrian traffic areas. Apply float finish, then immediately slightly roughen concrete surface by brooming with soft fiber bristle broom perpendicular to main traffic route. Heavy Broom Finish: Apply to paving slabs, and toppings in vehicular traffic areas. Apply as specified for light broom finish except use a stiff fiber bristle broom to produce heavier texture. 3.06 CONCRETE CURING AND PROTECTION A. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. B. Begin curing procedures before concrete has dried and continue for at least 7 days in accordance with ACI 301 procedures. 1. Cure high early strength concrete for at least 3 days. 2. Extend specified curing time if 7 days compressive strength tests indicate that 28 day compressive strength will be less than 90 percent of specified strength. C. Curing Methods: Perform curing of concrete by curing and sealing compound as herein specified. 1. Provide curing/sealing compound on exterior slabs, walks, etc as follows: a. Apply to concrete slabs as soon as final finishing operations are complete in continuous operation by power spray or roller in accordance with manufacturer's directions. b. Do not use membrane curing compounds on surfaces which are to be covered with coating material applied directly to concrete. c. Apply a second coat over areas scheduled to receive a sealer/dustproofer finish. D. Curing Formed Surfaces: Cure formed concrete surfaces, including undersides of beams, supported slabs, and other similar surfaces by moist curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by method specified above. E. Curing Unformed Surfaces: Cure unformed surfaces, such as slabs, floor topping, and other flat surfaces by application of appropriate curing method, except cure surfaces to receive liquid floor hardener or finish flooring by use of moisture retaining cover. 3.07 FIELD QUALITY CONTROL A. The Contractor shall employ a testing laboratory to perform tests and to submit test reports, except as designated otherwise. B. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. 1. Slump: ASTM C 143; one test at point of discharge for each set of compression cylinders taken; additional tests when concrete consistency appears to have 03 30 00-9 changed. In addition, Contractor shall perform one test on each truck load of concrete delivered to the site. 2. Air Content: ASTM C 231 pressure method for normal weight concrete; one for each set of compression cylinders taken. 3. Molded Concrete Compression Cylinders: Sample in accordance with ASTM C 172, process and cure in accordance with ASTM C 31, and prepare and test in accordance with ASTM C 39. a. Obtain one set of 5 cylinders for each 50 cu. yd., or fraction thereof, for each day's placement of each mix design. b. Test 2 cylinders at age 3 days or 7 days, as required by job conditions, and 2 cylinders for one valid strength test at 28 days. Cure and hold fifth cylinder for testing at 42 days if 28 day test indicates deficient results, or as a spare in case of cylinder damage. END OF SECTION 03 30 00-10 SECTION 13 1213 WATER FEATURES —SPLASH PAD PART 1— GENERAL 1.01 RELATED DOCUMENTS A. The BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT and applicable parts of DIVISION 1 — GENERAL REQUIREMENTS, as listed in the Table of Contents, shall be included in and made part of this Section. 1.02 SUMMARY A. Introduction: Furnish all labor, materials, equipment and services necessary to construct the splash pad. This work shall include the structure(s) and installation of, mechanical equipment, and recreational items. B. Work included in this section: 1. Pool of Cast in Place or pneumatically applied concrete shell as described in herein and in Division 3 — Concrete and Structural, to include reinforcement steel, fittings, main drains, sumps, anchors, etc. 2. All equipment and services required for the delivery and installation of aquatic equipment, slides, toy features, and apparatus. 3. Layout, evacuate, remove from the construction site, replace and grade materials as required. Dewater the site as needed to keep site free from water during construction activities. 4. Protect existing utilities, building foundations, and trees that are identified to remain. 5. Provide all electrical wiring, conduit, and junction boxes as shown on the construction drawings. Provide bonding and grounding of pool shell, fittings, and equipment. 6. Furnish all piping, fittings, valves, pool fittings, and appurtenances as shown on the drawings and as specified herein. 7. Provide start-up and testing services on all mechanical, electrical, and chemical equipment and other supplied items to include deck, maintenance, and safety equipment. All contractor purchased items must operate within the acceptable tolerances specified by the manufacturer prior to owner acceptance. 131213-1 C. Related work specified in other sections: 1. Contractor to properly barricade the project site to prevent entry from unauthorized personnel with fencing and signage. (Division 2) 2. Protect all existing survey benchmarks, utilities, shrubs, trees, walkways, and buildings designated to remain. (Division 2) 3. Construct collector tank with the necessary structural elements to include reinforcement, inserts, sumps, and hand rails. (Division 3) 4. Provide sewer and potable water connections as shown on the drawings. Furnish and install deck finish beyond splash pad. 5. Provide chlorine resistant caulking and backer rod on pool decks. (Division 7) 6. Provide pool signage as required by local code and as recommended by equipment manufacturer. (Division 1) D. Work specified in other sections and to be completed by other contractors: 1. Furnish and install all hose bibs and deck drains as shown on the drawings. 2. Furnish and install sanitary sewer pipe from the filter room to connect to the existing system. 3. Furnish and install water service to all hose bibs and autofill system. 4. Furnish and install motor starters, wiring, and variable speed drives and other electrical control devices to the devices associated with the operation of the pool systems. (Division 16) 5. Ground and bond all pool structures, fittings, and equipment in accordance with the latest edition of the NEC. Test and verify system electrical ground is solid and provide certification. (Division 16) 6. Obtain all necessary permits, inspections, and approvals of wiring to include grounding and bonding of all metal components. (Division 16) 7. Confirm all electrical conduits that penetrate the pool shell are watertight and installed per the latest edition of the NEC. (Division 16) 1.03 REFERENCES A. Applicable requirements of the following Specifications and Codes apply to work of this Section: 131213-2 1. National Spa and Pool Institute (NSPI): Minimum Standards for Public Swimming Pools. 2. Florida Building Code Chapter 454 "SWIMMING POOLS AND BATHING PLACES (PRIVATE AND PUBLIC) 3. Florida Administrative Code 64-E9 "PUBLIC SWIMMING POOLS AND BATHING PLACES" 4. National Electrical Code (NEC). 5. National Sanitation Foundation (NSF): Seal of approval program. 6. Gunite Contractors Association (GCA): Technical Publication G-84 entitled Gunite and Shotcrete. 7. American Society for Testing and Materials (ASTM): Specifications referenced herein. 8. American Society of Mechanical Engineers (ASME) Coding and Labeling. 1.04 REGULATORY REQUIREMENTS A. The system shall comply with all necessary approvals obtained by the Architect from local regulatory agencies governing the design and construction of public swimming pools and splash pads. B. The Contractor shall give all necessary notices, obtain all permits, and pay all government fees associated with his work. In addition, he must file all necessary drawings, prepare all documents and obtain all necessary approvals of government departments having jurisdiction, obtain all required inspection certificates and deliver same to Architect prior to requesting final acceptance and payment for work. C. The Contractor shall include in the work, without extra cost to the Owner, any labor, materials, services, equipment, or drawings in order to comply with the applicable laws, ordinances, rules and regulations, whether or not shown and/or specified. 1.05 SUBMITTALS A. All submittals shall be made in accordance with Division 1 — General Requirements and in strict compliance with the following procedures and guidelines. 131213-3 B. Shop drawings and engineering data shall be tabbed, indexed, referenced to the specifications, and bound. The submittals should be grouped into two sets: splash pad (shell, piping diagrams, pipe, fittings, water features, main drain sumps and grates, and miscellaneous items located in the pool area and surrounding deck) and mechanical equipment (pumps, filtration, strainers, chemical systems, controls, motors, drives, UV system, and miscellaneous equipment housed in the pool equipment room.) All equipment, piping, and materials shall be clearly identified in accordance with the labels used in the drawings. The sets should be submitted separately and only complete sets will be reviewed. 1. Engineering data covering all systems, equipment, structures and fabricated materials shall be submitted for review. This data shall illustrate in sufficient detail and scale to show the size, arrange, and operator of component materials and devices, external connections, anchorage and supports needed, and performance characteristics. The submittals must provide assurance that the equipment will fit in the space allotted. 2. All submittals shall be stamped with the approval of the Contractor and identified with the name and number of this contract, Contractor's name, and referenced to the application specification paragraphs and contract documents. 3. Review of drawings and data submitted by Contractor will cover general conformity to the drawings and specifications. Review does not indicate a thorough review of all dimensions, quantities, and details of materials or equipment. C. Provide all testing reports and certifications to the Architect. D. Furnish the Architect with all permits and receipts for fee payments. 1.06 OPERATION AND MAINTENANCE MANUALS AND CLOSEOUT SUBMITTALS A. At the completion of the work, the Pool Contractor shall furnish to the Owner bound copies of an operation manual. Minimum content of these manuals shall be: 1. Operating Instructions, including start-up, routine and normal operation, shutdown and emergency conditions. 2. Equipment Literature with parts list of all equipment, recommended maintenance schedules, lubrication and maintenance instructions, and trouble -shooting information. 3. Water Chemistry Procedures 4. Suggested Safety Procedures 131213-4 5. Copies of all manufacturer's warranties 6. Wiring Diagrams 7. Water Level Control and Operation 8. Instructions for draining and refilling collector tank, to include dewatering provisions if necessary. B. At the completion of the work, the Pool Contractor shall fill the collector tank with water and instruct the Owner's operating personnel in the operation of all equipment, winterization requirements, filling requirements, and general maintenance. The training sessions should be video documented, with the video being submitted with the Operation and Maintenance Manuals. 1.07 RECORD DRAWINGS A. Contractor shall provide a complete set of record drawings for the entire pool system. All record drawings shall be prepared in accordance with Division 1. One full size bound set and in electronic copy shall be provided to the Owner. 1.08 QUALITY ASSURANCE A. The project Drawings and Specifications supplement each other. In the event of a conflict, the Specifications shall govern. Piping locations are schematic. Precise locations of piping shall be determined by actual field conditions. Fittings are not shown. The Pool Contractor shall include all fittings normally required for a completed system. B. Pool Contractor to be responsible for design and installation of pools, including layouts, routing of piping, as well as the proper location and quantities of required accessories. Responsibilities also include necessary valves, devices, and controls for pool system as required. C. All materials and equipment furnished under this contract shall be of new and of good quality. 1.09 QUALFICATIONS A. The specifications and drawings include one commercial splash pad system intended for public recreational use. As such, it is a mandatory requirement that all bidders will have achieved the appropriate experience as a prerequisite for bidding this project. 1. The CONTRACTOR shall illustrate that they have the required experience in constructing public splash pads in the State of Florida. In order to be considered, the CONTRACTOR must have been a licensed Florida Commercial Pool Contractor for at least ten 131213-5 (10 years), completed five (5) Florida commercial pools of 4,000 square feet or larger in the past five (5) years, and completed at least at least five (5) public -use splash pads in Florida with individual surface areas greater than 1,000 square feet within the past 5 years. Submit a list of projects with the name, address, telephone number, and email address (if available) of the Owner's Operator and the Architect / Engineer of record with the bid. Failure to provide accurate contact information may result in the rejection of the bid. 2. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the Owner that the bidder as the appropriate experience and qualifications to complete the work described herein. 1.10 CONTRACTOR'S ALTERNATE PROPOSAL A. The Contractor shall submit his bid to the owner based on the materials, equipment, and methods specified in this Section. No substitution of material will be accepted. B. Any proposed system or equipment substitution must have written authorization by the Engineer within ten (10) days prior to the bid date. All proposed substitutions of specified construction methods and equipment shall include a complete submittal incorporating all required changes. The submittal must be to scale, legible, and concise. A list of ten (10) satisfactory installations comparable to this project that have been manufactured and installed under the current manufacturer's legal name, must accompany the submittal in addition with the name, address, phone number, and email address (if available), of the Owner's operator and Architect / Engineer of Record. Architect will approve or reject the substitution within five (5) days prior to the bid date. C. Any changes or modifications to the Contract Documents that are not authorized by the Architect shall be the sole responsibility of the Contractor. 1.11 DELIVERY, STORAGE AND HANDLING A. Deliver material in manufacturer's original packaging, with labels intact and legible. B. Store products in areas protected from weather, moisture, or possible damage; do not store products directly on ground; handle products to prevent damage to interior or exterior surfaces. C. Remove damaged materials from site. 131213-6 1.12 COORDINATION A. The Contractor shall be responsible for reviewing the complete set of Contract Documents and coordinate with other contractors and subcontractors all work relating to this section. B. The Contractor must establish with other contractors or subcontractors, having related work in this section, that all work necessary to complete the pool as shown on the drawings and specified herein, is included in the based bid and alternates to the Owner. C. The Contractor shall notify the Architect within ten (10) days prior to the bid date for any clarification regarding the responsibility for work covered in the section and/or discovery of errors or omissions in the bidding documents. 1.13 WARRANTIES A. The Contractor shall warrant, to the Owner and Architect, his work will be free of from defects in labor and equipment and that that the work conforms to the requirements of the contract documents. Work not conforming to these requirements, including substitutions not properly approved, may be conserved defective. All warranties shall be for a period of one year from the date of Substantial Completion or the owner begins using the pool, unless otherwise specified, below: 1. Defects in material or workmanship of the splash pad structure causing water loss for a period of three (3) years. 2. Defects in material, workmanship, and installation of the splash pad piping system for a period of three (3) years. 3. Manufacturer's minimum five (5) year warranty on the automated water chemical controller against defects in material and workmanship. 4. Manufacturer's minimum five (5) year warranty on the UV system and control panel against defects in material and workmanship. (Unit shall be commissioned by a factory certified technician.) B. The Contractor shall agree to repair or replace any defective work at no cost to the Owner upon written notification from the Owner within the warranty period. 1.14 WATER QUALITY AND CHEMICALS A. The Contractor shall provide the necessary chemicals to balance the splash pad water to the following levels. 131213-7 B. Contractor to maintain the water chemistry and balance until the splash pad pool and mechanical equipment are fully operational and accepted by the Architect. C. Contractor to provide the appropriate quantities of chemicals to maintain the pool operation for a minimum of thirty (30) days from substantial completion or when the Owner begins using the pool. D. Chemicals to be provided by the Contractor include those required by the chemical feed systems. PART 2 — PRODUCTS 2.01 GENERAL Equipment specified on the plans are to be considered as basis of design. Refer to plans for specific manufacturer information for splash pad treatment equipment, interactive toys, and collector tank. 2.02 PUMPING EQUIPMENT A. Recirculation and Feature Pumps: 1. All recirculation and feature pumps must be certified by the National Sanitation Foundation (NSF). 2. Basis of Design: Pentair WhisperFLOXF VS (5 hp) with integrated strainer and programmable VFD. • Filter pump: 100 gpm @ 65 ft • Feature pump: 120 gpm @ 60 ft B. Pressure Gauges 1. Pressure gauges shall be installed on the discharge of the pumps. 2. Compound gauges shall be installed on the intake port of the pump, after the hair and lint strainer. 3. Gauges shall be liquid filled, 316L stainless steel bourdon tube type with a minimum 2 -1/2 inch diameter dial, high impact polypropylene or stainless steel case, corrosion resistant white scale with black markings, 300 Series stainless steel heavy duty rotary bushed movement, black pointer. 131213-8 4. Scale ranges shall be selected to match the normal system operating pressure of each system or location. Pressure ranges be calibrated in psig and vacuum ranges shall be calibrated in inches of mercury. 5. Provide isolation brass valves or brass gauge cocks at each gauge for easy replacement and maintenance. 6. Contractor to provide link seals for all pipe penetrations. Link seal shall form a continuous rubber seal that is tightened with a series of stainless steel bolts to form a watertight seal. Metal parts shall be 316 stainless steel. 7. Contractor is to provide plastic wall sleeves of the appropriate sizes designed for the specific application and seal size and type. Each sleeve is to have an integrated water stop. 2.03 FILTRATION A. General 1. The system shall be supplied complete by the manufacturer and shall include: internals, face piping and valves, gauge panel with tubing and petcocks, sight glass, air relief connection, bottom drain connection with internal strainer. The filtration system shall be NSF certified and bear the certification mark. 2. System shall be fabricated and fully assembled at the manufacturer's plant for pressure testing and dimensional verification. System shall be knocked down for shipping purposes in subassemblies for minimum field assembly. Internal manifold and lateral piping shall be factory installed and shipped in place. 3. The system shall utilize high pressure sand filtration. No other filtration methods will be accepted. B. Filter System 1. Thirty -Six inch Diameter Sand filter (36 %2") with 7.69 square feet of filter surface area full flow three inch (3") multiport valve. The sand filter tank is heavy duty one piece re -enforced fiberglass constructed with UV resistant outer coating surface finish. Sand filter includes easy access, heavy duty closure with integral pressure gauge with air -relief valve, swing away diffuser for easy access to sand and internal parts, all internal parts are threaded for ease of service, maximum operating pressure — 50 p.s.i. Sand filter to include backwash site glass. Filter media is to be provided by contractor. Basis of Design: Fluidra 66711-53 131213-9 2.04 PIPING A. General 1. Provide all piping between the pool and equipment room and all interconnecting piping between the recirculation equipment and chemical systems and controllers. 2. Provide all necessary pipe supports required to secure the pipes and associated fittings and valves. 3. Provide all tubing, conduit, or piping associated with equipment specified herein. B. Pipes 1. Pipe routing as shown on drawings is schematic only and is not intended to show all fittings and exact locations. Installation is required to be adjusted to accommodate interference and adjustments. 2. All PVC piping shall be NSF approved and meet the requirements of ASTM D-1785. 3. All PVC piping and fittings to be the product of one manufacturer. Approved manufacturers include Spears, Elson, Harvel and Chemtrol or approved equal. 4. Swimming pool piping under below the deck or pool equipment room floor shall be Schedule 80. Piping above the deck and floor of the equipment room can be Schedule 40. 5. All piping under the pool floor shall be backfilled with a 1" minus fine crushed aggregate conforming to ASTM C136, and per recommendations indicated within the geotechnical report. Fill material shall be submitted to the Architect for review and approval prior to placement of any below grade pool pipe. 6. All below grade pool piping not located beneath the splash pad can be backfilled with native granular material free of ice, clay, debris, organic matter, and rocks larger than 4", and per the recommendations of the geotechnical report. 7. Chemical feed lines from chemical feeders to recirculation piping must be Schedule 80 PVC piping. All required valves shall be PVC, with appropriate gasket material for the service. 8. All flanged plumbing connection material shall be stainless steel. 9. All pressure piping to be hydrostatically tested for leaks to guarantee water tightness. 131213-10 10. PVC piping shall be cut square with appropriate tools. The ends shall be chamfered to ensure a food joint strength. All plastic -to - plastic pipe joints shall be by means of IPS #724 CPVC heavy body cement. This cement is specification formulated for chemical resistance to hypochlorite solution in PVC pipe systems. Pipe and fittings shall be of the same material. Solvent cement must be applied while the surface is wet. Allow the joint to cure for adequate time before pressure testing. C. Pipe Supports 1. All pipe hangers and pipe support systems shall be manufactured by Anvil International, or approved equal. D. Valves 1. Valves larger than 3" shall be butterfly type, PVC body, with stainless steel shaft, polypropylene disk and replaceable resilient seat. Extended neck 2 inch beyond flanges for any insolated piping shall be provided with handle for manual operation. Valve to be Asahi/America or approved equal. 2. Valves smaller than 3" shall be PVC true union ball valves, full port, three piece construction, Viton seal with socket end connectors. 3. Check valves shall be quick closing, non —slam type, self aligning or wafer type, of corrosion resistant materials suitable for swimming pool usage. Install per manufacturer's recommendations. Check valves to be provided on each pump discharge and as shown for chemical feed systems. Check valves to be either Technocheck Corp., 5005 Series, with PVC body and disks, stainless steel bolts, connectors and fittings, or bronze/stainless steel body with 310L stainless internals; or shall be by Centerline/Crane, Series 800 elastomeric lines, with bronze/stainless disks and 316L stainless fittings or approved equal. 4. All valves 7 feet or greater above the floor shall be equipped with a chain operator. 5. Submerged valves shall be equipped with stainless steel connectors. 6. All butterfly valves 8 inches or greater shall be fitted with a water tight gear operator. F. Pipe and Valve Identification 1. All exposed piping to be labeled with flow arrows every 30 inches per local and state swimming codes. 131213-11 2. All valves shall be identified with 1-1/2 inch diameter brass tags. Valves should be identified as to their function and referenced in the Operation and Maintenance Manual to be prepared by the Contractor. G. Testing 1. All piping shall be pressure tested and reviewed by the Owner's testing agency prior to backfilling. 2. All pipe pool to be hydrostatically tested to a minimum of 50 psi for 2 hours. 2.05 HYPOCHLORITE AND ACID PUMPING SYSTEMS A. Chemical pumps shall be a positive displacement, peristaltic type tubing pump with a variable speed motor, non -spring loaded roller assembly located in the pumphead, integral tube failure detection system, and flexible tubing with attached connection fittings. Pump to have external dial ring, 5-100% in 2.5% increments. 1. All housings polycarbonate. Pump head rollers polyethylene. Roller bushings to be oil impregnated bronze. 2. There shall be no valves, diaphragms, springs, or dynamic seals in the fluid path. Process fluid shall contact the pump tubing assembly and connection fittings only. 3. Capable of self priming at the rated maximum pressure. 4. Capable of running dry without damage. 5. Suction lift shall be 25 feet of water. 6. Pump shall have a one year manufacturer's warranty that includes chemical damage to the pump head and roller assembly caused by a ruptured pump tube assembly. 7. The pumps shall be electrically connected to and operated by the chemical controller. 8. Pumps shall be interlocked with the recirculation and feature pumps to ensure pumps shut off when recirculation system is not operating. 9. Pumps to have power cord plug end: 120V, 60 Hz, NEMA 5-15P. 10. Provide non-metallic wall mounted shelf to support the pumps. B. Manufacturer 13 12 13-12 The pump shall be 45M5 (50 gpd capacity) for sodium hypochlorite dosing and 45M3 (22 gpd capacity)as manufactured in the U.S.A. by Stenner, or approved equal. 2.06 CHEMICAL STORAGE A. This specification covers upright, flat bottom storage tank assemblies (with lids) for the storage of sodium hypochlorite and muriatic acid. The tanks of the same material furnished under this Section shall be supplied by a manufacturer who has been regularly engaged in the design and manufacturing of rotationally molded polyethylene chemical storage tanks using high density linear polyethylene tanks for over ten years. Basis of design: Chemtainer or preapproved equal. B. Each tank is molded in one-piece seamless construction by rotational molding (laminated or fabricated tanks will not be accepted). The tanks are designed for above -ground, vertical installation and are capable of containing chemicals at atmospheric pressure. The assembly shall be designed to prevent rainwater from entering the containment tank. Tank capacities are: Sodium Hypochlorite: 100 gallons Muriatic Acid: 30 gallons C. Warranty The tank shall be warranted for three years in regards to defects in materials and workmanship. The warranty on fittings and accessories that are supplied by the tank manufacturer will be for one year. The warranty will begin at time of shipment. D. Marking, Packing and Packaging 1. The tanks shall be marked to identify the product, date (month and year) of manufacture, capacity, and serial number. 2. All fittings that do not interfere with tank shipment shall be installed unless otherwise specified. Fittings and accessories that interfere with tank shipment or could be broken during shipment are shipped separately. 2.07 UV SYSTEM A. General 1. Ultraviolet light sanitizes, 230V, 1 phase, 242 GPM maximum flow to produce a UV dosage rate of 40mJ/sec/cm2 at the end of the bulb life. The UV equipment shall have a MET or equivalent (ETL, 13 12 13 -13 CSA, or US) listing, be NSF 50 certified and 3 d party validated to the USEPA UVDGM guidelines. 2. The UV equipment shall be provided in a complete package to include a stainless-steel chamber, Spectra Control System located in a NEMA 12 (IP -52) rated panel, medium pressure bulb(s) designed to emit wavelengths withing the UVC electromagnetic spectrum, automatic wiper system, and a Project Commissioning by a Certified Ultraviolet Technician. 3. The UV chamber unit is manufactured of 316L stainless steel, with 3" flanged ANSI 150 RF fittings and produces wave lengths that operate within a 200 nanometer to 400 nanometer range or UV -C spectrum and remain unaffected by water temperature variance. 4. Basis of Design: Evoqua Water Technologies Wafer UV Unit. B. Ultraviolet Lamp and Reactor The lamp shall be connected via means of a plug connector and shall have a mechanical interlock to prevent lamp removal when lit for safety reasons. 2. The unit shall be constructed of 316L stainless steel electropolished and passivated to prevent corrosion with the harsh pool environment. The chamber shall come complete with ultraviolet intensity monitor factor calibrated to provide intensity in mWcm2, monitors providing percentage of lamp output not acceptable. The chamber must also include a built-in alarm system to notify operator when output level drops below the required 40 mj/cm2 level. Ultraviolet temperature monitoring system shall be provided to maintain system integrity in the event of flow interruptions to the chamber. 4. Ultraviolet chamber shall be complete with annealed quartz sleeve with "O" ring seals for water tightness. System shall be complete with advanced seal arrangement to reduce of risk of quartz over -compression on the seal face. C. UV Control System 1. Control cabinet shall be a SPECTRA control unit and or pre - approved equal. 2. Three levels of operation shall be provided to meet the needs of the operator and pool equipment: Simple Control (start, stop and 131213-14 reset), Full Parameter Display, and Customized Operator Configuration. 3. The display shall include the following: Ultraviolet calculated dose, Ultraviolet intensity, Lamp Current, Flow Rate (gpm), Chamber Temperature, Operational hour meter, Fault indicators to include lamp fault, low ultraviolet & temperature alarm, ground fault trip, wiper fault. 4. All alarm functions shall have simple text message display to assist in fault finding. 5. The Control System shall have a minimum of the following system interface control: Remote operation, Process interrupt features, Low UV dose, Flow meter input, Auto -Restrike, Half to full power Ultraviolet setting with 24 hour/ 7 day settable timer, Variable power/dose pacing interface. D. Automatic Wiper System 1. An automatic cleaning system shall be provided for cleaning of quartz sleeve and Ultraviolet monitor probe. The system shall travel the entire length of the quartz sleeve twice per desired cleaning cycle. Precision molded wiper rings shall be provided to ensure thorough quartz tube cleaning and quartz tube protection. Wiper cycle shall be user selectable and adjustable within a range of 5 minutes to 24 hours depending on anticipated application and deposit build-up. At a minimum the Automatic Wiper system shall have the following characteristics: • System shall utilize direct drive with square faced coupling and acme threaded shaft to prevent slippage and pin shearing. • Wiper power supply shall be 24 -volt DC for improved safety. Higher voltage not acceptable. • System shall incorporate Direct Shaft Encoding for positional location. Systems relying on external limit switches or internally located magnets will be unacceptable. • Wiper intervals shall be operator selectable with optional override switch. • Wiper faults are to be indicated on the control system display. • Wiper System to utilize "Intelligent Operation" for automatic start-up commissioning. 2. Position must be fixed and not depending on a time interval or component striking end of chamber. Establish a travel run 131213-15 without using limit switches to ensure system integrity and longevity. E. Quality Assurance 1. All system components shall be supplied by the contractor by a single equipment supplier. 2. The equipment supplier shall have at least twenty (20) year experience providing medium pressure UV systems to the Aquatics market. F. Warranty 1. Manufacturer to warranty Ultraviolet chamber and Spectra Control panel for a period of 5 years excluding lamps, quartz, and seals. 2. Medium pressure Ultraviolet bulbs shall be warranted for a period of 8,000 hours. 3. Manufacturer must maintain spare or replacement parts in the USA for same day or no longer than next day delivery to North America. 2.08 WATER CHEMISTRY CONTROLLER A. General 1. An automated water chemistry controller shall be supplied to constantly monitor pH and chlorine and automatically implement chemical feeding in proportion to the demand to ensure appropriate water chemistry. 2. Controller shall be a factory assembled system including the controller, sensors, machined acrylic flow cell, rotary flow sensor, and PVC backboard. 3. Controller shall be Hayward Model CAT4000 or equal. 4. System shall be NSF / ANSI Standard 50. B. Specifications 1. The controller shall have 0.1 pH and 5.0 MV accuracy. 2. Display range: pH 1.0 — 9.9, ORP 5-995 MV 3. Set point range: pH 7.0-8.0, ORP 200-995 MV 4. pH and ORP Mode Selections: auto / off / manual S. Safety Systems: 13 12 13-16 a. Controller shall be equipped with audible and visual alarms for pH, ORP, pH priority feed, supplemental feed modes, pH and ORP overfeed timeout, and flow alarms. b. Controller shall be equipped with a magnetic flow sensor. c. Controller unit shall have the ability to perform a diagnostic self test. d. Alarms formats shall be email, text message, visual, and audible. 6. Controller requires 120 Volt AC, 15 amp, 60 Hz. 7. Enclosure shall be 7" x 7" x 2.3" glass -filled polycarbonate. C. Warranty 1. CAT 4000 automated controller shall be warranted to be free of defects in material and workmanship for a period of five years from date of shipment from factory or authorized distributer. Liability under the warranty shall be limited to the repair or replacement of any device or component which is returned to the factory within five years of delivery to original purchaser. 2. Sensor, flow sensors, fittings, and accessories shall be warranted to be free of defects in material and workmanship for a period of one year from date of shipment from the factory or authorized distributor. Professional Series pH and ORP sensors shall be warranted for a period of two years from the date of shipment from the factory or authorized distributor. 2.09 COLLECTOR TANK A. General 1. Subterrain collector tank, heavy-duty fiberglass, one-piece molded construction on bottom shell and lid. Fabricating the bottom shell from fiberglass sheets and caulking the joints will not be acceptable. 2. The tank is pre -plumbed and pre -wired, ready for installation. As shown on the drawings. 3. All pipe connection fittings to be glassed and sealed to the tank wall for watertight integrity. The use of bulkhead type fittings will not be accepted. 13 12 13-17 5. A leveling skid fabricated from steel tubing shall be glassed to the vault bottom allowing for clearance of the sump and for ease of leveling and handling of the vault on site. 6. Basis of Design: Vakpak 1350. 2.10 FLOW METERS A. Flow Meter 1. A pitot type meter shall be installed on the feature and filter return piping. The meter shall be impact ball, variable area type with one piece, impact resistant machined acrylic plastic body. Scale to be etched or imprinted on the meter and the flow rate indicator to be of stainless steel. Scale range to be for specific flow rate with the maximum range equal to or greater than 150% of the permitted flow. Approved manufacturer is BLUE -WHITE or equal. 2. Flow meters to be installed per manufacturer's recommendations and on a straight run of pipe. Unless otherwise noted by the manufacturer, the meters shall be installed a minimum 10 pipe diameters upstream and minimum 5 feet downstream of any pipe fitting. 2.11 INTERACTIVE SPLASH PAD ELEMENTS A. Interactive Toys 1. Above grade play products shall be manufactured from 304/304L stainless steel. The anchoring system and associated fastening hardware shall be manufactured from 304/304L stainless steel. The surface finish shall be a polyester glossy heat -cured powder coat or polished stainless steel that is UV and chemical resistant and suitable for public spaces. Rigid centricast fiber reinforced (FRP) and/or molded fiberglass, PVC, filament, galvanized steel or aluminum wound shall not be utilized for any above grade play product structures. 2. All grade level aquatic play features shall be manufactured from 304/304L stainless steel. The anchoring system and associated fastening hardware shall be manufactured from 304/304L stainless steel. The grade level play products are to be furnished with appropriate winterization caps. Rigid centricast fiber reinforced (FRP) and/or molded fiberglass, PVC, filament, galvanized steel or aluminum wound shall not be utilized for any above grade play product structures. 3. Spray nozzles, caps and head shall be manufactured from brass and shall use tamper resistant tools for installation and removal. HDPE, 13 12 13-18 PVC, or Delrin materials shall not be utilized for any of the spray nozzles, caps and/or heads. 4. All polyethylene, polyurethane, elastomers, and polymers used for paneling, signage or water deflection shall be resistant to chlorinated water and be ultraviolet stabilized to inhibit sunlight fading. 5. Basis of Design: Waterplay ® by MAKR. B. Controller 1. Industrial grade field programmable PLC, four (4) inch color touch + 32 GB card. 2. Powder coated NEMA 4X enclosure 3. 24 VDC 75W constant voltage power supply with multiple integrated protection features. 4. Dedicated vault fan circuit with quick acting5A fuse. 5. Configured sequencing per activator. 6. Capable of actuating up to 44 valves and bypass valve. PART 3 — EXECUTION 3.01 EXAMINATION A. Examine areas in which work is to be performed. Report in writing to the General Contractor all prevailing conditions that will adversely affect satisfactory execution of work. Do not proceed with work until unsatisfactory conditions have been corrected. C. Starting work constitutes acceptance of the existing conditions and this Contractor shall then, at his expense, be responsible for correcting all unsatisfactory and defective work encountered. 3.02 PREPARATION A. Verify that all work by others, related to this section, has been completed. This includes all earthwork, concrete work, and mechanical, electrical and plumbing connections. B. Perform earthwork and dewater excavation in compliance with Division 2. C. Protect all materials and work completed by others from damage while completing the work in this section. 3.03 INSTALLATION A. Concrete: Refer to Division 3 for installation requirements. 13 12 13-19 1. The completed structures shall be constructed level and to the dimensions, elevation, depths and thickness as shown on the plans. B. Equipment: 1. Install all equipment where shown on the Drawings. 2. Flow meters: Install in straight run of pipe having a minimum length of 10 pipe diameters upstream and 5 pipe diameters downstream and in a position that can be easily read by operator. 3. Chemical feed injection points: Locate downstream from all filter room equipment. 4. Contractor shall install all anchors and inserts to be imbedded in the deck including all fittings, inserts, and structure sleeves as needed. Removable equipments items shall be easily removed from anchors. 5. All equipment shall be installed per the manufacturer's recommendations. C. Piping: 1. Cut all pipe with mechanical cutter without damage to pipe. 2. Placing and Laying: Inspect pipe for defects before installation. Clean the interior of pipe thoroughly of foreign matter and keep clean during laying operation. Pipe shall not be laid in water or when trench conditions are unacceptable as determined by the Owner's Representative. Water shall be kept out of the trench until the pipe is installed. When work is not in progress, open ends of pipe and fittings shall be securely closed so that no trench water, earth or other substance will enter the pipes or fittings. 3. Threaded Joints: After cutting and before threading the pipe shall be reamed and shall have burrs removed. Screw joints shall be made with graphite or inert filter and oil or with an approved graphite compound applied to male threads only. Threads shall be full cut and not more than 3 threads on the pipe remain exposed. Use Teflon tape on the male threads of all threaded pipe joints. Caulking of threaded joints to stop or prevent leaks will not be permitted. Unions shall be provided where required for disconnection of exposed piping. Unions will be permitted where access is provided. 4. Solvent welded joints shall be made in accordance with the manufacturer's printed instructions and the following minimum standards: 13 12 13-20 a. Fittings shall fit easily on the pipe before applying cement. The outer surface area of pipe and inner wall of fitting shall be dry and clean. Cleaner is to be applied to the outer surface of the pipe and to the inner surface of the fitting. Cement is to be applied to the outer surface of the pipe, or on the male section of fittings only. When the outside surface area of the pipe is satisfactorily covered with cement allow ten (10) seconds open time to elapse before inserting pipe end into fitting. After full insertion of pipe into fitting, turn fitting about the pipe end approximately 1/8 to 1/4 of a turn. Wipe off excess cement at the joint in a neat cove bead. b. Joints shall remain undisturbed for a minimum of 10 minutes from time of jointing the pipe and fitting. If necessary to apply pressure to a newly made joint, limit to 10% of rated pipe pressure, during the first 24 hours after the joint has been made. c. Full working pressure shall not be applied until the joints have set for a period of 24 hours. d. Make provisions for expansion and contraction by way of swing joints or snaking. e. Protect plastic pipe from exposure to aromatic hydro -carbons, halogenated hydro -carbons, and most of esters and ketones that attack the material. Protect all pipe from mechanical damage and long exposure to sunlight during storage. S. Install piping without cross connections or inter -connection between distribution supply for drinking purposes and the swimming pool that will permit a backflow of water into the potable water supply. Pipe openings shall be closed with caps or plugs during installation. Equipment and pool fittings shall be tightly covered and protected against dirt, water and chemical or mechanical injury. At the completion of work the fittings, materials and equipment shall be thoroughly clean and adjusted for proper operation. 6. Above Ground Piping Systems a. Install piping to conserve building space, not interfere with use of space and other work. b. Route piping in orderly manner, and maintain gradient. c. Group whenever practical at common elevations. 13 12 13-21 d. Install piping to allow for expansion and contraction without stressing pipe, joints, or connected equipment. Provide access to valves and fittings. e. Pipe relief valve outlet and backwash to nearest floor drain. f. Install unions downstream of valves and at equipment or apparatus connections. g. Install piping in accordance with ASME B31.9. h. Sleeve pipe passing through partitions, walls and floors. i. Install piping to allow for expansion and contraction without stressing pipe, joints, or connected equipment. j. Provide access where valves and fittings are not accessible. k. Slope piping and arrange systems to drain at low points. 1. Where pipe support members are welded to structural building framing, scrape, brush clean, and apply one coat of zinc rich primer to welds. m. Prepare unfinished pipe, fittings, supports, and accessories, ready for finish painting. n. Install valves with stems upright or horizontal, not inverted. o. Sleeve pipes passing through partitions, walls and floors. 7. Filter Face Piping: Arrange to carry out operations of filtering backwashing and filter draining. S. Valve identification: Label all valves. 9. Testing and Flushing: a. Pressure Piping: Afterthe pipe is laid, the joints completed, and the trench partially backfilled leaving joints exposed for examination, subject new lines to a hydrostatic pressure of not less than 50 pounds per square inch. Joints shall remain watertight under this pressure for a period of two hours. b. Gravity Lines: A water test shall be applied to all gravity drain piping system, either in their entirety or in sections. All openings shall be tightly plugged and each system filled with water and tested with at least a 10 foot head of water. Water shall be kept in the system, or in the portion under tests, for at least 15 minutes before the inspection starts. System shall be tight at all joints. 13 12 13-22 c. Flushing: Pipelines leading to the pool shall be thoroughly flushed clean with chlorinated water before the pool is filled and placed in use. 10. Pipe Supports a. Pipes shall be properly supported by pipe hangers and supports. b. Inserts: 1. Provide inserts for placement in concrete forms. 2. Provide inserts for suspending hangers from reinforced concrete slabs and sides of reinforced concrete beams. 3. Provide hooked rod to concrete reinforcement section for inserts carrying pipe 4 inches and larger. 4. Where concrete slabs form finished ceiling, locate inserts flush with slab surface. 5. Where inserts are omitted, drill through concrete slab from below and provide through -bolt with recessed square steel plate and nut flush with top of slab. 6. Support horizontal piping as schedule. 7. Install hangers to provide minimum 1/2 inch space between finished covering and adjacent work. 8. Place hangers within 12 inches of each horizontal elbow. 9. Use hangers with 1-1/2 inch minimum vertical adjustment. Design hangers for pipe movement without disengagement of supported pipe. 10. Support riser piping independently of connected horizontal piping. 11. Where piping is installed in parallel and at same elevation, provide multiple pipe or trapeze hangers. 12. Prime coat exposed steel hangers and supports. Hangers and supports located in crawl spaces, pipe shafts, and suspended ceiling spaces are not considered exposed. 13. Provide hangers adjacent to motor driven equipment with vibration isolation. 131213-23 14. Horizontal SCH 80 PVC piping shall be supported in accordance with the manufacturer's recommendations and as listed below. PVC - Wall Schedule 80 - Support Spacing (feet) MPS Operating Temperature (°F) (inches) 160 100 140 t 1/2 5 "4 1/2— �2 1/2 3/4 51/2 141/2 2 1/2 1 6 5 3 11/2 61/2 S 1/2 31/2 2 7 16 :3 1/2 9 71/2 '41/2 6 10 19 5 11 '9 1/2 51/2 13 12 13-24 15. Horizontal SCH 40 PVC piping shall be supported in accordance with the manufacturer's recommendations and as listed below. PVC - Wall Schedule 40 - Support Spacing (feet) NPS Operating Temperature (°F) COPPER (inches) 60 100 140 1/2 41/2 a 2 1/2 3/4 5 4 21/2 1 51/2 =41/2 21/2 11/4 51/2 � 5 3 PVC & CPVC DIAMETER 11/2 6 ; 5 3 COPPER Feet 2 6 ;5 3 3 7 ?,6 .31/2 4 71/2 i6 1/2 4 6 81/2 71/2 4 1/2 8 9 ;8 4 1/2 5 16. Pipe Hanger Spacing: Pipe hangers shall be spaced pert he schedule 1 below and shall have hangers not more than one foot on each side 6 of every change in direction. The piping systems shall be installed in an approved manner and shall not overload the building structural frames. PIPE PVC & CPVC COPPER MINIMUM MINIMUM SIZE PIPING TUBING HANGER ROD HANGER Inches MAXIMUM MAXIMUM DIAMETER ROD HANGER HANGER PVC & CPVC DIAMETER SPACING SPACING PIPING COPPER Feet Feet Inches TUBING Inches 1/2 3 5 3/8 3/8 3/4 3 5 3/8 3/8 1 3 6 3/8 3/8 131213-25 1-1/4 4 7 3/8 3/8 1-1/2 4 8 3/8 3/8 2 4 8 3/8 3/8 2-1/2 4 9 1/2 1/2 3 4 10 1/2 1/2 4 4 12 5/8 5/8 5 4 13 5/8 5/8 6 4 14 3/4 3/4 8 4 16 3/4 3/4 10 4 18 7/8 7/8 12 4 19 7/8 7/8 3.04 FIELD QUALITY CONTROL A. Treat and balance pool water prior to turnover of pool to Owner. B. Balance water to establish: Total alkalinity: 80-100 ppm Calcium hardness: 20-275 ppm Total Available CHL (Pool): 1.5 ppm Free Available CHL (Pool: 1.5 ppm Total Available CHL (Spa): 3.0 ppm Free Available CHL (Spa): 3.0 ppm pH: 7.4-7.6 Iron content: 0.0 ppm Copper content: 0.0 ppm Saturation Index -.3-+.3 C. Stabilization (outdoor pool) 40 ppm END OF SECTION 131213-26 SECTION 3105 10 SITE PREPARATION PART 1- GENERAL 1.01 SUMMARY A. The Contractor is required to provide all materials, equipment, labor and work to construct the project in accordance with the Contract Documents. B. This work includes, but is not limited to, the following items specified in this section: 1. Protection of existing trees, shrubs and manmade improvements. 2. Site preparation of Streets, Highways, Traffic, and Service. 3. Removal of existing storm sewer piping and inlets or other utilities indicated for removal on the plans, saw cutting and removal of concrete or asphalt pavement. 4. Removal of trees and vegetation. 5. Clearing and grubbing. 6. Topsoil stripping. A. The General Conditions and Special Provisions are made a part of this section and incorporated herein. 1.03 QUALITY ASSURANCE A. Prior to commencing any site work, the Contractor shall satisfy himself as to the accuracy of all survey data and/or other existing conditions indicated on the drawings and in these specifications, and/or as otherwise provided by the Owner. Should the Contractor discover any inaccuracies, errors or omissions in the survey data or other representations, he shall immediately notify the Engineer that proper adjustments can be anticipated or ordered. Commencement by the Contractor of any work on the project site or sites shall be held as full acceptance of the accuracy of the survey data and other site information by him, after which time the Contractor shall have no claim against the Owner resulting from any alleged errors, omissions or inaccuracies of the survey data or representations of the site conditions. B. Tolerance for backfill elevation in restoration of cleared and grubbed areas shall be ±0.1 foot to the required grade. 1.04 SUBMITTALS A. Not applicable 1.05 SAMPLING AND TESTING A. Not applicable PART 2 - PRODUCTS 310510-1 Not applicable. PART 3 - EXECUTION 3.01 PROTECTION A. Existing Improvements: For facilities which are not to be removed, the Contractor will provide adequate means for protecting all structures, buildings and utilities, located underground, at grade or above grade from damage resulting from all construction and related activities. The Contractor will protect and hold the Owner and his agents harmless against damage and claims for damage resulting from any and all such activities. 1. The above protection will extend to the Owner's property, all adjoining properties, and any and all areas traversed during or as a consequence of the work. 2. The Contractor, at his sole expense without additional cost to the Owner, will restore any and all damage resulting from the work, regardless of its location, to its original condition to the full satisfaction of the Owner. B. Streets and Highways: The Contractor will provide, erect, and maintain effective barricades, danger signals and signs on all intercepted streets or highways and in other locations where required for the protection of the work and the safety of the public. 1. Barricades or obstructions which encroach on, or are adjacent to public right- of - way shall be provided with lights which shall be kept burning at all times between sunset and sunrise. Conform to all City, State, and local laws and regulations in the use of streets and highways. The Contractor is responsible for all damages resulting from any neglect or failure to meet these requirements. 2. Work shall be coordinated and/or arranged to cause a minimum of disturbance to normal pedestrian and vehicular traffic. Adequate means of access to all public and private properties during all stages of construction shall be provided. Unless approval in writing is secured from the utility company or Owner, there shall be no interruption of service to present customers of such utilities requiring repairs, changes, or modifications caused by the construction work. Contractor shall coordinate his work with the Owner to minimize traffic control problems. C. Existing Trees and Vegetation: The Contractor will protect existing trees and other vegetation that are indicated to remain and/or the removal of which is not strictly necessitated by the work. 1. Trees and Vegetation shall be protected from, at minimum, unnecessary cutting, breaking or skinning of roots, bruising, or skinning of bark, smothering by piles of excavated or stockpiled dirt, supplies, material or debris located within the drip line of trees or otherwise adjacent or upon vegetation, excess vehicular or foot traffic, or parking of vehicles upon vegetation or within the drip lines of trees. 2. Contractor shall mark trees and demarcate landscaped areas to be protected, including the provision of barricades and/or temporary guards as necessary for protection. 310510-2 3. Contractor will water trees and other vegetation to remain within the limits of the contract work as required to maintain their health during the course of construction operations. 4. Contractor will provide protection for roots over 1-1/2 inch diameter that are cut during construction operation, by sealing cut faces with tar or other acceptable coating formulated for use on plants. Roots to be exposed for a minimum length of time shall be wrapped or covered with burlap which is to be kept wet until the roots are again covered with soil. 5. Trees, shrubs, or other vegetation which are damaged or inadvertently removed when not strictly required by the work or approved by the Engineer shall be replaced "in kind" or better to the full satisfaction of the Engineer and the Owner of the damaged area. 3.02 CLEARING AND GRUBBING A. General: Contractor will remove surface and subsurface vegetation, and all trash and debris necessary to permit construction of the work. "Removal" includes disposal in an approved and legal manner. Contractor will also remove other surface and subsurface material outside the immediate limits of the work as may be specifically indicated on the drawings on described herein. B. Clearing: Contractor will clear site of trees, shrubs, brush, logs, and rubbish except for those trees and plants indicated to be preserved. C. Grubbing: Contractor will completely remove stumps, roots and other debris protruding through the ground surface. Stumps and all roots shall be removed to a depth of at least eighteen (18) inches below subgrade elevation. 2. Use only hand methods when grubbing inside the drip line of trees to remain. 3. Fill depressions caused by clearing and grubbing with satisfactory soil unless further excavation is indicated. Such fill is to be placed in horizontal layers not more than 6" in loose depth, and compacted to a density to match that of the adjacent soil. 3.03 STRIPPING A. General: Where required by excavation, embankment or other work, topsoil and uncontaminated subsoil shall be removed to a minimum depth of six (6) inches. Additional soil may be stripped at the direction of the Engineer, or as elsewhere required in these specifications. Stripped soil may be reused as topsoil provided it is friable, loamy surface soil suitable for the planting of grass. Suitability shall be based upon the presence of a dense growth of grass prior to stripping. In addition, stripped material to be reused as topsoil shall be reasonably free from subsoil, clay lumps, brush, objectionable weeds, roots, or other objectionable material. Topsoil shall not contain stones, wood or other objects either organic or inorganic greater than 2 inches in any dimension. 310510-3 2. Stripped soil that does not satisfy the criteria in Section 3.03(A)(1) above, or is otherwise objectionable to the Engineer, shall be waste, and become the property of the Contractor for disposal off-site. B. Storage: Stripped soil to be reused as topsoil shall be stored on site in a location that will not interfere with vehicular or pedestrian traffic nor be allowed to mix with storm -water runoff to produce siltation downstream of the work area. 3.04 DEMOLITION A. Removal and disposal of any existing obstructions resting on or protruding through the ground and in excavated areas, including but not limited to water mains and services, sanitary sewer services, abandoned gas or water mains within the work area, utility lines, light pole foundations, manholes, and drainage structures and associated piping required to accomplish the work indicated on the plans shall be considered site preparation. Saw cutting of existing concrete or asphalt pavement where indicated on the plans shall be to full depth of surface pavement and limerock base in preparation for new placement of base material and pavement per the plans and specifications. Saw cutting, removal and disposal of concrete or asphalt pavement shall be considered part of site preparation. 3.05 WASTE MATERIALS A. Disposal: All material and refuse resulting from clearing and grubbing operations shall be disposed of by removal to an off-site landfill or other appropriate site. The Contractor shall be prepared to produce proper documentation of disposal upon request. B. Burning: Burning of waste material will not be allowed. 3.06 SILTATION AND EROSION A. Contractor shall take all necessary steps and make suitable provisions to minimize siltation and erosion, wind and/or water borne, which may occur during, or as a result of, his operations during the construction of this project. Contractor shall fully satisfy all rules and regulations of those agencies with jurisdiction which address siltation and/or erosion, including but not limited to, City of Atlantic Beach, St. Johns River Water Management District, Florida Department of Environmental Protection (FDEP), and United States Environmental Protection Agency- Region IV (EPA). C. The Contractor shall utilize erosion and siltation prevention devices and methods as necessary to fully satisfy any permit requirements, the site conditions and provide the necessary protection. 3.07 CLEANUP AND RESTORATION A. Cleanup: As soon as backfilling is completed, the affected areas shall be cleaned and regraded, all surplus materials removed and left free, clean, and open to traffic. Trenches not properly filled, or if settlement has occurred, shall be refilled, smoothed off and finally made to conform to the original or indicated grade line and surface as applicable. Any settlement that occurs after paving or other surfacing 310510-4 shall be corrected as directed by the Engineer. Debris and waste materials shall be removed from the site as soon as practicable during construction. B. Restoration of Disturbed Areas: The Contractor shall restore all areas disturbed by construction to existing conditions or better. C. Mailboxes shall be reinstalled as soon as backfilling is completed. END OF SECTION 310510-5 SECTION 311100 CLEARING AND GRUBBING 1.01 GENERAL A. Description: Work under this section of the specifications consists of clearing and grubbing for the construction as shown on the plans, and the disposal of materials and debris resulting from the clearing and grubbing operations. The area of construction shall be cleared as required, subject to the approval of the Owner. The extent of clearing shall be minimized to the width required for installation of the work. The Contractor is expected to visit the sites of the work and determine the extent of the clearing and grubbing necessary for construction operations. 1.02 EXECUTION A. Clearing: Clearing only consists of the removal of all trees, living or dead; stumps; down timber; brush; rubbish; and all other objectionable debris from the area to be cleared. Trees, stumps, and brush may be cut off flush with the surrounding ground surface or removed with a bulldozer at the option of the Contractor. Should selective clearing be desired, the Owner will select and mark, or otherwise designate, the trees or ornamentals to remain standing. B. Clearing and Grubbing: On areas specified to be cleared and grubbed, all trees, stumps, down timber, brush, and other objects standing on or protruding from the ground shall be removed. All roots shall be grubbed and removed a minimum of eighteen inches (18") below the surface of the ground. Holes caused by grubbing operations shall be filled to the level of adjacent ground. C. Selective Clearing and/or Grubbing: Special attention shall be given by the Contractor to saving, protecting, and preserving any existing trees, shrubs, or other vegetation so designated by the Owner. The Owner or his representative will select and mark, or otherwise designate, trees, ornamentals, or other vegetation to be preserved. D. Disposal: All material and debris resulting from clearing, or clearing and grubbing operations shall be disposed of in a manner approved by the Engineer. It shall be the responsibility of the Contractor to obtain permits for hauling and disposal in areas where such permits are required and the Contractor shall be responsible for any and all damage to surrounding property or areas caused by the hauling operations. E. Cleanup: In accordance with the General Conditions and Section 0177 00. END OF SECTION 311100-1 SECTION 3120 00 EARTH MOVING PART 1- GENERAL 1.01 SUMMARY A. Provide earth moving as shown and as specified. Comply with applicable provisions of Div. 00 and 01. 1.02 RELATED SECTIONS 3105 10 — Site Preparation. 1.03 CLASSIFICATION A. Excavation of materials encountered under this work will be unclassified without regard to type, difficulty to remove, or suitability for use in construction. 1.04 SUBMITTALS A. Test Reports: Submit reports for laboratory and field tests required under "Testing" article. Test reports for footing, slab, and pavement subgrades shall be submitted prior to placing concrete or paving materials. 1.05 TESTING A. Contractor shall arrange and pay for soil sampling and testing by a qualified testing agency, acceptable to Owner and independent of Contractor. Test soil materials for suitability for intended purpose using standard, recognized procedures. B. Determine mechanical analysis, liquid and plastic limit, and moisture -density curve (ASTM D1557) for each type of soil encountered. C. During course of work, testing agency shall inspect and approve subgrades and fill layers before further construction work is performed on each layer. Perform field density tests as follows: Footing Subgrade: Perform at least one field density test to verify required design bearing capacities shown on drawings for every 10,000 sq ft of structure area, but in no case less than three tests. 2. Structure Slabs and Paved Areas: Perform at least one field density test on fill subgrade for every 2000 sq ft of structure slab or paved area, but in no case less than three tests. In each compacted fill layer, perform at least one field density test for every 2000 sq ft of overlaying structure slab or paved area, but in no case less than three tests. 3. Utility Trench Backfill (Pavement and Structure Areas): Perform at least two field density tests in random compacted backfill layers for every 400 linear feet of trench under pavements and structures. 4. Foundation Wall Backfill: Perform at least two field density tests at locations and elevations as directed. 312000-1 D. If in opinion of Engineer, based on reports of testing agency and inspection, subgrade or fills which have been placed are below specified density, provide additional compaction and testing at no additional cost to Owner. 1.06 PROTECTION A. Protect existing improvements, utilities, trees and shrubs, and reference marks in accordance with Section 3105 10. 1.07 BLASTING A. Use of explosives is not permitted. PART 2 — PRODUCTS 2.01 SOIL MATERIALS, GENERAL A. Soil materials shall be free of organic matter, debris, frozen soils, ice, and other objectionable materials. Rock particles larger than maximum size specified shall be removed prior to placement of soil. B. Select existing material from required excavations maybe used for fill or backfill if it meets the specified product requirements. If necessary, furnish additional approved material from suitable off-site sources. 2.02 GRANULAR FILL, BEDDING, AND BACKFILL A. Select soils to comply with AASHTO M-145 —Classification of Soils and Soil - Aggregate Mixtures for Highway Construction Purposes. 2.03 FILL AND BACKFILL A. Previously excavated soils, free of aggregate larger than 3 in., and suitable for intended purpose. PART 3 — EXECUTION 3.01 PREPARATION A. Prepare site for work in accordance with Section 3105 10. Layout and stake lines and grades as required to complete the work. 3.02 EXCAVATION A. Excavate to achieve necessary dimensions, lines, grades, and cross-sections. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 ft. B. For footings and foundations, take care not to disturb bottom of excavation. Excavate to final grade just before concrete is placed. Trim bottoms to required lines and grades to leave solid, undisturbed base to receive granular fill, base course, or concrete as shown. 3.03 TRENCHING A. Excavate trenches so that pipe can be laid safely and accurately to required line and grade. Hand excavate for bells, fittings and projections to allow for proper jointing and to insure that pipe rests evenly along barrel and is not resting on bell. 31 20 00-2 B. In sand and gravel soils, bottom of trench may be shaped to fit bottom 1/3 of pipe. In silt or clay soils, bottom of trench shall be 4 in. below pipe barrel and 3 in. below bell. Under foundations and footings, bottom of trench shall be 8 in. below pipe. Provide Granular Bedding as specified below. 3.04 UNAUTHORIZED EXCAVATION A. Unauthorized excavation consists of removal of materials beyond indicated elevations or side dimensions without specific direction of Engineer. Unauthorized excavation, as well as remedial work, shall be at Contractor's expense. Notify Engineer if unauthorized excavations are made. B. Backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed. 3.05 ADDITIONAL EXCAVATION (OVER EXCAVATION) A. When excavation has reached required subgrade elevation, notify Engineer who will make an inspection of conditions. Inform Engineer of unsuitable, unconsolidated subgrade soils. B. If unsuitable bearing materials, such as poorly compacted fill, existing foundations, rubble, debris, or organic deposits, are encountered at required subgrade elevations, carry excavations deeper and replace excavated material with properly compacted Fill as directed by Engineer. C. Removal of unsuitable material and its replacement as directed will be paid for as extra work. Do not proceed with extra work until authorized. 3.06 STABILITY OF EXCAVATION A. Maintain sides and slopes of excavations in a safe condition per OSHA guidelines until completion of backfilling. Slope sides of excavations to angle of repose of material excavated; otherwise, shore and brace where sloping is not possible either because of space restrictions or stability of material excavated. Comply with applicable codes and ordinances. 3.07 DEWATERING A. Perform earthwork in a manner to prevent surface water and ground water from flowing into excavations. Promptly remove water from excavations using pumps, sumps, and dewatering system components necessary to convey water away from excavations. If underground springs are encountered, notify Engineer before proceeding. B. Dewatering may require a "Generic Permit for the Discharge of Produced Groundwater from Any Non -Contaminated Site Activity." Groundwater testing may be required. The cost of any dewatering permit and required testing shall be paid by the Contractor. 3.08 STOCKPILING A. Stockpile excavated materials meeting the requirements for fill and backfill where directed until required for the work. Place, grade, and shape stockpiles for proper 312000-3 drainage. Locate stockpiles a sufficient distance from edge of excavations to prevent such material from falling or sliding into excavations and to prevent cave-ins. 3.09 COLD WEATHER PROTECTION A. Protect excavation bottoms against freezing when atmospheric temperature is less than 35 deg F by covering with dry insulating materials of sufficient depth to prevent frost penetration. 3.10 EXAMINATION OF SUBGRADE A. Examine subgrade prior to placement of fill or backfill. Do not place materials on frozen subgrade. Plow, strip, or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that material will bond with subgrade. When subgrade has a density less than that specified for the particular area, breakup ground surface, pulverize, moisture -condition to optimum content, and compact top 12 in. to density specified in Part 4 Schedules. 3.11 FILLING AND BACKFILLING, GENERAL A. Do not place fill or backfill until required excavation and subgrade preparation have been inspected and approved by Engineer. B. Place fill or backfill in approximately horizontal layers; do not exceed the maximum lift thickness specified in Part 4 Schedules before compaction. Spread piles and windrows uniformly. C. Adjacent to structures, place fill or backfill to prevent damage and allow structures to assume loads gradually and uniformly, at approximately the same rate on all sides of structure. 3.12 TRENCH BEDDING AND BACKFILL A. Bedding, haunching, and initial backfill for rigid pipes shall be in accordance with ASTM C12, Class C or better. Bedding, haunching, and initial backfill for flexible pipes shall be in accordance with ASTM D2321, Class II or better. B. Trenches dug in sandy or gravelly materials may use undisturbed earth for bedding provided surface is shaped to conform to pipe. Provide Granular Bedding in all other trenches from subgrade to a point supporting bottom 1/3 of pipe for rigid pipe and to springline (mid -height) for flexible pipe. Place and compact bedding so that it fills and supports pipe haunch area. C. Immediately after installation of pipe, provide tamped Granular Backfill up to a minimum depth of 1 ft above pipe. Take special care in placing and tamping initial backfill material so alignment and grade of pipe is not disturbed nor pipe damaged. 3.13 BACKFILL A. Provide Backfill material to bring excavations to natural or designated grade. 3.14 GRADING A. Grade area within project limits by cutting and/or filling as necessary to achieve lines and grades shown. Grade areas adjacent to structure lines to drain away from structure to prevent ponding. Finish surface to be reasonably smooth and free from 312000-4 irregular surface changes. Tolerance for areas to receive topsoil shall be 0.3 ft above or below established grade, less allowance for topsoil. Tolerance for areas to be paved shall be 0.1 ft above or below established pavement subgrade. 3.15 COMPACTION A. Compact each layer of soil material to not less than the percentage of maximum density specified in Part 4 Schedules. B. Provide compaction equipment required to obtain specified compaction. Compaction by travel of grading equipment is not considered adequate for uniform compaction. Small vibratory compactors are required wherever fill is placed adjacent to foundation walls, footings, and piers. Pipe bedding and initial backfill shall be hand or mechanically tamped. C. During placement and compaction, maintain moisture content of materials within optimum range. 3.16 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Remove excess excavated material, trash, debris, and other waste materials and legally dispose of them off-site. PART 4 — SCHEDULES 4.01 COMPACTION SCHEDULE Location Lift ThicknessM Compaction (2) Below foundations, slabs, pavements, walks and other 12" 98% designated parking areas Bedding and initial backfill around pipe and conduit 6" 95% Unpaved areas 10 feet or less outside structure line 811-101, 95% Unpaved areas more than 10 feet outside structure line 12" 95% (1) Place manually compacted materials in maximum 4 -inch lifts. (2) Percent of maximum density determined in accordance with AASHTO T99 Method C (Standard Proctor Test). END OF SECTION 31 20 00-5 SECTION 3122 00 GRADING PART 1 GENERAL 1.01 SUMMARY A. Provide site grading, including preparation of subgrade for pavements and walks, as shown and as specified. Comply with applicable provisions of Div. 00 and 01. 1.02 RELATED SECTIONS 3105 10 - Site Preparation. 3120 00 Earth Moving 1.03 CLASSIFICATION A. Excavation of materials encountered under this work will be unclassified without regard to type, difficulty to remove, or suitability for use in construction. 1.04 SUBMITTALS A. Test Reports: Submit reports for laboratory and field tests required under "Testing" article. Test reports for slab and pavement subgrades shall be submitted prior to placing concrete or paving materials. Make submittals in accordance with Section 01 33 00. B. Samples: Two weeks prior to start of construction, indicate source and submit samples of proposed fill and backfill materials for testing and review. Make submittals in accordance with Section 0133 00. 1.05 TESTING A. Contractor shall arrange and pay for soil sampling and testing by a qualified testing agency, acceptable to Owner and independent of Contractor. Test soil materials for suitability for intended purpose. B. Test subgrade and fill materials for gradation in accordance with ASTM C136 for conformance with AASHTO M-145 gradation limits. Test materials for liquid limit and plasticity index in accordance with ASTM D4318. Analyze materials within 3 ft of finished grades of paved areas to determine frost susceptibility. C. Provide one optimum moisture -maximum density curve for each type of soil encountered in subgrade and fills under structure slabs and foundations and paved areas; determine maximum densities in accordance with ASTM D1557. D. During course of work, testing agency shall inspect and approve subgrades and fill layers before further construction work is performed on each layer. Perform field density tests in accordance with standard, recognized procedures. Take tests as follows: 1. Structure Slabs: Perform at least one field density test on fill subgrade for every 2000 sq ft of structure slab, but in no case less than three tests. In each 312200-1 compacted fill layer, perform at least one field density test for every 2000 sq ft of overlaying structure slab, but in no case less than three tests. 2. Paved Areas: Perform at least one field density test on fill subgrade for every 10,000 sq ft of paved area, but in no case less than three tests. In each compacted fill layer, perform one field density test for every 10,000 sq ft of paved area, but in no case less than three tests. E. If in opinion of ENGINEER, based on reports of testing agency and inspection, subgrade or fills which have been placed are below specified density, provide additional compaction and testing at no additional cost to Owner. 1.06 PROTECTION A. Protect existing improvements, utilities, trees and shrubs, and reference marks in accordance with Section 3105 10. PART 2 PRODUCTS 2.01 SOIL MATERIALS, GENERAL A. Soil materials shall be free of organic matter, debris, frozen soils, ice, and other objectionable materials. Rock particles larger than maximum size specified shall be removed prior to placement of soil. B. Select existing material from required excavations may be used for fill or backfill if it meets the specified product requirements. If necessary, furnish additional approved material from suitable off-site sources. 2.02 STRUCTURAL FILL A. Select soils complying with AASHTO M-145 soil classification system groups A -1-a, A- 1 -b, A-3, or A-2-4; or these groups in combination with groups A-2-5, A-2-6, or A-2-7. Maximum aggregate size shall be 1/2 specified lift thickness. Maximum 15% by weight shall pass a No. 200 sieve; plasticity index shall not exceed 5. 2.03 SITE FILL A. Select, natural, free draining soils complying with AASHTO M-145 soil classification system groups A -1-a, A -1-b, A-3, A-2-4, A-2-5, A-2-6, or A-2-7, or combinations thereof, and suitable for compaction. Maximum aggregate size shall be 1/2 specified lift thickness. PART 3 EXECUTION 3.01 GRADING A. Grade area within project limits by cutting and filling as necessary to achieve new lines and grades shown. B. For lawn areas, allow 4 in. for topsoil placement. For landscape plants, allow 6 in. for topsoil placement. For surfaced areas such as slabs, pavements, and walks, grade to underside of respective surfacing or base course. C. Grade excavated and filled sections and adjacent transition areas to be reasonably smooth, compacted, and free from irregular surface changes. Degree of finish shall 31 22 00-2 be that ordinarily obtained from either blade grader or scraper operations, except as otherwise specified. Tolerance for areas to receive topsoil shall be 0.3 ft above or below established grade, less allowance for topsoil. Tolerance for areas to receive surfacing shall be 0.1 ft above or below established subgrade. 3.02 SUBGRADE PREPARATION A. Examine subgrade prior to placement of fill. Remove any organic materials or debris subject to rot or corrosion. Plow, strip, or break-up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with subgrade. In structure areas, compact exposed subgrade in-place to the density specified in Part 4 Schedules by several passes of a large vibratory roller traveling at a relatively slow rate. C. In pavement areas, proof roll exposed subgrade with a loaded, tandem axle dump truck to detect soft or yielding areas. D. Notify ENGINEER of unsuitable, unconsolidated subgrade soils. 3.03 FILLING A. Provide Structural Fill under structure slabs, pavements, and walks. Provide Site Fill in unpaved areas. B. Place fill in approximately horizontal layers; do not exceed maximum lift thickness specified in Part 4 Schedules before compaction. C. During placement and compaction, maintain moisture content of materials within optimum range. Compact each layer of fill to not less than the percentage of maximum density specified in Part 4 Schedules. D. Do not place fill on frozen subgrade. 3.04 MAINTENANCE A. Protect newly graded areas from traffic and erosion, and keep free of trash and debris. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. B. Maintain erosion control measures to prevent run-off and sediment pollution of adjacent water courses. 3.05 DISPOSAL OF EXCESS AND WASTE MATERIALS A. Remove excess excavated material, trash, debris, and other waste materials and legally dispose of them off-site. 312200-3 PART 4 SCHEDULES 4.01 COMPACTION SCHEDULE Location Lift Thickness Compaction(') Structure Slab, Pavement, and Walk Areas Structure Slabs Pavement and Walk Areas Unpaved Areas See Section 3120 00 8" -10" 98% 8" —10" 95 12" 95 (1) Percent of maximum density determined in accordance with AASHTO T 99 (Standard Proctor test). END OF SECTION 31 22 00-4 SECTION 3125 00 EROSION & SEDIMENTATION CONTROLS PART 1- GENERAL 1.01 DESCRIPTION A. In addition to the requirements of the applicable sections in Divisions 00 and 01. 1. All erosion, sedimentation and water pollution control features shall be in place or relocated as necessary prior to the start of any clearing, grading or construction. Contractor shall be responsible for the installation and maintenance of all temporary erosion control features. Location of the control features shall be as required to facilitate drainage and control erosion and sedimentation within and adjacent to the site. 3. Control features are defined as, but not limited to, swales, berms, silt fences, silt barriers and temporary fences. 4. Compliance with Florida Administrative Code 62-621.300(4) Notice of Intent (NOI) to use Generic Permit for Stormwater Discharge from Large and Small Construction Activities. 1.02 QUALITY ASSURANCE A. The provisions for prevention, control and abatement of erosion, sedimentation and water pollution shall be as stated in the FDOT Standard Specifications for Road and Bridge Construction, Section 104, latest edition, and as required by the St. John's River Water Management District. B. The provisions for BMP standards and specifications to control erosion and sediment during construction as stated in the "Florida Development Manual: A Guide to Sound Land and Water Management" for stormwater and non -point source management. 1.03 PERMITS A. A Notice of Intent to use Generic Permit for Stormwater Discharge from Large and Small Construction Activities shall be required for this project. 1.04 SUBMITTALS A. Procedures shall be in accordance with General Conditions. B. Product data: Manufacturers' literature, application instructions and samples. C. List of materials and their characteristics for other erosion control items. D. Stormwater Pollution Prevention Plan Action Plan A. Do not start work until the NOI has been submitted. B. Do not start work until erosion control measures are in place. 312500-1 PART 2 - PRODUCTS 2.01 MATERIALS A. Silt Barriers 1. One (1) type of silt barriers shall be installed in accordance with the plans: silt barriers installed on the ground. 2. Silt barriers (filter fabric) shall be synthetic and contain ultraviolet ray inhibitors and Stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of zero degree Fahrenheit (0° F) to one hundred twenty degrees Fahrenheit (120° F). Hay bales shall not be used for silt barriers, unless specifically approved by the Engineer. 3. Filter fabric shall be a pervious sheet of propylene, nylon or polyester and shall be certified by the manufacturer or supplier to conform to the following specifications: Filter efficiency (Test VTM-51): 75% Minimum tensile strength at 20% elongation 120 lbs. (Test ASTM -D-1682): Tear strength (Test ASTM D2263): 50 lbs. 4. Contractor shall submit further filter fabric specifications and installation configuration prior to start of construction. 5. Silt barriers shall be maintained in place until substantial completion of the Project. 6. Filter fabric shall be purchased in a continuous roll cut to the length of the barrier to avoid use of joints. When joints are necessary filter fabric shall be spliced together only at a support post, with a six-inch (6") overlap, and securely sealed. 7. The following items shall be installed and maintained in accordance with the applicable sections of the FDOT Standard Specifications: a. Temporary silt fences and staked silt barriers b. Floating silt barrier B. Temporary Fence 1. Brightly colored fence as manufactured by Mirafi, product Mirasafe, or approved equal. 2. Material shall be four feet (4') high, attached to six feet (6') metal posts at twelve feet (12') centers. Posts shall be driven eighteen inches (18") into ground. C. Filter Fabric for Placement Beneath Rip -Rap 1. Filter Fabric should be Mirafi 60OX or approved equal. 312500-2 D. Rip -Rap 1. Rubble type rip -rap consisting of broken stone meeting the requirements of Section 530-2.3 of the FDOT Standard Specifications for Road and Bridge Construction, latest Edition. PART 3 - EXECUTION 3.01 GENERAL A. Temporary erosion control features shall consist of, but not be limited to, temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, artificial coverings, berms, baled hay or straw, floating silt barriers, staked silt barriers, and staked silt fences. Design details for some of these items may be found in the Water Quality Section of the applicable edition of the FDOT Design Standards. All of these items shall be constructed in accordance with applicable sections of the FDOT Standard Specifications. B. Incorporate permanent erosion control features into the project at the earliest practical time. Correct conditions, using temporary measures, which develop during construction to control erosion prior to the time it is practical to construct permanent control features. C. Construct temporary and permanent erosion and sediment control measures and maintain them to prevent the pollution of adjacent water ways in conformance with the laws, rules and regulations of Federal, State and local agencies. D. Copies of approved permits will be provided to the Contractor for his review and use. Contractor shall be required to comply with all General and Special Conditions noted within the permit by the particular permitting agency. The Contractor shall maintain copies of these permits on the job site at all times. 3.02 INSTALLATION A. The following items shall be installed and in accordance with the FDOT Standard Specifications. The procedures are only generally described herein. Temporary Grassing: This work shall consist of furnishing and placing grass seed. 2. Temporary Sod: This work shall consist of furnishing and placing sod. Temporary Mulching: This work shall consist of furnishing and applying a two- inch to four -inch thick blanket of straw or hay mulch and then mixing or forcing the mulch into the top two inches of the soil in order to temporarily control erosion. Only decayed straw or hay, which can readily be cut into the soil, shall be used. Other measures for temporary erosion control such as hydro -mulching, chemical adhesive soils stabilizers, etc., may be substituted for mulching with straw or hay with the approval of the County. When permanent grassing operations begin, temporary mulch materials shall be plowed under in conjunction with preparation of the ground. 312500-3 4. Sandbagging: This work shall consist of furnishing and placing sandbags in configurations, so as to control erosion and siltation. Slope Drains: This work shall consist of constructing slope drains, utilizing pipe, fiber mats, rubble, cement concrete, asphaltic concrete, plastic sheeting, or other acceptable materials, in accordance with the details shown in FDOT Design Standards or as suitable to adequately perform the intended function. 6. Sediment Basins: Sediment basins shall be constructed in accordance with the details shown in FDOT Design Standards or as suitable to adequately perform the intended function. Sediment basins shall be cleaned out as necessary. 7. Artificial Coverings: This work shall consist of furnishing and applying fiber mats, netting, plastic sheeting, or other approved covering to the earth surfaces. 8. Berms: This work shall consist of construction of temporary earth berms to divert the flow of water from an erodible surface. This work shall consist of construction of baled hay or straw dams or earth berms to protect against downstream accumulations of silt. The baled hay or straw dams shall be constructed in accordance with the details shown in FDOT Design Standards. b. The berm dam shall be placed so as to effectively control silt dispersion under conditions present on this project. Alternate solutions and usage of materials may be used if approved. Filter Fabric for placement beneath rip -rap: a. Unroll filter fabric adequately longitudinally with the swale. b. Install anchoring pins in the fabric to protect the material from wind uplift. c. Toe filter fabric into soil a minimum of twelve inches (12") at the top and bottom of the slope. 10. Rubble Rip -Rap: a. Rip -rap should be placed carefully to not damage or displace the filter fabric. Filter fabric which rips or becomes displaced during rip -rap placement should be repaired. The placement of the rip -rap should proceed from the bottom up to the top of the slope. At no time should the rip -rap be dumped onto the fabric from the tip of the slope and allowed to roll down the surface of the fabric. b. Placement of rip -rap shall be in accordance with Section 530 of the FDOT Standard Specifications for Road and Bridge Construction, latest edition. c. Minimum thickness of rip -rap layer is two feet (2'). 3.03 SILT BARRIERS 31 25 00-4 A. Silt barriers shall be installed and maintained at the locations shown on the Drawings. The Contractor is required to prevent the possibility of silting onto any adjacent parcel. B. Silt barrier shall be of the staked type and stakes shall be installed as indicated in the Drawings. C. The height of the silt barrier fabric shall be a minimum of forty-two inches (42") D. The stakes shall be two inch (2") x four inch (4") wood, five feet (5') long and shall be spaced a maximum of ten feet (10) apart at the barrier location and driven securely into the ground. E. A trench shall be excavated approximately four inches (4") wide by four (4") deep along the line of stakes. The filter fabric shall be tied or stapled to the wooden stakes and eight inches (S") of fabric shall be extended into the trench. The staples shall be heavy duty wire and at least one-half inch (1/2") long. The trench shall then be backfilled and the soil compacted over the filter fabric. 3.04 FLOATING SILT BARRIERS A. Floating silt barriers shall be located as shown on the Drawing and shall be in place prior to the start of any construction or grading. B. Floating silt barriers shall meet or exceed the FDOT Design Standards, Index No. 102, Floating Silt Barrier. Contractor shall submit fabric filter material specifications and installation configuration for approval prior to the start of construction. 3.05 TEMPORARY FENCE A. Furnish, install and maintain on wetland lines, buffer lines, tree save lines and otherwise as shown on Drawings. Attach silt barrier to the temporary fence. B. Follow manufacturer's installation recommendations. 3.06 MAINTENANCE A. Silt barriers and temporary fences shall be inspected immediately after each rainfall and at least once a day during periods of prolonged rainfall. Any repairs shall be made immediately. B. Should the fabric on a silt barrier or temporary fence decompose or become ineffective, the installation shall be repaired or replaced immediately at no additional cost to the County. If the Contractor fails to repair or replace the items as above, the Owner shall have the right to stop work without additional cost to the Owner in accordance with Article 15 of the General Conditions until such time as the repair or replacement has been made. C. Sediment deposits shall be removed after each storm event. The Contractor will repair and restore the installations to a working and effective condition to the satisfaction of the Owner. D. At the completion of all work, the silt barriers and the temporary fences will be removed unless otherwise directed by the Owner. 31 25 00-5 Any sediment deposits in place after the silt fence or filter barrier is no longer required shall be dressed to conform to the existing grade and prepared for seeding or sodding. 3.07 CONTROL OF CONTRACTOR'S OPERATIONS WHICH MAY RESULT IN WATER POLLUTION A. Take sufficient precautions to prevent pollution of streams, canals, lakes, reservoirs, wetlands and other sensitive areas with silt, sediment, fuels, oils, bitumens, calcium chloride, or other harmful materials. Conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of such streams, etc. and to avoid interference with movement of migratory fish. Do not pump the residue from dust collectors or washers into any water body. B. Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other impoundments shall be restricted to those areas where it is necessary to perform filling or excavation to accomplish the work shown in the contract Documents and to those areas which must be entered to construct temporary or permanent structures. As soon as conditions permit, promptly clear rivers, streams, and impoundments of all obstructions placed therein or caused by construction operations. C. Except as necessary for construction, do not deposit excavated material in rivers, streams, canals, or impoundments, or in a position close enough thereto, to be washed away by high water or run-off. D. Where pumps are used to remove highly turbid waters from enclosed construction areas such as cofferdams or forms, treat the water prior to discharge into State or other waters. Pump the water into grassed swales, appropriately vegetated areas, or sediment basins, or confine it by an appropriate enclosure such as siltation curtains when other methods are not considered appropriate. Do not contaminate State or other waters. E. Do not disturb lands or waters outside the limits of construction, unless approved in advance and in writing by the County. No operations within non -permitted wetlands or upland buffers are allowed. 3.08 PROTECTION DURING SUSPENSION OF CONTRACT TIME A. In the event that it is necessary that the construction operations be suspended for any appreciable length of time, shape the top of the earthwork in such a manner as to permit run-off of rainwater and construct earth berms along the top edges of embankments to intercept run-off water. Provide temporary slope drains to carry run-off from cuts and embankments which are located in the vicinity of rivers, streams, canals, lakes and impoundments. Should such preventative measures fail, immediately take such other action as necessary to effectively prevent erosion and siltation. END OF SECTION 31 25 00-6 SECTION 32 92 23 SODDING PART 1— GENERAL 1.01 SUMMARY A. All non -paved disturbed areas shall be sodded with sod matching the existing sod supplied from a sod farm in northeast Florida. Sodding shall be in accordance with Section 570 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition. 1.02 DESCRIPTION A. The works specified under this section shall include furnishing of all labor, materials, and equipment necessary for the sodding of grass on slopes, shoulders and specified other areas called for on the plans. END OF SECTION 32 92 23-1 SECTION 33 14 16 SITE WATER UTILITY DISTRIBUTION PIPING PART 1- GENERAL fil( 11•04I_l1411*91411J&14L1I &i A. The General Provisions of the Contract, including the General Conditions, Supplementary Conditions, and Special Conditions, if any, along with the General Requirements, apply to the work specified in this section. 1.02 SCOPE A. Work Included: 1. Domestic water lines. 2. Valves and boxes. 3. Backflow preventers. 4. Excavation and backfill. 5. Connection to existing water main (field verify location). 1.03 REFERENCED STANDARDS A. The JEA Water and Sewer Standards Manual, latest edition, referred to hereafter as the Utilities Standards. References to the Utilities Standards are used to specify materials, application, and installation. 1.04 SUBMITTALS A. Certificates: Submit manufacturer's certificate of material conformance with specifications. B. Test Reports: Submit certified pressure test reports and bacteriological clearances. C. Agency approval for sterilized line or increment. PART 2 - PRODUCTS 2.01 MATERIALS A. In accordance with the Utilities Standards. PART 3 - EXECUTION 3.01 INSTALLATION 33 14 16-1 A. In accordance with the Utilities Standards. 3.02 FIELD QUALITY CONTROL A. In accordance with the Utilities Standards. END OF SECTION 331416-2 SECTION 33 1419 VALVES AND HYDRANTS FOR WATER UTILITY SERVICE PART 1- GENERAL 1.01 RELATED DOCUMENTS A. The General Provisions of the Contract, including the General Conditions, Supplementary Conditions, and Special Conditions, if any, along with the General Requirements, apply to the work specified in this section. 1.02 SCOPE A. The work under this section includes the furnishing of fire hydrants, fitting and appurtenances required for a complete system, as shown on the drawings and specified herein. 1.03 REFERENCED STANDARDS A. The JEA Water and Sewer Standards Manual for Water and Wastewater Construction, latest edition, referred to hereafter as the Utilities Standards. References to the Utilities Standards are used to specify materials, application, and installation. 1.04 TEST REPORTS A. Fire hydrants and fittings delivered to the job site shall be accompanied by independent testing laboratory reports, certifying that the fire hydrants and fittings conform to the specifications listed herein. 1.05 CERTIFICATION A. The pipe manufacturer shall submit a notarized statement of certification as to conformance with the specified ASTM Specifications listed herein, and modifications thereto. Installation will not be permitted under any circumstances until the certification has been submitted and approved. 1.06 RESPONSIBILITY FOR MATERIALS A. The Contractor shall be responsible for the safe transporting of all materials to the site of the project. He shall assume responsibility for the replacement of all such materials found damaged in shipping or defective in manufacture. This shall include the replacement of all materials discovered to be defective prior to receipt and/or acceptance by the Owner. 33 14 19-1 1.07 STORAGE OF PIPING MATERIALS A. The interior, as well as all sealing surfaces of fire hydrants, fittings, and other accessories shall be kept free from dirt and foreign matter. Store on flat surfaces with uniform support. Fire hydrants stored outside shall be covered with canvas or other material. Air circulation shall be provided under covering. Keep gaskets away from oil, grease, electric motors (which produce ozone), excessive heat and direct rays of the sun. Manufacturer shall provide specific storage recommendations. 1.08 HANDLING OF PIPING MATERIAL A. Fire hydrant materials shall be unloaded, hauled and distributed at the site of the Project by the Contractor, unless otherwise directed by the Owner. Materials shall at all times be hauled properly to prevent damage in accordance with manufacturer's recommendations. Fire hydrants and fittings shall not be thrown, dropped, or dragged. PART 2 - PRODUCTS 2.01 MATERIALS A. In accordance with the Utilities Standards. PART 3 - EXECUTION 3.01 GENERAL REQUIREMENTS A. Fire hydrants shall be located generally as shown on the drawings. The Contractor shall investigate, well in advance of installation, any conflicts which may require re -adjustments in planned locations; and shall advise the Owner of the results of these investigations so that a determination may be made and instructions given by the Owner as to modifications that may be required. Each fire hydrant shall be inspected and tested before installation to verify that it is not damaged. Fire hydrants showing any visual defects shall not be installed under this Contract. Upon discovery, any defective fire hydrants which have been installed shall be removed and replaced with sound fire hydrant(s). 3.02 INSTALLATION A. In accordance with the Utilities Standards. f ��I Zd24:1y 1L0►1 33 14 19-2 SECTION 33 3100 SANITARY SEWERAGE PIPING PART 1- GENERAL 1.01 RELATED DOCUMENTS A. The General Provisions of the Contract, including the General Conditions, and Special Conditions, if any, along with the General Requirements, apply to the work specified in this section. 1.02 SCOPE A. Work Included: 1. Gravity sewer line. 2. Valves and boxes. 3. Cleanout. B. Related Work Specified Elsewhere: 1. Excavation and backfill: Section 3120 00 - EARTH MOVING. 1.03 REFERENCED STANDARDS A. The JEA Water and Sewer Standards Manual, latest edition, referred to hereafter as the Utilities Standards. References to the Utilities Standards are used to specify materials, application, and installation. 1.04 SUBMITTALS A. Certificates: Submit to Engineer manufacturer's certificates of material conformance with specifications. PART 2 - PRODUCTS 2.01 MATERIALS A. In accordance with the Utilities Standards. PART 3 - EXECUTION 3.01 INSTALLATION A. In accordance with the Utilities Standards. END OF SECTION 333100-1