Sterling Point Recreation Center_Building_Div 1 Specs_IFB FINAL.pdf

Sterling Point Recreation Center BASIC CONTRACT REQUIREMENTS

SECTION 01 0010

Issue for Bid - 09.11.2026 01 0010-1

SECTION 01010

BASIC CONTRACT REQUIREMENTS

PART 1 : GENERAL

1.01 SECTION INCLUDES

A. 1.2 - Summary of Work

B. 1.3 - Definitions and Abbreviations

C. 1.4 - Contract Documents

D. 1.5 - Regulatory Requirements

E. 1.6 - Site Examination

F. 1.7 - Contract Considerations

G. 1.8 - Bonds and Insurance(if required)

H. 1.9 - Indemnification

I. 1.10 -Coordination and Meetings

J. 1.11- Project Schedules

K. 1.12- Construction Facilities and Temporary Controls

L. 1.13- Shop Drawings and Product Submittals

M. 1.14- Material Samples and Mock-ups

N. 1.15- Product Options and Substitutes

O. 1.16- Materials and Equipment

P. 1.17- Application for Payment and Change Orders

Q. 1.18- Substantial Completion, Final Acceptance

R. 1.19- Change Orders And Contract Modifications

S. 1.20- Demonstrations, Operation, and Maintenance Data

T. 1.21- Warranties

1.02 SUMMARY OF WORK

A. The contractor shall supply all materials and labor required to complete the work illustrated in these drawings and written specifications for Sterling Point Recreation Center See Section 01010 – Summary of Work for further scope of work instructions.

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B. Unless otherwise provided in the Contract, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. The contractor shall, in addition, be responsible for all permits, fees, and miscellaneous costs associated with performing and installing the scope of work noted above.

1.03 DEFINITIONS AND ABBREVIATIONS

A. Owner:

The Word "Owner" shall mean Sterling Point Community Association c/o ACMI Management

B. Landscape Architect:

The words " Owner’s Representative " shall mean a representative of M2L Associates Inc., 8955 Katy Freeway, Suite 300, Houston, Texas 77024.

C. Contractor:

The word "Contractor" shall mean the party entering into contract with the Owner for performance of the work called for in these specifications and shown on the drawings, including the Contractor's authorized agents.

D. Subcontractor:

The word "Subcontractor" shall mean any person, firm, or corporation entering into agreement with the Contractor for the performance of any part of the Contractor's obligation under the Con-tract.

E. Contract:

The word "Contract" or “Agreement” shall mean the Contract documents and shall include the written Agreement entered into by the Owner and the Contractor for the performance of work described in the Specification and shown on the Drawings, together with the Notice Inviting Bids, the Instructions to Bidders, the Bid Form, the Specifications, the Drawings, all addenda issued by the Owner during the contract bidding and up to the opening of bids, and all change orders issued by the Owner and signed by the Contractor pertaining to the Contract after the Contract is awarded.

F. Contract Price:

The moneys payable by the Owner to the Contractor for the completion of the Work in accordance with the Contract Documents as stated in the Agreement.

G. Contract Time:

The number of days or the dates stated in the Agreement to: (1) achieve Substantial Completion;

and(2) complete the Work so that it is ready for final payment as evidence by the Landscape Architect or Owner’s Representative’s written recommendations of final payment

H. Drawings:

The words "Drawings" or "Contract Drawings" shall mean those drawings accompanying the Specifications which show the location, nature, extent and form of the work, together with ap-plicable details.

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I. Effective Date of The Agreement:

The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

J. Notice to Proceed

The written notice by the Owner’s Representative fixing the date on which the Contract Times will commence to run and on which the Contractor shall start to perform the Work under the Contract Documents.

K. Specifications:

The word "Specifications" shall mean the General Conditions and the Special Conditions of the Contract, including all addenda and change orders and divisions contained within these specifications.

L. Change Order:

A document recommended by the Owner’s Representative which is signed by the Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement

M. Substantial Completion:

The time at which the Work(or a specified part thereof) has progressed to the point where, in the opinion of the Owner’s Representative, 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 purpose for which it was intended.

N. Final Acceptance:

The time at which the Work has been fully completed and accepted by the Owner.

O. Work:

The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, materials, documentation of means and methods, furnishing and installing, and incorporating all materials and equipment into such construction, al as required by the Contract Documents.

P. The Site:

The word "Site" shall mean that area described on the drawings as that area defined by Contract limits. The work limits for the construction are limited to the area within the Contract limit line and/or property lines as shown on the Drawings.

1.04 CONTRACT DOCUMENTS

A. General:

1. It is the intent of the Contract Documents to provide complete and thorough documentation and instruction to ensure the proper execution of the Work described. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent

Issue for Bid - 09.11.2026 01 0010-4 consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.

2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

3. Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

4. The Contractor shall report discrepancies, errors, or omissions found in the Specifications or Drawings to the Owner’s Representative, who will issue a correction in writing. The Contractor shall not take advantage of any such discrepancies, errors, or omissions, but shall comply with any corrective measures regarding the same prescribed by the Landscape Architect.

5. In the event that items within this Section conflict with items listed in either the Contract or General Conditions in Division 0, the Contract and Division 0 General Conditions shall take precedence.

B. Contract Drawings:

The Contract drawings shall constitute all plans distributed at the time of Contract bidding include subsequent Addendums or Contract Revisions.

C. Specifications:

The Contract specifications shall constitute all technical specifications, bid documents, unit prices, copy of executed Contract, all applicable addenda, soils reports, and any other pertinent documents required for the proper execution of this Contract.

D. The Contract Drawings and Specifications are complementary and what is required by either one shall be as binding as if required by both. Should a discrepancy arise between the Contract Drawings an Specifications the more stringent of the two shall apply.

1.05 REGULATORY REQUIREMENTS & STANDARDS

A. Regulatory Requirements:(Including, but not limited to the following)

1. Perform work in accordance with all applicable laws, codes, and regulations required by au-thorities having jurisdiction over such work and provide for all inspections and permits required by Federal, State, and local authorities in furnishing, transporting, and installing materials

2. Any reference made with regards to streets or infrastructure development in the Specifications or Drawings to any specification, standard, or publication of any organization shall, if not specifically identified, be understood to refer to the latest edition of Standard Specifications for Construction of Highways, Streets, and Bridges: Texas Highway Department.

3. The Contractor shall comply with all required codes, standards and regulations applicable to this project, including those of The City of Baytown, Harris County, and the State of Texas and any and all applicable Federal Regulations.

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4. The Contractor shall comply with the Texas Department of Agriculture, General Pest Control Law, regarding the movement of any and all plants that may be infested and that may be in violation of any guarantees.

5. The Contractor shall carefully maintain any bench marks, monuments and other reference marks, and, if disturbed or destroyed, replace as directed.

6. Existing Drainage System Protection: Protect drainage structures from siltation by constructing silt barriers or any other protective measures and clean up appropriately according to the National Pollution Discharge Act(NPDS).

B. Professional or Industry Standards - Contractor shall adhere to the following horticultural industry practices standards, to include but not limited to:

1. American National Standards Institute (ANSI) - Z60.1 : Nursery Stock.

2. American Association of Nurserymen (AAN).

3. National Arborist Association(NAA) - Pruning Standards for Shade Trees

4. Texas Association of Nurserymen Specifications (TAN) - Grades and Standards.

5. Association of Official Agricultural Chemists

6. NBS: National Bureau of Standards a). PS23: Perlite Product Standards

C. Permits, Certificates, Licenses, and Taxes:

1. The Contractor shall obtain at his own expense, all permits and licenses required for prosecution of the work, and shall pay all taxes properly assessed against his equipment or property used in connection with the Work.

2. The Contractor shall pay all sales and use taxes assessed by Federal, State or local au-thorities on materials furnished by the Contractor in performance of the work.

3. Certificates of inspection required by law for transportation shall accompany invoices for each shipment of plants. File copies of certificates with Owner’s Representative before acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site.

1.06 SITE EXAMINATION

The contractor shall be responsible for visiting the site and become familiar with the site layout and existing conditions and shall take into account all factors which may influence or effect proper execution of this Contract.

B. Existing Utilities:

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1. The Owner does not represent that the locations of existing utilities shown on the drawings are accurate. It shall be this Contractor's responsibility to locate, verify, and protect all existing utilities whether their location does or does not appear on the Contract Drawings.

2. If the Contractor encounters subsurface and/or latent conditions at the site which are significantly different from those shown on the plans or indicated in the Specifications, work shall stop immediately and the Owner’s Representative shall be notified before they are disturbed.

3. Repair of any damaged utilities as a result of the work of the Contractor, or his subcontractors, shall be at the expense of the Contractor.

1.07 GENERAL CONTRACT REQUIREMENTS

A. Contractor Use of Premises:

1. The Contractor shall limit his use of premises as delineated on the Contract Drawings.

2. Access and use of the property shall be under direction of the Owner's Representative.

Use of the property shall be for the exclusive purpose of providing the necessary ‘staging’ area for implementing the required construction work only.

3. The Contractor shall assume full responsibility for the protection and safekeeping of products under this Contract, stored on the site. Loss property due to theft or negligence on the part of the contractor shall be the Contractors responsibility.

4. The Contractor shall not enter into right of ways or utility easements or setbacks required for execution of this work without notifying the Owner’s Representative and verifying that access has been approved.

5. The Contractor shall limit his use of the property to areas delineated on the Contract Drawings. If access and use of additional areas is required then the Owner’s Representative shall be notified before any access and use is permitted.

6. The Contractor shall make every effort to not hinder the Owner’s use and access of the Premises or adjoining properties.

B. Project Record Documents:

1. Maintain on site one set of Contract Documents to be utilized for record documentation.

2. Record actual revisions to the work daily. Record information concurrent with construction progress.

3. Legibly record each Owner’s Representative approved product or material substitution in the Specifications.

4. Maintain a clear, legible record document to form the basis for final As-built drawings.

5. Have on record one(1) copy of each submitted shop drawings.

C. Subcontracting of Work:

1. The Contractor shall perform not less than twenty-five percent (25%) of the work with his own forces which shall be determined based upon the total Contract amount.

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2. The contractor may subcontract as necessary to the extent that it is necessary or advantageous to the Contractor in the prosecution of the work, and without injury to the Owner's interests.

3. The Contractor shall be responsible to the Owner’s Representative for any acts and omissions of his subcontractors and their employees, or such acts and omissions of his own employees. No contractual relationship shall exist between any subcontractor and the Owner or Landscape Architect or relieve the Contractor of any liability or obligation under the Primary Contract.

4. Copies of all subcontract agreements shall be subject to the Landscape Architects review at any time. Each subcontract shall contain a reference to the Agreement between the Owner and the Contractor and become a part of the terms and conditions of the subcontract. The subcontract shall contain a termination agreement that provides for the termination of the subcontract by the Owner’s Representative t if it is the opinion the subcontractor has failed to comply with the requirements of the subcontract.

5. The Owner shall not be contractual obligated or bound to any subcontract agreement that may exist nor shall any such agreements prohibit the Owner from modifying the scope of any part of the Contract either before or after a subcontract has been executed.

D. Re-subletting of Work:

The re-subletting of work by a subcontractor shall be subject to the same limitations as the origi-nal sub-letting. Each subcontractor shall be properly licensed for the type of work which he is to perform.

E. Work Expectations :

1. The Contractor shall proceed with the Work diligently and continuously, weather permitting, and shall take such reasonable steps as necessary to clean up and de-water the site after rain delays. Examples of reasonable steps include pumping trenches cutting temporary ditches to relieve standing water, etc. These steps will be performed at no extra cost by the Contractor. Extensions of contract time will not be granted if no substantial effort is made to remedy such conditions.

F. Delays and Extensions of Contract Time:

1. Procedure:

a) Changes in Contract Times may only be changed by a Change Order or Written Amendment. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the Contractor to the r Owner’s Representative at least twenty one (21) days prior to the date of Final Completion.

b). The Contractor shall be responsible for keeping accurate daily records of all adverse conditions affecting the execution of Work and shall provide copies to the Owner’s Representative in a timely manner. Failure to keep accurate records shall be grounds for not approving a extension of the contract completion date.

2. Delays Beyond Contractor’s Control :

Issue for Bid - 09.11.2026 01 0010-8 a). If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, Owner’s representative, employee, or consultant, or by any cause which the Owner’s Representative determines may justify the delay, then the Contract Time shall be extended by an AIA form G701 Change Order for such reasonable time, as the Owner and Landscape Architect may determine.

b). The Contractor not seek delays for normal weather occurrences as determined by the average number of rain days receiving 0.1 inches of rain or greater in any given month as determined by the closet National Weather Service reporting office.

3. Delays Within Contractor’s Control : The Contract Times will not be extended due to delays within the control of the Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of the Contractor.

4. Delay Damages: In no event shall the Owner’s Representative be liable to Contractor, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from:

a). Delays caused by or within the control of the Contractor.

b). Delays beyond the control of both the Owner and Contractor including, but not limited to fires, floods, hurricane, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work for the Owner.

G. Hindrances:

The Contractor shall make no claims against the owner for damage resulting from hindrances or delays of any project item, for any reason, during the duration of the Contract. If work is wrongfully stopped by order of the Owner, then related expenses relating to this work stoppage shall be paid by the Owner to the Contractor. The Contractor shall be responsible for filing a written claim to the Owner’s Representative, within fourteen (14) days after the incident, detailing all expenses caused by such delays. A failure to timely file such a claim shall waive the right of the Contractor’s claim.

H. Rubbish and Debris Control:

1. The Contractor shall keep the site and areas used by him in a clean and orderly condition, and free from any unnecessary accumulation of construction materials or debris.

2. The Contractor shall maintain a trash storage facility and regular removal service for the du-ration of this Contract.

I. Dust Control:

The Contractor shall take means necessary to avoid unnecessary dust on the Work .

J. Contractor Workforce:

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The Contractor shall be responsible for the behavior of his work force. All employees of the Contractor and his Subcontractors shall be legally entitled to work in the United States. The contractor shall comply with the rules and regulations of the Immigration and Naturalization Service.

K. Cutting and Patching:

1. Contractor shall employ a skilled and experience installer to perform cutting and patching work.

2. Execute cutting , fitting and patching to complete work and to:

3. Cut masonry and concrete materials using masonry saw or core drill. Restore work with new products in accordance with requirements of Contract Documents.

4. Fit work tight to adjacent elements.

5. Fit work tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

6. Refinish surfaces to match adjacent finishes unless otherwise noted.

7. The Contractor shall not damage or endanger any portion of the Work or the work of the Owner or any separate contractors by cutting, patching or otherwise altering any work

L. Commencement of Contract Times:

1. The Contract Times will commence to run on the thirtieth (30) day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice To Proceed.

2. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement.

3. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

L. Insurance Requirements.:

1. Before starting any Work at the Site, the Contractor and Owner shall deliver to each other, with copies to each additional insured identified, certificates of insurance which the Contractor and Owner respectively are required to purchase and maintain in accordance with the Contract.

1.8 COORDINATION AND MEETINGS

1. Coordinate scheduling, submittals, and work of the various sections of specifications to ensure efficient and orderly sequence of installations of the various interdependent construction elements.

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2. Verify utility all utility locations and conditions and coordinate connections to utilities with the appropriate governing authority.

B. Project Status Reports:

The Owner’s Representative will issue periodic "Project Status Reports" concerning progress meetings, site visits, and any other pertinent project items as necessary and distribute these accordingly. The Owner and Contractor shall advise the Owner’s Representative of any discrepancies, errors, or omissions within these reports within 7 days after issuance. If no action is taken by either the Owner or Contractor the reports will be considered accurate as originally written.

C. Pre-Construction Meeting:

1. The Owner will schedule a preconstruction meeting at least one(1) week prior to the commencement of the work date. This meeting shall be held at the project site or a location to be determined by the Owner.

2. The Contractor, his subcontractors, and any other party as determined by the Owner’s Representative shall meet with the Owner to discuss pertinent issues and resolve questions pertaining to the Work and to establish basic administrative procedures.

D Progress Meetings:

1. The Owner’s Representative will schedule and administer periodic meetings throughout the progress of the work at one week intervals or as determined by the Owner.

2. The Contractor, his subcontractors, and any other party as determined by the Owner’s Representative to discuss pertinent issues and resolve questions pertaining to the Work and to establish basic administrative procedures

3. The Owner’s Representative shall provide and perform the following:

a. Prepare an agenda for the meetings

b. Make physical arrangements for the meetings

c. Preside at all meetings

4. The Contractor shall bear the cost of providing a representative to attend the required weekly meetings.

1.09 BONDS AND INSURANCE

A. Performance, Payment, and Other Bonds:

1. The Contractor shall furnish performance and payment Bonds, each in the amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor’s obligations under the Contract Documents. These Bonds shall remain in effect for a period of at least one (1) year after the date of final payment.

2. All Bonds shall be in the form prescribed by the Contract Documents as provided by Laws and Regulations, and shall be executed by such sureties as are named in the current list of

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“Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as acceptable Reinsuring Companies” as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds singed by an agent must be accompanied by a certified copy of such agent’s authority to act.

3. If the surety on any Bond furnished by the Contractor becomes insolvent or it’s right to do business is terminated in any state where any part of the Project is located the Contractor shall within twenty (20) days thereafter substitutes another Bond and surety.

B. Eligible Sureties and Insurers:

1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverage’s so required. Such Surety and insurance companies shall also meet any additional requirements and qualifications as may be provided in the Supplemental Conditions.

C. Certificates of Insurance:

1. Contractor shall purchase and maintain such liability insurance as is appropriate for the Work being performed and as will provide protection from claims which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by the 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. See the Supplemental Conditions for the required insurance coverage’s and amounts. l

1.10 INDEMNIFICATION

A. To the Fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless the Owner, Owner’s Representative, Landscape Architect, Landscape Architect’s Consultants , and the officers, directors, partners, employees, agents, and other consultants, subcontractors of each and any of them from and against all claims, losses, and damages(including, but not limited to fees and charges of engineers, architects, landscape 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, costs, loss, or damage:

1. is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property, including the loss of use resulting therefore; and

2. is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity.

B. In any and all claims against Owner’s Representative, or any of their respective consultants, agents, officers, directors, partners, or employees by any employee of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any work, or anyone for whose acts any of them may be liable, the indemnification

Issue for Bid - 09.11.2026 01 0010-12 obligation shall not be limited in any way by 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 benefits acts.

C. The indemnification obligations of Contractor shall not extend to the liability of the , Owner’s Representative Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from arising out of.

1. the preparations 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.

1.11 PROGRESS SCHEDULES

A. Progress Schedules and Schedule of Values:

1. Unless otherwise agreed upon, the Contractor shall begin the work on the date indicated in the Contract and be responsible for mobilizing his work force to begin work on such date.

2. Within fourteen (14) calendar days after award of the Contract, and prior to the start of any work on the site the Contractor shall submit a progress schedules which shall include the proposed start and completion dates of each item listed. The Contractor shall notify the Owner’s representative or Landscape Architect if the work is not progressing as originally schedule and prepare an updated schedule that adheres to the original Contract completion date.

3. The progress schedules shall be subject to the approval of the Owner’s Representative. If the work schedule is not consistent with the contract, specifications, drawings, or is deemed to be inadequate, the contractor will be required to resubmit the progress schedule.

B. Schedule of Values:

1. The contractor shall also submit a schedule of values on an AIA form G703 showing the anticipated monthly draws for each item indicated.

2. The schedule of values should be coordinated with all progress work schedules

3. The schedule of values shall be submitted within 15 days after date of Owner-Contractor Agreement.

1.12 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

A. Construction Staging:

1. Coordinate with Owner’s Representative on an approved construction and materials staging area.

2. The Contractor shall confine all construction-related activities, including material's storage employee and workmen's parking, offices storage sheds and similar facilities to areas designated on the job site by the Owner’s Representative.

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3. Do not use adjacent properties, including that of public domain and that of private ownership, without having written authorization from persons or authorities having proper jurisdiction over said properties.

B. Material Protection and Site Security:

1. It shall be the Contractor's sole responsibility to provide, at no cost to the Owner, a secure project site and to protect his work during the duration of this contract. On the date of “Notice of Substantial Completion” the Owner assumes responsibility for replacement of construction materials due to vandalism or other related damage as listed below. This, however, does include Contractor obligations to replace horticultural materials during the one(1) year warranty period. In addition, the contractor shall be responsible for damage to horticultural and other building materials due to negligence during the Contractors required ninety(90) day maintenance period which begins on the date of “Notice of Substantial Completion”

2. The Contractor shall be responsible for correcting damage, at no cost to the Owner, resulting from, but not limited to:

a). Freeze and frost damage b). Damage due to heavy rainfall c). Accident d). Acts of vandalism and theft

3. The Contractor shall not be liable for damage caused by natural disasters, if the Contractor has reasonable precautions and preparation to protect work prior to such events.

4. Where the Contractor is covered by Builder's Risk insurance, it shall be the Contractor's responsibility to make any and all applications for restitution, without any cost to the Owner, or delay in completion of the project.

C. Temporary Utilities:

1. Water:

a). Construction water (irrigation water) shall be provided by the Contractor.

b). Provide pumps, drainage lines, hose, well points, power and equipment, as necessary, to keep excavations free from excessive ground and surface water.

Grade earth around excavations to direct surface water away from excavations.

c). Do not allow water runoff onto adjacent properties. Allow water to exit site by use of the existing storm drainage system, where possible.

d). Provide water, as required, including weekends and holidays.

2. Sanitary:

a). The Contractor shall provide and maintain all sanitary accommodations for the use of his employees and those of his subcontractors as may be necessary to comply with the requirements of State and local health departments.

Issue for Bid - 09.11.2026 01 0010-14 b). Maintain temporary toilets in clean, near and sanitary condition at all times. Upon completion of the work, remove temporary sanitary facilities from the Project site.

3. Electricity and Lighting For Construction Purposes:

a). Cost: Owner to pay for power service except for any necessary connections. Power consumption shall not disrupt Owner’s need for continuous service.

b). Provide power outlets for construction operations, branch wiring, distribution boxes, and flexible power cords as required.

4. Upon completion of work, or when temporary utilities are no longer required, remove all temporary lines, mains and equipment.

D. Clean-up:

1. Contractor shall promptly remove debris and rubbish from construction areas and the Project site, to produce a clean and professional image.

2. Upon completion of the Work, completely remove excess materials, excess tools, equipment, temporary construction, any remaining trash, rubbish and foreign materials, and leave the site neat and ready for occupancy and operations of the Owner.

E. Public Safety and Welfare:

1. The Contractor shall, at all times, conduct his work so as to assure the least possible ob-struction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.

2. No street shall be closed to the public without first obtaining the permission of the Owner, and proper governmental authority. The Contractor shall adhere to all governmental requirements for the closing down of traffic lanes. Care should be taken to prevent excavated material from spilling out onto public streets. Adjacent fire hydrants shall be kept accessible to fire-fighting equipment at all times.

3. Temporary provisions shall be made by Contractor to assure the use of sidewalks and the proper functioning of all gutters, sewer inlets and other drainage utilities.

4. The Contractor shall provide adequate barricades, signs, warning lights, watchmen and flag-men, as required in the opinion of the Landscape Architect and/or agency having jurisdiction, to protect the work and the safety of the public.

5. Only electrically-operated warning lights will be approved for use. Warning lights shall be kept burning from sunset to sunrise, and barricades shall be painted to increase their visibility at night

1.13 SHOP DRAWINGS & PRODUCT SUBMITTALS

A. Submittal Procedures:

1. Submit to Landscape Architect or Owner’s Representative for review for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.

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2. Contractor to submit (3)three copies of the submittals or shop drawings which are to be signed by the Owner’s Representative. One copy each is to be given to the Owner’s Representative, and one is to be retained by the General Contractor.

B. Shop Drawings:

1. The Contractor shall produce shop drawings for those items which are to be custom fabricated, machined, tooled, or manufacturer, or those items which are specifically called out in the Contract Documents.

2. Required shop drawings shall include, but are not limited to, metal work, stone work, fountain structures, and mechanical systems.

3. The Landscape Architect reserves the right to approve the Shop Drawings with written comments, or to reject the drawings entirely, at which time the contractor shall resubmit revised Shop Drawings per the written comments of the Landscape Architect.

4. After review, produce copies and distribute in accordance with the Submittal Procedures article above and for record purposes as described in the Contract Close-out article.

C. Products

1. Contractor shall submit a list of all major products proposed for use, with the name of the manufacturer, trade name, and model number of each product.

2. Required product items shall include, but are not limited to, lighting fixtures, fountain mechanical systems, irrigation components, landscape furniture, and signage.

3. After review, produce copies and distribute in accordance with the Submittal Procedures article above and for record purposes as described in the Contract Close-out article.

1.14 MATERIAL SAMPLES AND MOCKUPS

A. General

1. Tests will be performed, as necessary, under provisions identified in this sections and identified in the respective project specification section.

2. Accepted mock-ups are representative of the quality required for the Work.

3. Where mock-up has been accepted by the Landscape Architect or Owner’s Representative the contractor shall remove the mock-up and clear the area when directed to do so

B. Procedures

1. Mock-ups shall include, but are not limited to, paving material types, walls, fences/trellises, landscape structures, and any other items requested by the Landscape Architect or Owner’s Representative.

2. The mock-up shall be of a size, dimension, and proportion adequate for a representation of the final product and finish specified in the Contract Documents.

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1.15 SUBSTITUTIONS AND “OR-EQUALS”

A. “Or-Equals”

1. General: 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 specifications or description is intended to establish the type, function, appearance, and the quality required. Unless the specifications or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to the Owner’s Representative for review under the circumstances described below.

2. “Or-Equal” Items:

a). If in the opinion of the Owner’s Representative an item of material or equipment proposed by the Contractor is functionally equal to the named and sufficiently similar so that no change in related Work will be required, it may be considered by the Owner’s Representative as an “or-equal” item, in which case review and approval of the proposed item may, in the Owner’s Representative’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of the proposed substitute items.

b). The Contractor shall have not claim to an increase in the Contract Price due to a reject of a substitute item by the Owner’s Representative.

3. Procedure:

a). The Contractor shall submit sufficient written information to the Owner’s Representative to determine that the item of material or equipment proposed is essentially equivalent to that named and are acceptable substitute therefore.

b). The Owner’s Representative shall review such requests within seven (7) days after receiving written request by the Contractor. If the information is determined to be insufficient, but not enough to reject the request, the Contractor will be requested to resubmit the request.

c). The Contractor shall bear all costs associated with providing the necessary documentation for any proposed “or-equal” material or equipment.

4. Contract Time: Only those Contractor requested “or-equal” items that do not require an increase in Contract Time will be considered.

B. Substitutions

1. General: If in the opinion of the Owner’s Representative that an item of material or equipment proposed by the Contractor does not qualify as an “or-equal” item under 1.13,A it will be considered a proposed substitute item.

2. Procedure:

a). The Contractor shall submit sufficient written information to the Owner’s Representative to determine that the item of material or equipment proposed is will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited for the same use as that specified.

Issue for Bid - 09.11.2026 01 0010-17 b). The Owner’s Representative shall review such requests within seven (7) days after receiving written request by the Contractor. If the information is determined to be insufficient, but not enough to reject the request, the Contractor will be requested to resubmit the request.

c). The Contractor shall bear all costs associated with providing the necessary documentation for any proposed “or-equal” material or equipment.

d). The Contractor shall have not claim to an increase in the Contract Price due to a reject of a substitute item by the Owner’s Representative.

3. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in an expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by the or Owner’s Representative. The Contractor shall submit sufficient written information to the Owner’s Representative to determine that the proposed construction methods or procedure substitute is equivalent to that expressly called for by the Contract Documents.

4. Contract Time: Only those Contractor requested substitute items that do not require an increase in Contract Time will be considered.

1.16 MATERIALS AND EQUIPMENT STORAGE AND HANDLING

A. Materials and Equipment Storage:

1. The area(s) of storage will be determined by the Landscape Architect.

2. The Contractor shall keep maintain all areas of material storage in a clean and orderly manner.

3. Contractor to coordinate the areas of storage with all subcontractors.

4. The contractor should minimize long term, on-site storage of construction . The Contractor shall bear all responsibility and cost associated with securing and storing construction related materials.

5. The Owner shall assume no responsibility for damaged or stolen materials left on site by the Contractor , related subcontractors, or employees of firms Contracted to provide work under this Contract.

6. The Contractor shall be responsible for costs relating to damage of construction materials due to natural events.

B. Safeguarding of Materials and Equipment:

The Contractor shall properly protect all equipment, materials, and work against loss, damage, vandalism, or until “Notice of Substantial Completion”. Secured storage facilities or physical surveillance shall be at the Contractor’s discretion and expense.

C. Quality Assurance:

1. Products-

Issue for Bid - 09.11.2026 01 0010-18 a). Means new materials, machinery, components, equipment, fixtures, and systems forming the work, but does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. No existing materials or components shall be reused for this Work unless otherwise specifically identified as such.

b). Materials and equipment furnished under this Contract shall be free from faults and defects and in conformance with the Contract Documents.

c). All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and the contractor will be required to reinstall material conforming to the Contract Documents at his expense.

d). No substitutions for materials or equipment shall be introduced unless authorized by the or Owner’s Representative.

2. Inspection of Materials -a). Inspection of the work by Owner’s Representative to shall not relieve the Contractor of any of his obligations under the Contract.

b). The Contractor shall, at his own expense, replace or repair any such equipment, materials, or work found by the Owner’s Representative to be defective or otherwise not to comply with the requirements of the contract up to the end of the applicable maintenance and warranty periods.

3. Rejection of Materials or Equipment -

a. Any equipment or materials brought upon the job site by the Contractor and subsequently rejected by the or Owner’s Representative to as not complying with the requirements of the contract hall be removed immediately by the Contractor to a satisfactory distance from the job site. If the Contractor fails to act within fourteen(14) days after notification of materials or equipment rejection or Owner’s Representative to may order the removal of rejected materials or equipment at the Contractor’s expense to be deducted from the Contract Amount.

1.17 APPLICATION FOR PAYMENT

A. Related Forms And Requirements

1. Schedule of Values to be submitted prior to execution of Contractor, AIA Document G703.

2. Application for Payment: AIA Document G702 with G703 continuation.

3. Construction Change Authorization: AIA Document G713 and Architect's Supplemental In-structions: AIA Document G710.

4. Change Order: AIA Document G701.

5. All AIA Documents shall be latest available editions as applicable.

6. Form of Proposal

7. Agreement between Owner and Contractor

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8. Contract close-out

B. Application for Progress Payment

1. Contractor shall submit two copies of each application on an AIA Form G702 with G703 continuation at least fourteen (14) days prior to the date established for each progress payment, but not more than once a month.

a) If the 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 or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to the Owner.

2. Contractor shall utilize the approved Schedule of Values for list items on the Application of Payment. Failure to do so may cause a delay in processing the application.

3. The contractor shall be paid monthly. Contractor shall coordinate with the Owner’s Representative on the exact dates for submittal for Applications for Payment in order to be compensated in a timely manner.

4. The Owner’s Representative shall review within ten (10) days after receipt of Application for Payment and make a written recommendation of payment and present application to Owner or return the Application to Contractor indicating in writing the Owner’s Representative’s reasons for refusing to recommend payment either in full or in part. In the latter case the Contractor may make the necessary corrections and resubmit.

5. By recommending any such payment, The Owner’s Representative will not thereby be deemed to have represented that: (a) exhaustive inspections made to check the quality or the quantity of the Work as it has been performed; or(b) that there may not be other issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

6. If the Owner refuses to make payment of the full amount recommended by The Owner’s Representative, Owner must give Contractor immediate written notice stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. The Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action.

C. Retainage

1. A contract retainage of 10% will be held from each approved Application of Payment to be recorded in the AIA document G702 and G703

2. The retainage will be issued to the Contractor at the time of Final Acceptance and Final Payment.

D. Application for Final Payment

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1. After the Contractor, in the option of the Owner’s Representative, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, warranties and guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents, and other documents.

2. Contractor shall additionally provide a complete and legally effective release and/or waiver of all Lien rights arising out of or Liens filed in connection with the Work. In lieu of the releases or waivers of Liens, and as approved by the Owner, the Contractor may furnish receipts or releases in full and an affidavit of Contractor that;

a) The release and receipts include all labor, services, materials, 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 or Owner’s property might in any way be responsible have been paid or otherwise satisfied.

3. If, on the basis of the Owner’s Representative’s observation of the Work during construction and final inspection, and review of the final Application of Payment and accompanying documentation as required by the Contractor Documents, the Owner’s Representative is satisfied that the Work has been completed and the Contractor’s other obligations under the Contract Documents has been fulfilled, the or Owner’s Representative will recommend payment to Contractor by Owner.