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Resolution_51-03/04_06/10/2004
• RESOLUTION NO. 51-03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PROPOSAL TO B&B UNDERGROUND CONSTRUCTION, INC., OF INDIANTOWN, FLORIDA, IN THE AMOUNT OF $529,596.00, FOR THE INSTALLATION OF THE RAW WATER MAIN TO BE FUNDED IN THE FOLLOWING MANNER: A. $495,000.00 IS CURRENTLY BUDGETED IN THE FY 2004 BUDGET ACCOUNT #401-414- 662.636, RAW WATER MAIN CONSTRUCTION. B. $49,500.00 IS TO BE APPROPRIATED FROM FUND BALANCE IN THE CAPITAL IMPROVEMENT FUND ACCOUNT #301-210- 663.652 PATHWAY IMPROVEMENTS. • AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL AND TO APPROVE A CHANGE ORDER IN AN AMOUNT EQUAL OR LESSER THAN $25,000.00 FOR STREET LIGHT CONDUIT. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: SECTION 1: Consideration to award a bid proposal to B&B Underground Construction, Inc., of Indiantown, Florida in the amount of $529,596.00, for the installation of the raw water main, attached hereto as "Exhibit A" and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Council Member Humpage, who moved its adoption. The motion was seconded by Council Member von Frank, and upon being put to a vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION L,~- ~~ ~i}~,__ L r'~ rkv -t { Fri:' 1~k -~- '~ ~r_~ _Y~ -t -.1. !~ ' , _ ~ ... ~%Y. ~._ , . The Mayor thereupon declared the Resolution duly passed and adopted this 10~' day of June, 2004. MAYOR OF TEQUESTA '~- ~ J i~. Gl ~i.~ ~~!~71,~~~ Pat Watkins ATTEST: Mary Mil, s, Village Cle k • VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM • :] Date Prepared: June 3, 2004 Meeting Date: June 10, 2004 CLASSIFICATION: NEW BUSINESS Subject/Agenda Item/Summary: See attached AWARD CONTRACT: B&B Underground Construction, Inc. Raw Water Main Installation STAFF RECOMMENDATION TO [X] APPROVE [ ]DENY Reviewed by: Costs: Attachments: Advertised: (please list) $529,596.00 Summary of project Date: May 9, 2004 Engineers Paper: Funding Source: recommendation to Palm Beach Post [ ]Operating award Bid [X] Other (explain) [ ]Not required Capital Expansion Bid Proposal Projects Affected Parties: ($395,000.00) SFWMD Grant award SFWMD Grant [ ]Notified (explain) ($100,000.00) Budgeted Appropriation from Appropriation General Fund 401-414 662.636 ($49,500.00) Copy of Invitation to Bid [ ]Not Required Budget Acct. # 401-414 662.636 Bid Tabulation [ ]None Submitted by: Originating Village Manager Council Action: Department: Approval: Russell K. White [ ]Approved Utilities [ ]Approved w/conditions: [ ]Denied [ ]Tabled to: • TEQUESTA UTILITIES DEPARTMENT MEMORANDUM • TO: MICHAEL R. COUZZO, VILLAGE MANAGER FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER ~~ W SUBJECT: BID AWARD /RAW WATER MAIN INSTALLATION DATE: JCTNE 3, 2004 The following is a summary of the above referenced, the bid total is $529,596.00. The funding for the project comes from three (3) different sources. 1. Capital Expansion Account # 401-414 662.636 budgeted amount $395,000.00 2. Grant from the South Florida Water Management District, $100,000.00 3. Budget appropriation from the General Fund for the sidewalk portion of the project (included in the bid price) $49,500.00 Total funding equals $544,500.00. After deducting cost from the SFWMD grant, and the budget appropriation from the general fund for the sidewalk the total cost to the Utilities Department is $380,096.00. This equates to a savings of $14,904.00 of the amount budgeted. Please feel free to contact me should you have any questions relative to this agenda item. • May-11-04 07:14A INVITATYON TO SID VILLAGE OF TEQUESTA RAW WATER MAIN EXTENSION Sealed proposals will be zeceived by the undersigned of Tequesta, Public Works Facility, 136 Bridge Road, Florida 33459-0273, until 2:00 PN1 on May 27, 2004 at place they will be publicly opened and read aloud. P.O1 at the Village Tequesta, which time and The work for which this proposal is to be submitted consists of the installation, construction and testing of 4300 LF of 16-inch and 1700 I,,F of 12-inch PVC pipe, three (3} jack and bore and one (1} directional bore. All work performed shall be in accordance with the Contract, Documents pertaining thereto, which may be examined at the office of ARCADIS Reese, Macon and Associates, Inc., 6415 Lake Worth Road, Ste. 307, Lake Worth, Florida 33463. One copy of the Contract Documents, inc7.uding blank bid forms, May be obtained at the office of ARCADIS Reese, Macon and Associates, Inc., upon payment of $65.00, which amount will not be refunded. • A certified or cashiers Check on a national or state bank or a bid bend in a sum not less than five percent (5~) of the amount of the bid, made payable to the Village of Tequesta, Florida, shall accompany each proposal as a guarantee that the bidder will not withdraw from the competition after the opening of proposals. In the event that the contract i.s awazded to the bidder, he will enter into the contract and furnish and pay for the required performance and payment bands, failing to do so may result in the Owner retaining the bid deposit/bond for liquidated damages. Proposals shall be prepared, addressed and submitted in compliance with detailed instructions as set forth in the Instructions to bidders. The performance and payment bonds in the full amount of the Contract price shall be written by a surety company, acceptable to the Owner, licensed to do business in the State of Florida and listed in the Department of Treasury Federal Register. All bonds (bid, performance and payment) shall be countersigned by a Florida resident agent. The surety shall have a rating of "A+ or "A" by Bests Rating Guide. The pwner reserves the right to reject any or all proposals with ar without cause, to waive technical errors and informalities, or tv accept the proposal which in his judgement best serves the Ownex. OWNER: VILLAG$ OF TFQUESTA • Job No: 02-12G.2 Publish on: May 9, 2004 INV-1 • ARCADIS REESE MACON AND ASSOCIATES, INC. BID TABULATION L VILLAGE OF TEQUESTA Water S stem Im rovements Raw Water Main Bid O enin Ma 27, 2004 Time: 2:00 PM ADDENDUM CONTRACTOR NO. 1 BID BOND BID PRICE f ~,/ .~ S" 8~ ~ 2 3 3 AKA Services, Inc. / Felix Associates, Inc. / " ~/ ~ ~ t 0 ~ } ~'?j~ . S 3 -- --' 1~1 o I3 1 l~ / ~ / ~~ 4'rl , 6 ~ 8 Intercount En ineerin ~ `~ ~ ~ ~ t 3 Z ~ GMI Contractin ,Inc. v B&B Under round Contractors -- --" 1~ o b 11~ ~ ~ ~ -~ s x-03 Chaz E ui ment Com an Ric-Man International ~ APP ~,~~~- ~~ R M/~- ~s~ ~; ~-~- ` ~~ ~ ~~f ~ ~ ~-~ o 00 t Jun-02-04 08:37A • SZD PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLQRIDA 33469 FROM : B & B UNDERGROUND CQN7„INC. P.p. Boz I,~diantown, FL 34956 561.591.5571 - (Hereinafter referred to as Bidder} Gentlemen: The undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentia>.s necessary to perform all work in accordance with the Contract Documents entitled: Village of •Tequesta,Water System Improvements, Raw Water Main. siadar has also received addenda numbers Gyre. through ~~ and have included their provisions is this proposal. Bidder now submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all xespects Nair and in gaud faith without collusion or fraud, or .ether illegal. practices. z. To hold B~.d open until an Agreemarbt has been executed between the Village and the accepted Bidder, or until ninety (90) calendar days after the bid opening date, w'hichevar ~.s shorter. 3. To enter into and execute an Agreement on the basis of this Bid, within fifteen (15) Calendar days after the award of the Contract, To furnish the 100 Performance Band and 100 Payment Bond in accordance with the Contract Documents. Failure to execute the Contract and furnished- said Bonds- within fifteen (15} days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the .Village, P_O1 fit/ ,~ P-1 (ADD--1) . "1%~~~:~~'~ .~~ti•- • ~ ~ . ~~i' !'is?~ ~M?l~,".~''~ ,~ , .~''a;. ~:;. •~~y?y, '~'~" ~ ~v G. ~- G~.~~t:~. Oa~~6.4•~~~5% Jun-02-04 08:37A r~ 4. To start work within ten {].p} calendar days of the bate of Commencement as established in the Notice to Proceed. work shall. be completed within the number of calendar days specified in Article 3 of the Construction Agreement. P.02 5. In the event of multiplication, addition, or clerical .errors on the Bid' Forms, the Village may correct these -- errors to clarify the- Bids.. The information which results in the 7.owest cost to -the Village will be~considered correct, and therefore utilized. • r1 LJ F-a(AAD-1) Jun-02-04 OS_37A P.03 • BASE PROPOSAL F4 VILLAGg OF TEQD$ST?1 ~PATTR SYSTEM IMPROYEMSNT$ RAW WATER MAIN UNIT pRYCE BzD SCBEDIII,L Description Estimated Quantity Unit Price Estimated Amount A. Raw Water Main Ex tension 1. Raw WM - a. 16" PVC 4380 LF $ ~~. ~,5~ $~1„~~~ b. 12" PVC 1700 LF $ 3r `f, 7a $ S~o~ 2. Valves a. 16^ Butterfly 2 EA $ `~3eD ao ~~~ $ 8' (p pa, 0a -~.~_ b. 1,2" Butterfly 2 EA $ ~ y50.oa $ 4~ oo oa , 3. A12V Assembly g EA $ .~D.ov 4 , Sample Points 6 EA $ aSD ou $ / j . , p~o~ 5. PVC Fittings a. 16" Tee 1 EA $ /,~fcp,o~ $ ca, av b . 16 " Plug 1 EA $ ~AC7, ip $ &'DO, e a ~~ e. 16" 22-1/2~ 2 EA $ l ID,ap $ vZ.G ad,op d . 16 " 9 4 ° 3 _ EA $ /i SfnD, o o $ ~f~o`eo ~. 16" 45~ 29 ' EA $ ao.oo $ 3 7ao,e,~ f, 16" x 12" Reducer 1 EA $ Ir g . 16 ^ x 12 " Tee 1 EA $~ 37 .d .ov ~_~ $ ~, 3 a-a_ o ~ h. 12" 90~ 2 EA $ 7 a• d o $ t. S/a a~ z• 12" 45° 15 EA j . 12" Plug 2 EA $ SOd. Da $ DoD.aa k. 16" FLG x Bell Adapter 4 EA $ /r~04,od $ .~'(o 1. 12" FLG x Bell Adapter 4 EA $ ee.aa $~~ • 02-12G.~ ~ - .. . . . ,.~... ~,;. • .. ~~n@'.i.... L' . . . Jun-02-04 08:37A v P.04 ' BASE PROPOSAL FORM VII.LAGS OF TSQIISSTA WATBR SYSTEM IMP80VSMSNTS RA1P WATER aS71 IN IINIT PRICE BID SCHEDIIT.S Estimated Estimated Description Quantity Unit Price Amount 6. Jack & Bore . a. Ff7C R.R. (ETA 22+37) 24" Casing/12" CaTY~PY~ 100 LF $ DO.oo $ 3o,ooa.•a b. Old Dixie Hwy. (STA 41+58} 30" Casirzj/16" Carrier 55 LF $- 3~$ • pe $ /~~ S~Y~ a`~ c. Village Blvd. (STA 50+00) 30" Casing/16" Carder 13 6 LF $ ~Sd , a o $~ , o 0 7. Directional Bore a. Tequesta Dr. (ETA 23+06) 12" HDPE, DR 11 80 LF $ l~Di °~ $ lI, o~'O8, ~ B.Asphalt Restoration a. ~Y 450 SY $ o~ .oa $ (O.YDO.eo b. Walkway lE SY $ /a, o o $ /gyp. oa • 9. Shill/Rock Road Restoration 25 ti l id l i SY $ 8, Da $ aoa e° a cai 10. S es~. k Restorat on/Instal a. Paver Sr].C]t 10 SY $ SD,ao $ po.ea b. Concrete (5 ft. width) 1500 LF $ .~ man $ ~/ °a,oa 11. Sod Restoration a• F~loratam 3400 SY $ ~.OD $ / 00 00 b. Bahia 3800 SY $ /•~a $ (p~j'~fb.aa c. seed & Mich 7eoo SX $ .kSd $ yp.cv 12. Relocate Palm Tree z EA $ ~•eO.Da $ fad. A~ TOTAL BASE BID (ItemB ~. - 12) $ f ~.9, ,s9/o. 0 a P-4 (ADD-1) 02-126.2 P-5 {F.DD-1) • 02-126.2 1 1 1 lJ VILLAGE OF TEQUESTA Water System Improvements Raw Water Main MAY 2004 Reese, Macon & Associates, Inc. 6415 Lake Worth Road, Suite 307 Lake Worth, FL 33463-2907 (561)433-3226 Telephone (561)433-8011 Facsimile 02-126.2 TABLE OF CONTENTS INVITATION TO BID INSTRUCTIONS TO BIDDERS SPECIAL REQUIREMENTS BID PROPOSAL CONSTRUCTION AGREEMENT PERFORMANCE AND PAYMENT BONDS GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REOUIREMENTS Section 01019 General Requirements Section 01150 Measurement & Payment Section 01300 Submittals Section 01400 General Quality Control Section 01570 Traffic Regulation Section 01720 Record Drawings Page Number INV-1 only IB-1 thru IB-7 SR-1 thru SR-3 P-1 thru P-6 1 thru 6 1 thru 4 1 thru 42 SGC-1 thru SGC-11 01019-1 thru 01019-6 01150-1 thru 01150-4 01300-1 thru 01300-2 01400-1 thru 01400-3 01570-1 thru 01570-2 01720-1 thru 01720-2 DIVISION 2 - SITE WORK Section 02110 Clearing and Grubbing 02110-1 only Section 02200 Earthwork 02200-1 thru 02200-2 Section 02260 Finish Grading ~ 02260-1 only Section 02401 Dewatering 0240.1-1 only Section 02485 Grassing 02485-1 thru 02485-2 Section 02578 Pavement Replacement 02578-1 thru 02578-2 Section 02610 Pipe and Fittings 02610-1 thru 02610-8 Section 02640 Valves 02640-1 thru 02640-3 DIVISION 3 - CONCRETE Section 03000 Cast-In-Place Concrete 03000-1 thru 03000-8 EXHIBIT 1.Palm Beach County Health Dept. (In Processing) 2.Palm Beach County Engineering 2-Pages 3.FEC R.R. (In Processing) 4.Addendum No. 1 9 Pages INVITATION TO BID i1' VILLAGE OF TEQUESTA 4 RAW WATER MAIN EXTENSION Sealed proposals will be received by the undersigned at the Village of Tequesta, Public Works Facility, 136 Bridge Road, Tequesta, Florida 33469-0273, until 2:00 PM on May 27, 2004 at which time and place they will be publicly opened and read aloud. The work for which this proposal is to be submitted consists of the installation, construction and testing of 4300 LF of 16-inch and 1700 LF of 12-inch PVC pipe, three (3) jack and bore and one (1) directional bore. All work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of ARCADIS Reese, Macon and Associates, Inc., 6415 Lake Worth ~, Road, Ste. 307, Lake Worth, Florida 33463. One copy of the Contract Documents, including blank bid forms, may be obtained at the office of ARCADIS Reese, Macon and Associates, Inc., upon payment of $65.OO,~which amount will not be refunded. A certified or cashier's check on a national or state bank or a bid bond in a sum not less than five percent (5%) of the amount of the bid, made payable to the Village of Tequesta, Florida, shall accompany each proposal as a guarantee that the bidder will not withdraw from the competition after the opening of proposals. In the event that the contract is awarded to the bidder, he will enter into the contract and furnish and pay for the required performance and payment bonds, failing to do so may result in the Owner retaining the bid deposit/bond for liquidated damages. Proposals shall be prepared, addressed and submitted in compliance with detailed instructions as set forth in the Instructions to Bidders. The performance and payment bonds in the full amount of the Contract price shall be written by a surety company, acceptable to the Owner, licensed to do business in the State of Florida and listed in the Department of Treasury Federal Register. All bonds (bid, performance and payment) shall be countersigned by a Florida resident agent. The surety shall have a rating of "A+' or "A" by Best's Rating Guide. The Owner reserves the right to reject any or all proposals with or without cause, to waive technical errors and informalities, or to accept the proposal which in his judgement best serves the Owner. OWNER: VILLAGE OF TEQUESTA Job No: 02-126.2 Publish on: May 9, 2004 INV-1 _ INSTRUCTIONS TO BIDDERS 1.01 SEALED BIDS: Sealed bids will be received at the time and place designated and then publicly opened and read aloud for furnishing all transportation, labor, materials, tools, supplies, equipment and machinery necessary, and performing all operations required for the completion of the Work specified herein. Under no circumstances shall bids received after the time specified be „~ considered, such bids shall be returned to bidder unopened. 1.02 DELIVERY OF BIDS: All bids, whether mailed or delivered in person, shall be submitted in sealed envelopes bearing on the outside the words "BID ENCLOSED" and, the name of the bidder and his address clearly marked: PROPOSAL FOR VILLAGE OF TEQUESTA RAW WATER MAIN ERTENSION and addressed/delivered to: Village of Tequesta 136 Bridge Road Tequesta, FL 33469 1.03 PROPOSAL FORMS: Submit bid in DUPLICATE on the forms, or an exact copy of the forms, furnished herewith. The blank spaces shall be filled in correctly for each item and for every item for which a bid is tendered. State the price, typewritten or written in black ink and insert numerals for which items of the work he proposes to do; in case of conflict, words will take precedence. Failure to complete all indicated blanks in the designated manner may result in the bid being declared non-responsive. Qualifications for bidders deemed non-responsive will be rejected without further analysis. Declaration of the non-responsiveness of a bidder shall be at the sole discretion of the Owner. ~~ 1.04 SIGNATURE ON BID: Sign bid correctly. If the bid is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the bid shall show the name of the state under the laws of which the corporation was chartered, also the names and business addresses of its president, secretary,. and treasurer. The bid shall bear the seal of the corporation attested by the secretary. Anyone signing the bid as agent shall file with the bid legal evidence of his authority to do so. IB-1 02-126.2 1.05 FAMILIARITY WITH LAWS: The bidder is assumed to be familiar with all federal, state and local laws, ordinances, rules and regulations that may in any manner affect the Work. The failure to be familiar-with applicable laws will in no way relieve him from responsibility. 1.06 EXAMINATION OF SITE AND CONTRACT DOCUMENTS: The bidder is encouraged and required, before submitting their bid, to visit the site of the proposed Work and familiarize themselves with the nature and extent of the Work and any local conditions that may in any manner affect the Work to be done and the equipment, materials and labor required. The bidder is also required to examine carefully the Contract Documents and form of performance and payment bonds and to be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the Work to be performed under this contract. Failure on the part of the bidder to fully understand the existing site conditions or contract documents, shall not .relieve him of the obligations/ responsibilities of the Agreement, and will not be cause for additional compensation or extension of time. 1.07 CONFIDENTIAL FINANCIAL STATEMENT: If requested by the Owner/Engineer, a bidder under consideration for award shall furnish a confidential certified financial statement, current within the past six (6) months, which must be a complete report of the financial resources and liabilities, equipment available, past performance record, personnel and organization experience. 1.08 QUALIFICATION OF BIDDER: The contract will be awarded only to a responsible contractor qualified by experience to do the Work specified. The bidder shall submit, prior to award of contract, satisfactory evidence of his experience in like Work and that he is fully prepared with the necessary organization, capital, equipment and machinery to complete the Work to the satisfaction of the Owner within the time limit stated. The Owner will consider the qualifications of the Contractor and the subcontractors if any, in awarding-the bid. Bidders are advised that the Owner reserves the sole right to award the project to the bidder which, in the Owner's sole opinion, best serves the interest of the Owner. By submitting a bid, the Contractor and Owner acknowledge that this evaluation process is to some degree subjective. The Contractor further acknowledges that the Owner may apply substantial weight to qualifications in the selection process. The following items, at a minimum, shall be considered. The Contractor shall.; IB-2 02-126.2 1 1. Have been in the. general underground contracting business under the present name of the organization for a minimum of five (5) years. 2. Be properly licensed to perform work as a General/Underground Contractor in the State of Florida, the Village of Tequesta and Palm Beach County. - 3. Have been awarded and performed as a General/Underground Contractor on a minimum of five (5) similar projects during the past five (5) years. For purposes of this discussion, a'"similar" project shall be considered to include installation of underground utilities and ~ appurtances. "Similar" projects shall have a minimum value ' of $500,000. 4. During the lifetime of the organization, as presently named, the Contractor shall not have defaulted to a bonding company for the completion of any projects referenced under item 3, above. Failure to satisfy any of the above criteria shall be grounds for rejection of the bid, at the Owner's discretion. At the Owner's sole discretion, portions, or all, of the above criteria may be waived. However, bidders are advised that it is the general intent of the Owner to adhere to the stipulated criteria. The Owner will consider the qualifications of the Contractor in awarding the bid. Bidders are advised that the Owner reserves the sole right to award the project to the bidder which, in the Owner's sole opinion, best serves the interest of the Owner. By submitting a bid, the Contractor and Owner acknowledge that this evaluation process is to some degree subjective. The Contractor further acknowledges that the Owner may apply substantial weight to qualifications in the selection process. 1.09 DISQUALIFICATION OF BIDDER: The submittal of more than one Bid from an individual,-firm, partnership, corporation or association under the same or different names will not be considered and will be cause for rejection of all Bids submitted by a bidder. 1.10 AWARD OF CONTRACT: The award of the contract, if it is awarded, will be to the lowest and best responsible bidder for the total base project bid. Time is of the essence for this project. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidders and-the Owner is satisfied that the bidders are qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner IB-3 02-126.2 1 any, or all, bids, with or without cause, to waive technical errors and informalities, or to accept the bid which in his judgement best !+ serves the Owner. In the event of multiplication, addition, or ~! clerical errors on the Bid Forms, the Owner may, correct these errors to clarify the Bids. The information that results in the lowest cost to the Owner will be utilized. 1.11 .RETURN OF BID GUARANTY: As soon as the bids have been compared, the Owner may, at his discretion, return .the guaranty , deposit accompanying such bids as in his judgement would not likely be considered in making the award. All other bid guaranties will be held until the contract 'and bonds have been executed, after which they will be returned to the respective bidders whose bids they accompany. 1.12 FAILURE TO EXECUTE THE CONTRACT: The failure on the part of the successful bidder to execute the contract as required will be just. cause for the amount of guaranty deposited with the bid, either in the form of a certified or cashier's check or a bid bond, to be retained or be paid upon demand by the Owner, not as a forfeiture, but rather will be for liquidated damages, it being agreed to by each bidder in advance that the Owner will sustain certain damages by reason of the failure of the bidder to sign the contract and that such damages equal the amount of the bid security, or exceed the same, and in no event shall the bidder thereafter be permitted to contest to the contrary and does waive such right upon submitting a bid. 1.13 ADDENDA: The Owner reserves the right to revise or amend the Contract Documents prior to the bid opening. Any Addenda issued prior to bid opening shall be binding as if originally written in the Contract Documents. Receipt of all Addenda must be acknowledged on the Bid Forms. 1.14 INTERPRETATIONS AND CLARIFICATIONS OF THE CONTRACT DOCUMENTS: All questions about the meaning or intent of the Contract Documents shall be submitted to the Engineer. Replies will be issued by Addenda to all parties recorded by the Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 1.15 TIME OF AWARD: The Owner reserves the right to hold all bids and bid guaranties for a period not to exceed ninety (90) days after the date of bid opening stated in the Invitation to Bid. Longer extensions may be requested by the Owner depending upon the progress IB-4 02-126.2 of other work items. Any delay in award beyond 90 days from the bid date shall not occur unless the Contractor agrees to hold all pricing for the additional time requested. 1.16 BID MODIFICATIONS: Modifications will be received from bidders prior to opening of first bid. Modifications may be telegraphic or in other written or printed form, but shall be sealed and dated with ~, time stamp before delivery to the Owner. 1.17 CONTRACT SECURITY:- Sections 5:1 and 5.2 of the General 1 Conditions set forth the Owner's requirements with regard to performance and payment bonds. Properly executed performance and payment bonds shall be delivered to the Owner with the executed agreement. All performance and payment bonds for this project shall be in an amount equal to 100% of the ,Contract Price. The bonds must- be executed on the forms provided in these documents and be countersigned by a Florida resident agent. 1.18 SITE USAGE: Contractor shall restrict all activities to the immediate construction area public road rights of way, as approved by the Engineer. The Contractor shall be responsible for the coordination of their activities with other Contractors within the project area. The Contractor, for this project, shall be required to take all steps necessary to not impede the progress of other construction work occurring in and around the site. All work must be performed within the Village's property or public rights of way. Encroachment of vehicles, equipment and personnel onto adjacent property is prohibited. The Contractor is encouraged to visit the site prior to submitting a bid. 1.19 PERFORMANCE & enclosed forms The PAYMENT BONDS: use of other Bonding companies shall use the forms is not acceptable . . 1.20 TIE BIDS: Tie bids may be awarded to one of the bidders based upon: 1. Availability of equipment and personnel. 2. Previous work hi story. 3. Closeness to the project site. Where tie bids are between bidders one of which is a business whose principal place of business is located in Palm Beach County and the other bidder is not, the recommended award shall be to the local bidder. If all conditions are equal, the award shall be determined by drawing lots or flip of a coin. ri IB-5 02-126.2 1 1.21 DISPUTES: Any actual or prospective bidder who disputes the reasonableness, necessity or competitiveness of the terms and conditions of the Invitation to Bid, bid selection or contract award recommendation, shall file such protest in form of a petition in compliance with Rule 13A-1.006, Florida Administrative Code.. Failure to file a protest within the time prescribed in Section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 1.22 AVAILABILITY OF FUNDS: The obligations of the Village of Tequesta under this Agreement are subject to the availability of funds lawfully appropriated for this project by the State of Florida and the Village of Tequesta. 1.23 SUBCONTRACTORS: For the Owner to be assured that only competent, and qualified subcontractors will be employed on this project, each Bidder shall submit in the bid a list of the subcontractors performing work on this project. This subcontractors list shall include each firm's name, address, telephone number, .contact person, and work to be performed. Subcontractors shall be properly registered or licensed with the State of Florida, Palm Beach County and Village of Tequesta. Subcontractors shall, in the Owner's opinion, be qualified both technically and financially to perform the work. The Owner reserves the right to reject any subcontractor who is deemed by the Owner to be unacceptable technically or financially, or has previously performed work for the Owner which the Owner believes to be unsatisfactory. No change may be made to this list of subcontractors by the Contractor, before or after contract award, without the written consent of the Owner. If, prior to award, the Owner rejects any subcontractor, the Contractor shall be afforded the opportunity to submit qualifications for an alternate subcontractor with no attendant increase in the bid price, adjustment of contract time or alteration of the bid documents. Such qualifications will be due within ten (10) days of receipt of notification of subcontractor rejection. Failure to submit an acceptable alternate subcontractor may result in rejection of the bid. 1.24 PUBLIC ENTITY CRIMES: Und 287.133(3)(a), Florida Statutes, entity crimes shall be submitted and prior to award. A person or convicted vendor list following may not submit a bid on a contra r the requirements of Section a sworn statement related to public with the statement. of qualifications affiliate who has been placed on the conviction for public entity crime t with a public entity for the IB-6 02-126.2 t construction or repair of a public building or public work, may not submit bids on leases of real property to 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 Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.25 MANUFACTURERS: The Contractor shall use only the named manufacturers, except as noted in the General Requirements, Section 01019. 1.26 OSHA COMPLIANCE: By submitting a bid, bidders agree that the products furnished and construction methods used will comply with the Williams-Steger Occupational Safety and Health Act of 1970_ and/or the Florida Division of Safety, whichever is applicable. 1.27 MATERIAL SAFETY DATA SHEETS: The selected bidder shall provide a copy to the Owner through the Engineer of the Material Safety Data Sheets (MSDS)for all chemicals used in the execution of their work in compliance with Chapter 442, Florida Statutes. 1.28 FLORIDA TRENCH SAFETY ACT: By submitting a proposal, the Contractor acknowledges full compliance with the Florida Trench Safety Act including, but not limited to, the submittal of information related to the cost of compliance. 1 IB-7 02-126.2 SPECIAL REQUIREMENTS A. SCOPE OF WORK: The project consists of the construction of 4300 LF of 16-inch and 1700 LF of 12-inch PVC pipe,-three (3) jack and bores and one (1) directional bore. The Contractor shall satisfy himself regarding all local conditions affecting his work by personal investigation. Time is of the essence in completing this project. No unreasonable or avoidable delays will ~ be tolerated in beginning or completing this project. B. STORAGE/STAGING AREA: The Contractor will be responsible for arranging for their own storage/staging area within the project area. This will entail all necessary site clearing, grading, disposal of cleared material and temporary fencing if required. The area to be used will require approval by the Engineer to ensure that no conflicts exist with the other contractors on site. No separate payment will be made for this item. C. PROJECT INSPECTION: The Engineer will be inspecting the work on a non-full time basis. The Contractor shall provide appropriate notice of need for inspections and allow time for scheduling. No work shall be covered up, nor tests accepted, without prior witness by the Engineer. Inspections by the Engineer shall not be performed in lieu of other inspections required by the Village, County, State or Federal requirements. D. NOISE: The Contractor is advised that all construction is in. close proximity to several residential areas. All engines used during construction shall be equipped with critical grade mufflers. ~~ E. CONTRACTOR COORDINATION: The Contractor is advised that other construction work at the site may be simultaneously underway. The Contractor will be responsible for coordinating their activity with the other work in order to ensure that neither contract is delayed or incurs additional expenses. A. RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences or other property or surface structures not designated as pay items, have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards,. such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. SR-1 02-126.2 G. SEQUENCE OF WORK: The Contractor will be required to submit for approval a detailed construction schedule that outlines the proposed sequence of work for this project . This schedule will be reviewed by the Owner and the Engineer for acceptance. The Owner/Engineer reserve the right to change the sequence of work or instruct the Contractor to stop work in one area and commence work in another area of the project, with minimal or no notice to the Contractor. This change in work sequence/direction shall be done in writing by the Owner/Engineer at no additional cost to the Owner H. NOISE: -The Contractor is advised that all construction is in ' close proximity to several residential areas. All engines used during construction shall be equipped with critical grade mufflers. I. PROGRESS SCHEDULES/MEETINGS: The Contractor shall be required to prepare a monthly update of the project schedule prepared pursuant to Article 2.6.1 of the General Conditions and submit three (3) copies to the Engineer. The updated schedule shall be submitted to the Engineer with each pay request. Pay requests received without the- updated schedule will not be processed. The Contractor may be required to attend status meetings, if requested by the Engineer/Owner, to discuss project progress and shall be able to discuss existing and projected problems, and overall job status. All such meetings shall be held at the job site. The Contractors project manager, superintendent and appropriate subcontractors shall attend all progress meetings. J. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR THE FOLLOWING: 1 . Removal of all clearing and grubbing material (no separate ,~ payment). 2. Maintenance of traffic along the pipeline route during working operations (no separate payment). A maintenance of traffic plan shall be submitted for approval prior to commencing the work, which will require the Engineer's, FDOT and County approval. 3. Complete restoration of disturbed areas to a condition equal to or better than the condition of the area before work began. Maintenance of the restored area shall be maintained by the Contractor through final completion of the project. The decision as to the use of sod or seed/mulch shall be the Engineer's. SR-2 02-126.2 1 4. The Contractor shall maintain all sod and seed/mulch areas as follows; - Water the restored areas through final completion of the project. - Stake all sodded areas that are on a slope greater than 3.1. 5. Proper disposal of all unsuitable material and excess material excavated. 6. Reviewing the project site prior to the bid. 7. Provide proper dewatering at points of main deflection or where a-wet trench is encountered (no separate payment). 8. The Contractor shall video tape the entire project area prior to the commencement of any work activity. The video will be made in the presence of the Engineer or their representative . The video shall be in the VHS format with one (1) ful l copy provided to the Engineer. 9. The Contractor shall restore the State, County and Village right-of-ways to their original, or better, condition where disturbed by construction activity. 10. The Contractor shall take all reasonable precautions necessary to prevent turbidity or silting in adjacent storm sewers, swales and canals. 11. The Contractor shall schedule all inspections at least 48- hours in advance. All underground installations must be uncovered for inspection. 1 1 SR-3 02-126.2 ------ ,~~~ BID PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 FROM : B UNDERGROUND CONT., INC. P.O. Box Indiantown, FL 34956 561 X597-5571 (Hereinafter referred to as Bidder) Gentlemen: The undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentals necessary to perform all work in accordance with the Contract Documents entitled: Village of 'Tequesta,Water System Improvements, Raw Water Main. Bidder has also received addenda numbers~~ through Dn2 , and have included their provisions in this proposal. Bidder now submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud, or _other illegal practices. 2. To hold Bid open until an Agreement has been executed between the Village and the accepted Bidder, or until ninety (90) calendar days after the bid opening date, whichever is shorter. 3. To enter into and execute an Agreement on the basis of this Bid, within fifteen (15) calendar days after the award of the Contract. To furnish the 100% Performance Bond and 100% Payment Bond in accordance with the Contract Documents. Failure to execute the Contract and furnished said Bonds within fifteen (15) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the Village. P-1 (ADD-1) 02-126.2 -` ~"'°. ~=~, :. ~~ rti; Y 4. To start work *~~~" wl~~ln ten (10) calendar days of the Date of Commencement as e$~~~lished in the Notice to Proceed. Work shall be completea~;,~ithin the number of calendar days specified in Articl~' A reement. ~ of the Construction g 5. In the event of ~tiplication, addition, or clerical errors on the Bid gorms, the Village may correct these errors to clarify the'':;,,Bids. The information which results in the lowest cost Ito the Village will be considered correct, and therefore utilized. P-2 (ADD-1) 02-126.2 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE 1 1 1 1 1 1 1 1 r Estimated Description Quantity A. Raw Water Main Extension 1. Raw WM a. 16" PVC 4380 b. 12" PVC 1700 Estimated Unit Price Amount LF $ 3`f~ 70 $ S g~ 9yo.oo 2. Valves a. 16" Butterfly 2 EA $ `~3aa, ao $ ~~/Ooo,o~ b. 12" Butterfly 2 EA $ ~, `~SU,Od $ ~.ojoo, 0O 3 . ARV Assembly 8 EA $ ~Sp.op $ ~, dad, ov 4. Sample Points 6 EA $ 3sd.ou $ /iSO0, oa 5. PVC Fittings a. 16" Tee 1 EA $ /,'~oo,dc~ $ moo, ov b. 16" Plug 1 EA $ ~DD,op $ c~OO-oa c. 16" 22-1/2~ 2 EA $ / ao,ao $ o2,G aa, ov d. 16" 90~ 3. EA $ /~ boo, oo $ ~/, aao.oo e. 16" 45~ 29 $ $ `' 37 73 ,o ~ f. 16" x 12" Reducer 1 ~~ E.~ / 30.00 $ $ o oo / `f11 o ` ` g . 16 " x 12 " Tee 1 EA $a, ,j ~;(j . Ov $ ~ , 3 a-a . o c~ h. 12" 90~ 2 EA $ 1D,Oa $ ~,,~~/0,od i. 12" 45~ 15 EA $ ~ 70.od $ ~U~ (xS~U. Ov J - 12 " Plug 2 EA $ Sa d, Do $ /, 0 oD. d d k. 16" FLG x Bell Adapter 4 EA $ /~~OO,Od $ ~(o Od, p p 1 . 12 " FLG x Bell Adapter 4 EA $ oo, Oa $ ~ (~ D~, ~ P-3(ADD-1) 02-126.2 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE Estimated Description Quantity Unit Price 6. Jack & Bore a. FEC R.R: (STA 22+37) . 24" Casing/12" Carrier b . Old Dixie Hwy. (STA 41+58) 30" Casing/16" Carder c. Village Blvd. (STA 50+00) 30" Casing/16" Carrier 7. Directiona_1 Bore a. Tequesta Dr. (STA 23+06) 12" HDPE, DR 11 8.Asphalt Restoration. a. Read/Driveway b. Walkway 9. Shell/Rr~clc Rr~ad Restoration 10. Sidewalk Restoration/Installation a. Paver Brick b. Concrete (5 ft. width) 11. Sod Restoration a. Floratam b. Bahia c. Seed & Mulch 12. Relocate Palm Tree Estimated Amount 10 0 LF $ 30 0.yo $ ~p f Dod. a ~ 55 LF $ 3~S.oa $ 1~~.~~-~,a.~ 136 LF $ c3Sd.OV $ ~7, loa0, ov 450 SY $ 02 .oa $ /D po,ov 15 SY $ /a, o ~ $ /~Q, o~ 25 SY $ ~, OD $ aoa v o l0 SY $ sago $ ,foo. as 1500 LF $ ~j~aa $ S~q„foo,ac~ 3400 SY $ .oo $ / ~ o0 00 3800 SY $ ~-~° $ lo~~~v•a° 7800 SY $ •ds6 $ DO-off 2 EA $ `~-d0.od $ coo, oa TOTAL BASE BID (Items 1 - 12) $ S ~9, ~S9 ~ . o a P-4 (ADD-1) 02-126.2 1 i 1 1 1 1 i 1 i 1 i i i BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE • Estimated Description Oua=ty B. .Alternate Bid Items 6.I. Directional Bore b. Old Dixie Hwy. (STA 41+58) 75 16" HDPE, DR 11' c. Village Blvd. 145 (STA 50+00) 16" HDPE, DR 11 P-5 (ADD-1) Unit Price Estimate d Amount LF $ ISO o o $ ~~~ ~'~~, D a LF $ /S ~ ~J $ a/, 7S U, 0 0 02-126.2 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE Estimated Description Quantity Unit Price C, Alternate Bid Item (Material Installation Only) 1. Raw.4d~I / a. 16" PVC 4380 LF $ ab•D~ b. 12" PVC 1700 LF $ ate, D c 2. Valves a. 16" Butterfly b . 12 " Butterfly 3.PVC Fittings a. 16" Tee b. 16" Plug c. 16" 22-1/2a d. 16" 90~ e. 16" 45~ f. 16"x12" Reducer g. 16"x12"'Tee h. 12" 90~ i . 12" 45~ J• 12" Plug k. 16" FIG x Bell Adapter 1. 12" FLG x Bell Adapter 2 2 1 1 2 3 29 1 1 2 15 2 4 4 F~ $~~° ~ $ 7.~p.ao P-6 (ADD-1) EA $ 700. ~D EA $ ~Op Da EA $ ADD .0 0 ~ $ OD•60 ~ $ ~OO.OD EA $ ~DD.av EA $ ~00.0O ~ $ 3SO,~o ~ $ 3,jo,oa EP, $ ~oy,o~ EA $ lFdO .nv Estimated Amount $ /0 ,SJD, o-o $ ~~~~~-~ $ oZ~DaD,ol! $ ~~So-D, ~0. $ D~ 0 a $ ~~p,ba $ j(, boo. a $ Foe, a $ ~0 D, oa $ ~pp av $ s ~-so . o $ 707, o 0 $3~aoo.o $.3 ~oO•a 1 N 1 1 1 02-126.2 __ _ __~_ The following is a complete list of the subcontractors to be used if the undersigned. is awarded the Contract for this project. The s (equipment and ubcontractors performing more than $10,000 work labor) on the project shall be listed below Subcontractors . named below may not be changed by the Contractor. The Owner may request a change under the terms of applicable sections of the General Conditions. Type of Work Name and Address of Subcontractor /~ - / 1 1 1 r Dated this 2 day of ~ 2004. Contractor: Corporate Address : v fl. n iininrnrnnii~m rnniT inir ~ . Seas. •, P.O. Box 698 n ian own, 561-597.5571 /f/// By: 1 ~ / Title P-7{ADD-1) 02-126.2 t ~j .CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the ~_ day of in the year 2004 by and between the Village of Tequesta hereinafter called OWNER) and B&B Underground Contractors, Inc. (hereinafter called CONTRACTOR) . OWNER. and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Village of Tequesta Water System Improvements Raw Water Main Extension. The Project, for which the Work under the Contract Documents may be the whole or only apart, is generally described as follows: The Village of Tequesta Water System Improvements Raw Water-Main Extension. Article 2. ENGINEER. The Project has been designed by: ARCADIS Reese, Macon & Associates, Inc. 6415 Lake Worth Road, Ste. 307 Lake Worth, FL 33463-2907 (561) 433-3226 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3 . 1. The Work will be substantially completed within 140 days from the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 160 days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as -1- 02-126.2 ~~~ a penalty) CONTRACTOR. shall pay OWNER Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified- in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty Dollars ($150.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for. final payment. Article 4. CONTRACT PRICE. 4 1 OWNER shall a CONTRACTOR f l ti f th W k in . . p y or comp e on o e or accordance with the Contract Documents Unit Price Bid Schedule in current funds as follows: Total Base Bid (Items 1 - 12) Five Hundred Twenty Nine Thousand Five Hundred Ninety Six Dollars ($529,596.00). i Art cle 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 20th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.07 of the General Conditions or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such. amounts as. ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 90% of work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied. by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 5.1.2. .Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 90% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance-with paragraph 14.02 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER -2- 02-126.2 shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST (NOT APPLICABLE) Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7. 1. CONTRACTOR has 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. 1 r 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth in paragraph SGC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and. conditions of the Contract Documents, including specifically the provisions of paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown, indicated or referenced on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract. Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. -3- 02-126.2 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract .Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6, inclusive).. 8.2. Performance and Payment Bonds. 8.3. Notice of Award. 8.4. General Conditions (pages 1 to 42, inclusive). 8.5. Supplementary Conditions (pages SGC-1 to SGC-12, inclusive). 8.6. Exhibits 1 thru 4. 8. 7. Specifications. bearing the title Village of Tequesta Water System Improvements, Raw Water Main and consisting of one technical division, as listed in table of contents thereof. 8.8. Drawings, Consisting of 10 sheets as described within Section 01019, Paragraph 1.04. 8.9. Addendum number 1, inclusive. 8.10. CONTRACTOR's Bid (pages P-1 to P-7, inclusive). 8:11,. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraph 3.04 of the. General Conditions. 8.12. The documents listed in paragraphs 8.2 and following, above, are attached to the Agreement (except as expressly noted otherwise above) . There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions Article .9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 . No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto -4- 02-126.2 without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , ' and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 1 1 Article 10. INDEMNIFICATION. 10.1 It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725) . It is further the specific intent and agreement of the parties that all of the Contract documents on this Project are hereby amended to include the foregoing indemnification. and the "Specific Consideration" therefore. -5- 02-126.2 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to CONTRACTOR, and ENGINEER, and two (2) copies to the Owner. 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: 2004. CONTRACTOR: Village of Tequesta BY ~ua~~~ ~ 4.Z7t.v>"s.~ Patricia Watkins, Mayor ATTEST: Address for giving notices Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 (561)575-6200 'ai~~~i 11 i 111 i 1111 I I / //~/ 'yr~ ~P~A A. AUS~iii~ '~ ? : #DD 266317 ; o '"09 ~~•; a ~Onded~ ~6; ~ OQ~ fi'~f- ~uWicU~a~; ' ~~'~~~ ~~°PIi~UB"Plllii!!1\1 O~\\\\\ B&B Un/de~rground Contractor/s_, (Inc. Ang to B,, file, • Vice Pres . ATTEST : .~, (,~\ ` {~~ Address for giving notices: B&B Underground Contractors, Inc. P.O. Box 698 Indiantown, FL 34956 (772)597-5571 [CORPORATE SEAL] .... ~, rrJy'`'~ , ~~.~ ~' ~ ~ YJ -6- 02-126.2 ' i Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR Name and Address : SURETY ame and Address of Princi al Place ~,~ ~ (~~%'~oK--~~v..~T ~cS, ~i~~. of Business): p OWNER (Name and Address): ~~ ~~ ~~ ~ G~e~~el~ ~~~ ~~ y~/ZSi VILLAGE OF TEQUESTA ~ ~ 250 TEQUESTA DRIVE SUITE 300 TEQUESTA, FL 33469 CONTRACT Date:~ 30, 2~a`t ' Amount: '' y 2 9 ~ pO / ~/ ~S / _ . ' Description (Name and Location): ~/~:t~t~ S~ ~,~Q/b~'`" ~"~ (`~ ~~`~~ `~Y~'~-5(r"~ V BOND Date (Not earlier than Contract Date): 3~0~ o2.QU `f Amount: ~ST'1~5~~ ~° - Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL //~~/~ (~ ~,,~ SURETY /- ,~~~~/~ ~ jl/r'L+~-C_~o Company: ~,Q ~ ~~t/5~/n ` 7 Corp~Sjeal) Company: !~/ (Corp. Seal) Signature: ~-- ~-LJ ~G~~'~`~-- Signature: ~~ Name and Title: Name an ttl : 4 (f~•fX/~/1 .!• ~~ ~~ - l (Attach Power of Attorney) ~ - (Space is provided be`fow for signatures of additional parties, if required.) ~ v CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their 2. If the CONTRACTOR performs the Contract, the Surety and the heirs, executors, administrators, successors and assigns to the Owner for the CONTRACTOR have no obligation under this Bond, except to participate in performance of the Contract, which is incorporated herein by reference. conferences as provided in paragraph 3.1. 00610-1 ' 02-126.2 3. If there is no OWNER Default, the Surety's obligation under thk. Bond wall Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then , arise after: f the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Contract, and the responsibilities of tha OWNER to 3.1 The OWNER has notified the CONTRACTOR and the Surety at the the Surety shall not be greater than those of the OWNER under the Contract. To addresses described in paragraph 10 below, that the OWNER is a limit of the amount of this Bond, but subject to commitment by the OWNER of ' considering declaring a CONTRACTOR Default and has requested and the Balance of the Contract Price to mitigation of costs ,and damages on the attempted to arrange a conference with the CONTRACTOR and the Contract, the Surety is obligated without duplication for: Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If the owner, -the 6.1 The responsibilities of the CONTRACTOR for correction of defective ' CONTRACTOR and the Surety agree, the CONTRACTOR shall be Work and completion of the Contract; allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declaze a 6.2 Additional legal, design professional and delay costs resulting from the CONTRACTOR Default; and CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 3.2 The owner has declared a CONTRACTOR Default and formally terminated the CONTRACTOR'S right to complete the Contract. Such 6.3 Liquidated damages, or if no liquidated damages are specified in the . CONTRACTOR Default shall not be declared earlier than twenty days ' Contract, actual damages caused by delayed performance or non- after the CONTRACTOR and the Surety have received notice as performance of the CONTRACTOR. ' provided in paragraph 3.1; and 7. The Surety shall not be liable to the OWNER or others for obligations of the 3.3 The owner has agreed to pay the Balance of the Contract Price to; .CONTRACTOR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. 3.3.1. The Surety in accordance with the terms of the Contract; No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 3.3.2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract. ' 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders. and other obligations. 4. When the owner has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or pari of the 4.1 Arrange fcr the CONTRACTOR, with consent of the OWNER, to Work is located and shall be instituted within two years after CONTRACTOR perfnrm and complete the Contract; or Default orwithin two yeazs afterthe CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, 4.2 Und`~rtake tv perform and complete the Contract itself, through its agents whichever occurs first. Ifthe provisions ofthis paragraph are void or prohibited by or through independent contractors; or law, the minimum period of limitation available to surities as a defense in the jurisdiction of the suit shall be applicable. 43 Obtain bids ~r negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or Contract, arrange for a contract to be prepared for execution by the delivered to the addresses shown on the signature page. OWNER and the wntractor selected with the O WNER's concurrence, to be secured with performance and payment bonds executed by a qualified 11. When this Bond has been furnished to comply with a statutory or other legal surety equivalent to the Bonds issued on the Contract, and pay to the requirement in the location where the Contract was to be performed, any provision OWNER the amount of damages as described in paragraph 6 in excess in this Bond conflicting with said statutory or legal requirement shall be deemed l of the Balance of the Contract Price incurred by the OWNER resulting deleted herefrom and provisions conforming to such statutory or other lega from the CONTRACTOR Default; or requirement shall be deemed incorporated herein. The intent is, that this Band shall be construed as a statutory Bond and not as a common law bond. 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the 12. DEFINITIONS circumstances; 12.1 Balance of the Contract Price: The total amount payable by the OWNER 4.4.1. After investigations, determine the amount for which it may be to the CONTRACTOR under the Contract after all proper adjustments liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is 4.4.2. Deny liability in whole or in part and notify the OWNER citing entitled, reduced by all valid and proper payments made to of on behalf reasons therefor. of the CONTRACTOR under this Contract. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. After the OWNER has terminated the CONTRACTOR'S right to complete the 12.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00610-2 02-126. 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 R WESTFIELD INSURANCE COMPANY ONE PARK CIRCLE WESTFIELD CENTER, OHIO 44251 1 800 331 8208 Bond No.:5963960 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Contractor Name B&B UNDERGROUND CONTRACTORS, INC. Address PO BOX 698 INDIANTOWN, FL 34956 Phone # 561 597-5571 Owner Name VILLAGE OF TEQUESTA Address 136 BRIDGE ROAD TEQUESTA, FL. 33469 Phone # 561 575-6240 Contract Number Project Description RAW WATER MAIN EXTENSION Project Address VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA Legal Description of Property VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. n 1 CONT TOR (Name and A dress): P11. ~~~6y'6, ~~~r ~s 3 yfs~ OWNER (Name and Address): VILLAGE OF TEQUESTA 250 TEQUESTA DRIVE SUITE 300 TEQUESTA, FL 33469 SURETY (Name and Address of Principal Place of Business): ~~~'el~ Zns~~~~C~ CONTRA 3o~.2vo~ Date: Amount: $ ~Z 4 ~~6 oe Description (Name and Location): ~/,~~,/ fy5 %G.. ~.~~d/r.~-c~/f/ ~w ~~ ~~w ~j~ BOND '' // Date (Not earlier than C~ract Date): ~1vw.v ,30~ sZ-~"n T Amount: ~~Z9i ~~/ Q Modifications to this and Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL /Lo^~I,~~S; ~ SURETY ~f~Q/(J ~.jd~G-~L~v Company: Q~ (/n,~~~w'^ ~/ (Corp. Seal) Company. (Corp. Seal) U"' ~ Signature: ! ~~~ Signature: _ ' Name and Title Name a d e: ~~~~~ J ~~ (Attach Power o tto ey) (Space is provided De~Yow for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: ' Name and Title: Name and Title: EJCDC No. 1910-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their 2. With respect to the Owner, this obligation shall be null and void if the heirs, executors, administrators, successors and assigns to the Owner to pay for CONTRACTOR: labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and ' 00620-1 ' 02-126.2 .4 ' r 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, to use the funds for the completion of the Work. demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, 9. The Surety shall not be liable to the OWNER, Claimants or others for provided the OWNER has promptly notified the CONTRACTOR and obligations of the CONTRACTOR that aze unrelated to the Contract. The the Surety (at the addresses described in pazagraph 12) of any claims, OWNER shall not be liable for payment of any costs or expenses of any Claimant demands, liens or suits and tendered defense of such claims, demands, under this Bond, and shall have under this Bond no obligations to make payments liens or suits to the CONTRACTOR and the Surety, and provided there to, give notices on behalf of, or otherwise have obligations to Claimants under this is no OWNER Default. Bond. ' ' 3. With respect to Claimants, this obligation shall be null and void if the 10. The Surety hereby waives notice of any change, including changes of time, to CONTRACTOR promptly makes payments, directly or indirectly, for all sums due. the Contract or to related Subcontracts, purchase orders and other obligations. , 4. The Surety shall have no obligation to Claimants under this Bond until: 11. No suit or action shall be commenced by a Claimant under this Bond other that in a court of competent jurisdiction in the location in which the Work or part of the 4.1 Claimants who are employed- by or have a direct contract with the , CONTRACTOR have given notice to the Surety (at the addresses Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4:1 or paragraph 4.2.3, or (2) on ' described in pazagraph 12) and sent a copy, or notice thereof, to the which the last labor or service was performed by anyone or the last materials or OWNER, stating that a claim is being made under this Bond and, with equipment were famished by anyone under the Construction Contract; whichever substantial accuracy, the amount of the claim. of (1) or (2) first occurs, If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to surdities as a defense in the 4.2 Claimants who do not have a direct contract with the CONTRACTOR: jurisdiction of the suit shall be applicable. 1. Have furnished written notice to the CONTRACTOR and sent a 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or copy, or notice thereof, to the OWNER, within 90 days after having delivered to the addresses shown on the signature page. Actual receipt of notice by last performed labor or last furnished materials or equipment Surety, the OWNER or the CONTRACTOR, however accomplished, shall be included in the claim stating, with substantial accuracy, the amount sufficient compliance as of the date received at the address shown on the signature of the claim and the name of the party to whom the materials were page. famished or supplied or for whom the labor was done or performed; and 13. When this Bond has been famished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision ' 2. Have .either received a rejection in whole or in part from the in this Bond conflicting with said statutory or legal requirement shall be deemed CONTRACTOR, or not received within 30 days of furnishing the deleted herefrom and provisions conforming to such statutory or other legal above notice any communication from the CONTRACTOR by requirement shall be deemed incorporated herein. The intent is, that this Bond shall which the CONTRACTOR had indicated the claim will be paid be constmed as a statutory Bond and not as a common law bond. , directly or indir€ctly ;and , 14. Upon request of any person or entity appearing to be a potential beneficiary 3.:dot hav:ng'~een paid within the above 30 days, have sent a written of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or notice . tti the Surety and sent a copy, or notice thereof, to the shall permit a copy to be made. " OWNER,--stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to the 15. DEFINITIONS CONTRACTOR. 15.1 Claimant: An individual or entity having a direct contract with the 5. If a notice required by paragraph 4 is given by the OWNER to the CONTRACTOR or with a Subcontractor of the CONTRACTOR.to CONTRACTOR or to the Surety, that is sufficient compliance. famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: in the terms "labor, materials or equipment" that part ofwater, gas, power, light, heat, oil, gasoline, telephone service or rental equipmentused in the , Contract, azchitectural and engineering services required for performance 6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45 of the Work of the CONTRACTOR and the CONTRACTOR'S days after receipt of the claim, stating the amounts that are undisputed ,Subcontractors, and all other items for which a mechanic's lien may be and the basis for challenging any amounts that are disputed. asserted in the jurisdiction where the labor, materials or equipment were famished. 6.2 Pay or arrange for payment of any undisputed amounts. 15.2 Contract: The agreement between the OWNER and the CONTRACTOR 7. The Surety's total obligation shall not exceed the amount of this Bond, and the identified on the signature page, including all Contract Documents and amount of this Bond shall be credited for any payments made in good faith by the changes thereto. Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the CONTRACTOR famishing and the OWNER accepting this Bond, they agree that all funds earned by the CONTRACTOR in the performance of the Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER'S priority 15.3 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. t 00620-2 02-126.2 General ~, ~ PowER Ivo. oss22o2 04 Power Westfield Insurance Co. of Attorney ~ Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center. Ohio Know Alf AAen by These Presents, That bESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations; hereinafter referred to individually as a `Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County; Ohio, do by these presents make: constitute and appoint THEODORE J. JEDLICK, ROBERT H. BOND, JOINTLY OR SEVERALLY 1 of DAVIE and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name. I place and stead, to execute_ acknowledge and deliver any and atl- bonds, recognizances, undertakings,-or other instruments or contracts of suretyship- - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as Fully and to-the same extent as if such bonds were signed by the President, sealed with the corporate I seal of the applicable Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Attorney(sl-in-Fact may do in the premises. Said appointment is made. under and by authority of the following resolution adopted by the Board of Directors of each of the WcS ~ MELD INSURANCE COMPANY, VESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'tae ft Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with ful; power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for ' and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full pourer and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds; recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact sY,all be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.` I "Be !t Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile. and any power of attorney or certificate bearing facsimile signatures or facsimile sea? shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.` (Each adopted at a meeting held on February 8, 2000). !n Wifness lNhereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE I COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be herein affixed this 20th day of MAY A. D., 2003 . Corporate ..•`«... .41MyI, •,,,,,,,,,,, ,,,~ ««...,,,.. F• ~gUR,~~ ., •t.•'~~nNV,C~in •, '"" '~~, , .UESTFIELD INSURANCE COMPANY Seals rr'O\ . •..rC~; .' . ,yF..•••••.., /.S', .~~111511p:'~y~ Affixed~~~,,_•''~,p. ;t~ ~ ~; "•• ~y ; ,t~E:l1ART "•:C~3 OHIO FARMERSIIONSURANCE COMpgOMPANY iii .'n'~ ter,: ~ -~• '7sz State o` OhioY~""°~~"""'f ~, „ * „ • _ p,,, . • 1 .... By: county of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive I On this 20th day of MAY A. D., 2003 ,before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly savor^, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate sears; that they were so affixed by order of the Boards of Directors of said Companies; anC that he signed his name thereto by like order. No:a~iai • - Seal art A L~~""• y Affixed ,~P•'~\~~~J~~/S~'-• 2- ~: /- ~ r I William J. Kahelin, A rney at Law, Notary Public Sate of Ohio rJ+ ~ ~s~p My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code. County cf Mer..';na ss.: ~' ~'~•t~: 4TC OF O ' I, M. Brooks Rora au h, 5ecretar •.of•YdESTFIELC INSURAN OMP NY W i P 9 ) CE C A ESTFiELD NATIONA_ INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. do hereby certify that tr:e above and foregoing is a true and correct copy o` o Power of Attorney, executed by said Com:paries, dvhich is still in full force and effect: antl furthermore. the resolutions of the Boards of Directors, set out in the Power of Attorney ' are in full roue and effect. !n Wriness U'inereof, I nave hereunto se± my hand anc atf~x~d the seals of said Companies at Westfield Center, Ohio, this day o` A.D_. ~~"i'•.ti ~+ jet`s ' ~' - ~=. 2@48 '__= M. Brooks Rorapaugh, Secre ry BPOAC2 (combined) (06-02) 1 This document has important legal consequences; consultation with an attorney is encouraged-with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD ' GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS T?~l PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCII. 1 AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 -2- TABLE OF CONTENTS Pik ARTICLE 1 -DEFINITIONS AND TERMINOLOGY ..........................................................:..:.................................................. 6 ' 1.01 Defined Terms ................................................................................................................................................... 6 1.02 Terminolo ..................................................................... gy .................................................................................. 8 ARTICLE 2 -PRELIMINARY MATTERS ...................:..................................................................................:........................... 9 2.01 Delivery of Bonds .............................................................................................................................................. 9 ' 2.02 Copies of Documents ..........................................:.............................................................................................. 2.03 Commencement of Contract Times; Notice to Proceed ................................................................................... 9 9 2.04 Starting the Work .................................... ....................................................... ................................................... 9 ' 2.05 Before Starting Construction ............................................................................................................................ 2.06 Preconstruction Conjerence ........................................................................................:.................................... 9 10 2.07 Initial Acceptance of Schedules ........................................................................................................................ 10 ARTICLE 3 -CONTRACT DOCUMENTS: IN'T'ENT, AMENDING, REUSE .........................................................................10 3.01 Intent ...................................... ............................................................................................................................10 3.02 Reference Standards ......................................................................................................................................:...10 3.03 Reporting and Resolving Discrepancies ............................................................:........:..................................... l l ' 3.04 Amending and Supplementing Contract Documents ........................................................................................1 I 3.05 Reuse of Documents ...............:.......................................................................................................................... I 1 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHI'SICAL CONDITIONS; REFERENCE POINTS .....................................................................................................................................................................11 4.01 Availability of Lands .........................................................................................................................................11 ' 4.02 Subsurface and Physical Conditions ................................................................................................................12 4.03 Differing Subsurface or Physical Conditions ...................................................................................................12 4.04 Underground Facilities .....................................................................................................................................13 4.05 Reference Points ....................................................................................:...........................................................14 1 4.06 Hazardous Environmental Condition at Site ....................................................................................:...............14 ' ARTICLE 5 -BONDS AND INSURANCE ................................................................ 5.01 Performance, Payment, and Other Bonds ...................................... ..........................................................:.......15 .......................:..........................................15 5.02 Licensed Sureties and Insurers ....................................................... ..................................................................15 .......................................... 5.03 Certificates ojlnsurance ................. ...... 5.04 CONTRACTOR 's Liability lnsurance ............................................ ..................................................................15 .........:........................................................15 5.05 OWNER 's Liability Insurance ........................................................ ..................................................................16 5.06 Property Insurance .......................................................................... 5.07 Waiver oJRights .............................................................................. ..................................................................16 .....................................:............................ T 7 5.08 Receipt and Application oflnsurance Proceeds ............................ ..................................................................18 5.09 Acceptance of Bonds and Insurance; Option to Replace ..............: ..................................................................18 5.10 Partial Utilization, Acknowledgment ojProperty Insurer ............. ..................................................................18 ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES ............................................ ..................................................................18 6.01 Supervision and Superintendence ................................................... 6.02 Labor; Working Hours ........:........................................................... ..................................................................18 ...................................................,..............19 6.03 Services. Materials, and Equipment ............................................... .................................................:................19 ' 6.04 Progress Schedule .......................................................................... 6.05 Substitutes and "Or-Equals " ......................................................... ...................................................................19 ...................................................................19 6.07 Patent Fees and Royalties .............................................................. ...................................................................21 -3- 6.08 Permits ..............................................................................................................................................:................22 6.09 Laws and Regulations ..:.........:..........................................................................................................................22 6.10 Taxes ..................................................................................................................................................................22 6.11 Use ojSite and Other Areas .:......................................:.....................................................................................22 b.13 Safety and Protection ........................................................................................................................................23 6.14 Safety Representative ................................................................................:..:....................................................23 6.15 Hazard Communication Programs ...................................................................................................................23 6.16 Emergencies ......................................................................................................................................................24 6.17 Shop Drawings and Samples ....................:.......................................................................................................24 6.18 Continuing the Work ................................................................:..........................................:.............................25 6.19 CONTRACTOR 's Genera! Warranty and Guarantee ......................................................................................25 6.20 Indemn ificat i on ....................:.............................................................................................................................2 5 ARTICLE 7 -OTHER WORK .........................:.............................................................................................................................26 7.01 Related Work at Site ..........................................................................................................................................26 7.02 Coordination ................ ......................:.............,.........26 ....................................................................................... ARTICLE 8 -OWNER'S RESPONSIBILITIES ...........................................................................................................................27 8.01 Communications to Contractor ........................................................................................................................27 8.02 Replacement of ENGINEER ..................................:..........................................................................................27 8.03 Furnish Data .....................................................................................................................................................27 8.04 Pay Promptly When Due ...........................................................................................:.......................................27 8.05 Lands and Easements: Reports and Tests ........................................................................................................27 8.06 Insurance ..............................:............................................................................................................................27 _8.07 Change Orders ..................................................................................................................................................27 8.08 Inspections. Tests, and Approvals .....................................................................................................................27 8.09 Limitations on OWNER 's Responsibilities .......................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition ................:..........................................................:..............27 8.11 Evidence of Financial Arrangements .........................................................:.....................................................27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ........................................................................................27 9.01 OWNER 'S Representative ......................................:........................................................................................,.27 9.02 Visits to Site .......................................................................................................................................................27 9.03 Project Representative ...................................:..................................................................................................28 9.04 Clarifications and Interpretations ..................................:.......................................................................:.........28 9.05 Authorized Variations in Work .........................................................................................................................28 9.06 Rejecting Defective Work ................:.....................................:...........................................................................28 9.07 Shop Drawings, Change Orders and Payments ...............................................................................................28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......................................:....29 9.10 Limitations on ENGINEER 's Authority and Responsibilities ..........................................................................29 ARTICLE 10 - CHANGES M THE WORK; CLAIMS ...........................................................................................................:...29 10.01 Authorized Changes in the Work ....................................................................................................................29 10.02 Unauthorized Changes in the Work ................................................................................................................29 10.03 Execution of Change Orders ...........................................................................................................................29 10.04 Noti ication to Sure ............................................................................................30 f ry .......................................... 10.05 Claims and Disputes .......................................................................................................................................30 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............:...................................:.......30 11.0 l Cost of the Work ..............................................................................................................................................30 l 1.02 Cash Allowances ...............................................................................:.............................................................32 11.03 Unit Price Work ..............................................................................................................................................32 -4- 1 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .........................................:.............33 ' 12.01 Change of Contract Price ........................................................................ 12.02 Change of Contract Times ....................................................................... ......................... _.........,..................33 .......................................................34 12.03 Delays Beyond CONTRACTOR'S Control .............................................. .......................................................34 12.04 Delays Within CONTRACTOR 's Control ............................................... .......................................................34 12.06 Delay Damages ................ ................ ........................................................ ..::..:................................................34 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .........................:..................................................................................... ..............................:....................... 34 ' 13.01 Notice of Defects ..................................................................................... ........................................................34 13.02 Access to Work ...................: ..........34 ' 13.03 Tests and Inspections ..:.....................................:..................................... ....................................................... 13.04 Uncovering Work .................. ........... 13.05 OWNER May Stop the Work ................................................................... 13.06 Correction or Removal of Defective .Work .................................:........... 13.07 Correction Period ................................................................................... ........................................................34 .......................................................,35 ........................................................35 .......................................................35 ........................................................36 13.08 Acceptance of Defective Work ................................................................ ........................................................36 13.09 OWNER May Correct Defective Work ................................................... ..........................................:.............36 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION .......................... ...:....................................................37 14.01 Schedule of Values ......................................................:........................... ............:.........................................:.37 ' 14.02 Progress Payments .................................................................................. 14.03 CONTRACTOR 's Warranty of Title ....................................................... ...................:....................................37 ........................................................38 14.04 Substantial Completion ........................................................................... 14.05 Partial Utilization ................................................................................... 14.06 Final Inspection ....................................................................................:.. 14.07 Final Payment ........................................................................................ 14.09 Waiver of Claims ..................................................................................... .................................................:......39 ........................................................39 ........................................................39 ........................................................40 ........................................................40 ' ARTICLE 15 -SUSPENSION OF WORK AND TERNIINATION ............:....................... .................................... .......41 ' 15.01 OWNER May Suspend Work ................................................................. 15.02 OWNER May Terminate for Cause ........................................................ 15.03 OWNER May Terminate For Convenience ............................................ 15.04 CONTRACTOR May Stop Work or Terminate ...................................... ........................................................41 ........................................................41 ..............:.........................................41 ........................................................42 ' ARTICLE 16 -DISPUTE RESOLUTION ............................................:................................ ..............:.........................................42 16.01 Methods and Procedures ....................................................................... .........................................................42 i ' ARTICLE 17 -MISCELLANEOUS ..................................................................................... 17.01 Giving Notice ....................... ........................................... ........................ 17.02 Computation of Times ............................................................................ 17.03 Cumulative Remedies ............................................................................. 17.04 Survival of Obligations .......................................................................... 17.05 Controlling Law ..................................................................................... ...:.....................................................42 .........................................................42 .................:...............:.......................42 .........................................................42 .........................................................42 .........................................................42 ~ ,. GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the 1.01 Defined Terms terms of the Contract. A demand focmoney or services by a third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application jor 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 srich supporting documentation as is required by the Contract Documents. 4. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety .and Health Administration. 5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents-The Bidding Requirements and the proposed Contract Documents (includ- ing all Addenda issued prior to receipt of Bids). 7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds--Performance and payment bonds and other instruments of security. 11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The ,Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documenu--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documenta- tion accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the, Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER'S written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the repoits and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be firmished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price-The moneys payable by OWN- ER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER'S written recommendation of fmal payment. 9. Change Order-A document recommended by ENGWEER which is signed by CONTRACTOR and OWN- ER 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. 15. CONTRACTOR-The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work-See paragraph 11.O1.A for definition. -"6 - J 1 f~l ~J n ii 1 17. Drawings-That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER--The individual or entity named as such in the Agreement. 20. ENGINEER'S Consultant--An individual or entity having a contract with ENGINEER to famish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order--A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to al} sections of the Specifications. 23. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations-- Any and alt applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award--The written notice by OWN- ER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered info the, Agreement and for whom the Work is to be performed. 31. Partial Utilization-Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs-Polychlorinated biphenyls. 33. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Project-The total construction of -which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual-The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 19$4 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative-The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or.information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site--.Lands or areas indicated in the Contract Documents as being famished by OWNER upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands famished by OWNER -which are designated for the use of CONTRACTOR. 41. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor-An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion--The timq at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof} is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to famish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. . 46. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or c}iemicals, or traffic or other control systems. 47. Unit Price Work-Work to be paid for on the basis of unit prices. -8- 48. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation- necessary to produce such construction, and. furnishing, installing, and incorporating all materials and equipment into such construction, al] as required by the Contract Documents. 49. Work Change Directive-A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, .deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Puce or Contract Times. 50. Written Amendment-A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective- Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms ar Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an ,action or determination of ENGINEER as to the Work, it is intended that -such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9. l0 or any other provision of the Contract Documents. B. Day t ii i. 1 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or -does not meet the require- ments of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recom- mendation of final payment (unless responsibility for the protection thereof has been assumed' by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish; Install, Perform, Provide !. The word "famish," when used in connec- tionwith services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall .mean to famish and install said services, materials, or equipment complete and ready for intended use. 4. When "famish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract .Documents, words or phrases which have awell-known technical or construction industry or trade meaning are used in the ' Contract Documents in accordance with such recognized meaning. ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to famish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be famished upon request at the cost of reproduction. 2.03 Commencement ojContract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR'S Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents uriless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified ~ 9. 3.03 there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER'S Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- guity, or discrepancy within the Contract Documents or between the Contract Documents and-any provision of any Law or Regulation applicable to the perfor- mance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to~ ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unle§s CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work {unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04_ Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the teens and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order, (ii) ENGINEER'S approval of a Shop Drawing or Sample; or (iii) ENGINEER'S written interpreta- tion or clarification. 3.05 Reuse ojDocuments A. CONTRACTOR and any Subcontractor or Supplier or-other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER'S Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adoption by ENGINEER This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR fi-om retaining copies of the Contract Documents for record Purposes. ARTICLE 4 -AVAILABILITY OF LANDS; .SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall famish 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 coinply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are ' in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: ' 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing ' and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 1 1 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. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.OS.B, procedures for handling Shop Drawings and other submittals; processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the fast Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.OS.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules.. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER I. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Mile- stones and the Contract Times: Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'S full respon- sibility therefor. 2. CONTRACTOR'S schedule of Shop Drawing and Sample submittals will. be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values .will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING; REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result wilt be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specfcations, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes. of any technical society, organiza- tion, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if ' -10- unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract- Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER'S Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: i~ u 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled , to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 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 fiuther disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER 's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR'S cost of, or time required for, performance of the Work; subject, however, to the following: -12- ' a. such condition must meet any one or more of the categories described in paragraph, 4.03.A; ' and b. with respect to Work that is paid for on a ' Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. ' 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: ' a. CONTRACTOR blew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of ' Contract Price and Contract Times by the submis- sion of a Bid or becoming bound under a negotiat- ed contract; or ' b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ' ration, test, or study of the Site and contiguous- areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commiriient; or c. CONTRACTOR failed to give the written ' notice within the time and as required by para- graph 4.03.A. ' 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made ' therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for ' any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to ' existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: t -13- 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. ° the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such informa= lion and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated -with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before fiuther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the-owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contraci Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent; if any, of any such adjustment in Contract Price or Contact Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction .which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardo-~:s Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance 6y CONTRACTOR on Technical Data Authorized.• CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER; ENGINEER or any of ENGINEER's Consultants with respect to: C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible: D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take con-ective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER'S own forces or others in accordance with Article 7. 1 1 J 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. -14- 1 u ~J 1 1 E a G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold ,harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and .other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was'not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work; and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any,of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitratior. or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall famish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. -15- B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph S.O1.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs S.O1.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER .shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR 's t:iability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed by t CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such. person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other that} to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by para- graphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclu- sion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for rot less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR'S indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, .materially changed or renewal refused-until at least thirty-days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance fiunished by the CONTRAC- TOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment '~ and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insur- ante, and any insurance coverage written on a claims- - made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fiunish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of inctiirance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER 's Liability Insurance A. In addition to the inc~*'~nce required to be provided by CONTRACTOR under paragraph 5.04, .OWNER, at OWNER'S option, may purchase and maintain at OWNER'S expense OWNER'S own "liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary ,~ Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such. deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partrrers, employees, -16- 1 t lJ t ~~ t [~ t agents, and other consultants and subcontractors of be canceled or materially changed or renewal refused until at each and any of them, each of whom is deemed to leas4 30 days prior written notice has been given to OWNER have an insurable interest and shall be listed as an and CONTRACTOR and to each other additional insured to additional insured; whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance -for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandal- ism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by en- forcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and archi- tects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws. and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any. deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of -them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such inc~*ance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment Prior to commencement of the Work at the Site, .OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary Condi- tions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, ,and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, .and other consultants and subcontractors of each and any of them) -17- under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. -18- such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond ,for the proper performance of such duties. t B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER'S property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured -peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substan- tial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER'S Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application ojlnsurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds; as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered_ by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER'S exercise of this power. If 1 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has .any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of nonconformance with the Contract Documents, the objecting party shall so notify the other party in writing within i0 days after receipt of the certificates (or other evidence requested) required by paragraph 2.OS.C. OWNER and CONTRACTOR shall. each- provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and incu*'~nce required of such party by the Contract Documents, such parry shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or ,r,~,rar,ce to protect such other parry's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. f [7 5.10. Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence a [1 1 1 I 1 i 1 1 '~] w r 1 u 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 constriction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the Site and shall have authority to act on behalf of CONTRACTOR All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work 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, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if.not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER If required by ENGINEER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. I. CONTRACTOR shall submit to ENGI- NEER. for acceptance (to the extent indicated in P~>~Ph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provi- sions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amend- ment in accordance with Article 12: 6.05 Substitutes and "Or-Equals " A. Whenever an item of material or equipment is specified or described in the Contract Doctuments by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppl[ers may be submitted to ENGINEER for review under the circum- stances described below. 1. "Or-Equal"Items: If in ENGINEER'S sole discretion an item of material or equipmern proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ~~ - 19 - ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, be accomplished without compliance with some or all of the require- ments for approval of proposed substitute items. For the purposes of this paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER'S sole discretion an item of material or equipment proposed by CON- TRACTOR does not qualify as an "or-equal" item under paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to detemune that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone -other than CON- TRACTOR. c. The procedure for review by ENGINEER will be as set forth in paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall fast make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to fiirnish or use. The application shall certify that the proposed substi- tute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result duectly or indirectly fi-om use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the' proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or .procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR- may famish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to '~ detemune that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph b.O5.A.2. , C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.OS.A and 6AS.B. ENGINEER will be the sole judge of accept- ability. No "or-equal" or substitute will be ordered, installed or utilized until ENGINEER'S review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative detemunation. D. Special Guarantee: OWNER may require CON- ,~ TRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee 'or other surety with respect to any substitute. -20- e 1 J w t E. ENGINEER'S Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.OS.A.2 and 6.OS.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute. F. CONTRACTOR 's Expense: CONTRACTOR shall provide all data in suppoit of any proposed substitute or "or-equal" at CONTRACTOR'S expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an .acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or famishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall -21- create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fiumishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or fitmishing any of the .Work to communicate with ENGI- NEER through CONTRACTOR F. The divisions and sections of the Specifications and the identifications of any Drawings shall .not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infi-ingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. B. [f CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear "all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or art~itration or other dispute resoiution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR'S primary -22- responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.03. C. Changes in .Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the- Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent; if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer,. use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas pemutted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should" any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly .settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent pemutted by Laws" and Regulations, CONTRACTOR shall indemnify and hold ham~less OWNER, ENGINEER, ENGINEER'S Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any r 1 i 1 1 y i 1 1 1 1 ~~~ L~J t t f 1 i 1 L 1 I R A such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: . 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and -23- 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, wallcs, pave- ments, roadways, structures, utilities, and. Under- ground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property -from damage, injury, or loss; and shall, erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property refen ed to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'S Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR'S duties and .responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. i 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; i b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals .will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable. ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER'S review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample wish other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a s ors if- ~P P~ is written indication that CONTRACTOR 'has satis- fied CONTRACTOR'S obligations under the Contract Documents with respect to CONTRACTOR'S review ~. and approval of that submittal. 3. At the time of each submittal, CONTRAC- TOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGI- NEER for review and approval of each such variation. E. ENGINEER 's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGIlVEER ENGINEER'S review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work,- conform to, the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER'S review-and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by -24- r the Contract Documents or to safe recautions or h' P programs incident thereto. The review and approval of a separate item as such will not indicate approval of ~' the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ~, ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resu6mittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of convected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific atten.~on in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 1 1 [i 6.18 .Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR 's General Warranty and Guaran- tee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER'S Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maur- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or normal wear and tear under normal usage. -25- B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with-the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; any inspection, test, or approval by others; or ER any correction of defective Work by OWN- 6.20 Indemnification A. To the fullest extent permitted by Laws. and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and- all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim; cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), includ- ing the loss of use resulting therefrom; and 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity y directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity 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 or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor,. Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER'S Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys; Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided m paragraph 10.05. - B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees} proper and safe access to the Site and , a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The- duties and responsibilities. of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER ; and such utility owners and other contractors. ~ C. If the proper execution or results of any part of , CONTRACTOR'S Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER m 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. ARTICLE 7 -OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER'S employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and -26- f7 1 i [l r 1 1 1 7 r 1 3. the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 -OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement ojENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER 8.03 Furnish Data A. OWNER shall promptly fisnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER'S responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders -27- A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER 's Responsibilities A. The OWNER shall not supervise,- direct, or have control or authority over, nor be .responsible for, CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER'S responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to fiunish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER'S obligations under the Contract Documents, OWNER'S responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER 'S Representative A. ENGINEER will be OWNER'S representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visiu 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 1 that has been made and the quality of the various aspects of CONTRACTOR'S executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER'S visits or observations of CONTRACTOR'S Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident. thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will famish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifcations and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, aClaim may '~ be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Conttact Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work 9.07 Shop Drawings, Change Orders and Payments A. ENGINEER will have authority to disapprove or ~ reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design. concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require '~ special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. A. In connection with ENGINEER'S authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER'S authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER'S authority as to Applications for Payment, see Article l4. -28- 9.08 Determinations jor Unit Price Work A. ENGINEER will determine the actual quantities,and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CON- TRACTOR the ENGINEER'S preliminary detemunations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'.s written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 1 1 r t r A 1 t u 1 t i [~ i 9.09 Decisions on Requirements of Contrac[ Documents and Acceptability oJWork A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the, interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ,ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER 's Authority and Responsibilities A. Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority 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 -29- Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies .with the requirements af, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER'S Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR aze unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emer- gency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: A 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.O1.A, (ii) re- quired because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may "be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall cant' on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. L0.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to'the ENGIIVEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price .shall be prepared in accordance with the provisions of paragraph 12.O1.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event The opposing parry shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER 's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the -last submittal of the opposing party, if any. ENGINEER'S written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER'S decision is taken within the rime limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.O5.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UMT PRICE WORK w 1 1 A t 1 1 1 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of-all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because -30- of the event giving rise to the Claim. Except as otherwise ties, surveyors, attorneys, and accountants) employed may be agreed to in writing by OWNER, such costs shall be for services specifically related to the Work. in amounts no higher than those prevailing in the locality of ~; the Project, shall include only the following items, and shall 5. Supplemental costs including the not include any of the costs itemized in paragraph 11.O1.B. following: 1. Payroll costs for employees in the direct a.The proportion of necessary transportation, employ of CONTRACTOR in the performance of the travel, and subsistence expenses of CONTRACTOR'S Work under schedules of job classifications agreed employees incurred in discharge of duties connected upon by OWNER and CONTRACTOR. Such with the Work. employees shall include without limitation superinten- dents, foremen, and other personnel employed full b. Cost, including transportation and mainte- time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned nance, of all materials,. supplies, equipment, machinery, appliances, office, and temporary facilities on the basis of their time spent on the Work. Payroll at the Site, and hand tools not owned by the workers, costs shall include, but not be limited to, salaries and which are consumed in the performance of the Work, wages plus the cost of fiinge benefits, which shall and cost, less market value, of such items used but not include social security contributions, unemployment, consumed which remain the property of CON- excise, and payroll taxes, workers' compensation, TRACTOR health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The c. Rentals of all construction equipment and expenses of performing Work outside of regular machinery, and the parts thereof whether rented from working hours, on Saturday, Sunday, or legal CONTRACTOR or others in accordance with rental holidays, shall be included in the above to the extent agreements approved by OWNER with the advice of authorized by OWNER ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal there- 2. Cost of all materials and equipment fur- Wished and incorporated in the Work, including costs of. All such costs shall be in accordance with the terms of-said rental agreements. The rental of any of transportation and storage thereof, and Suppliers' such equipment, machinery, or parts shall cease when field services required in connection therewith. All the use thereof is no longer necessary for the Work. cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with d. Sales, consumer, use, and other similar which to make payments, in which case the cash taxes related to the Work, and for which CONTRAC- discounts shall accrue to OWNER. All trade dis- counts, rebates and refunds and returns from sale of TOR is liable, imposed by Laws and Regulations. surplus materials and equipment shall accrue to e . Deposits lost for causes other than negli- OWNER, and CONTRACTOR shall make provisions gence of CONTRACTOR, any Subcontractor, or so that they may be obtained. anyone directly or indirectly employed by any of them or for whose acts ~ any of them may be liable, and 3. Payments made by CONTRACTOR to royalty payments and fees for permits and licenses. Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRAC- f. Losses and damages (and related expenses) TOR shall obtain competitive bids from subcontrac- caused by damage to the Work, not compensated by tors acceptable .to OWNER and CONTRACTOR and insurance or otherwise, sustained by CONTRACTOR shall deliver such bids to OWNER, who will then in connection with the performance of the Work determine, with -the- advice of ENGINEER, which (except losses and damages within the deductible bids, if any, will be acceptable. If any subcontract amounts of property insurance established in provides that the Subcontractor is to be paid on the accordance with paragraph 5.06.D), ,provided such basis of Cost of the Work plus a fee, the losses and damages have resulted from causes other Subcontractor's Cost of the Work and fee shall be than the negligence of CONTRACTOR, any determined in the same manner as CONTRACTOR's Subcontractor, or anyone directly or indirectly Cost of the Work and fee as provided in this paragraph employed by any of them or for whose acts any of `11.01. them may be liable. Such losses shall include settlements made with the written consent and 4. Costs of special consultants (including but approval of OWNER. No such losses, damages, and not limited to engineers, architects, testing laborato- _ 3 1 - 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. 1 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.O1.A and i 1.01.B. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost- of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds- and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or iri CONTRACTOR'S principal or branch office for general administration of the Work and not specifical- ly included in the agreed upon schedule of job classifications referred to in paragraph 11.Oi.A.l or specifically covered by paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Cosu due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly 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. C. CONTRACTOR 's Fee: When all the Work is performed on the basis of cost-plus,- CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTDR's fee shall be determined as set forth in paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.O1.A and 11.O1.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. ~, 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER CONTRACTOR agrees that: 1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR'S costs for unloading and handling on the Site, labor, installation costs, over- head, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for addi- tional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Rork 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 -32- i estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by .CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in -the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no conesponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change ojContract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. 'The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph l 1.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is -not reached under para- graph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.O1.C). C. CONTRACTOR'S Fee: The CONTRACTOR'S fee - for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.O1.A.1 and 11.O1.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.O1.A.3, the CONTRACTOR'S fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.O1.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor, d. no fee shall be payable on the basis of costs itemized under paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR'S -fee by an amount equal to five percent of such net decrease; and - 33 - f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with para- graphs 12.O1.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of. them, for damages arising out of or resulting from: r I A. The Contract Times (or Milestones) may only be changed by a. Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be deternuned in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perform- ing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR 's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR Delays attributable to and within- the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.05 Delays Beyond OWNER 's and CONTRACTOR'S Control A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the tune lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control -of both OWNER and CONTRACTOR including but not limited to fires,- floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 1 1 1 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANC)/ OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER'S Consultants, other representatives and personnel of OWNER, independent testing laboratories, and govenvnental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. -34- B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections; tests, or approvals, pay all costs in connection therewith, and famish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay- all costs in connection with any inspections, tests, or approvals required for OWNER'S and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed- by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR'S expense uriless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. '~ i 3.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. ~1 I B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attribut- able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portidh thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal ojDefective Work A. CONTRACTOR shall correct all defective Work, whether or -not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such convection or removal (including but not limited to all costs of repair or replacement of work of others). -35- inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the. Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CON- TRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRAC- TOR. 1. Ten days after presentation of the Applica- tion for Payment to OWNER with ENGINEER'S recommendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 4. Neither ENGINEER'S review of CONTRACTOR'S Work for the purposes of recom- mending payments nor ENGINEER'S recommenda- tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR'S failure to comply with Laws and Regulations applicable to CONTRACTOR'S performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 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 representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER fi-om loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or . d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due I. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR'S performance or famishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.S.a through 14.02.B.S.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining 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, when CONTRACTOR corrects to OWNER'S satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER'S refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14 03 CONTRACTOR'S R'arranty of Title . A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. -38- 1 1 1 t 1 1 L~ 1 1 1 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall. make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers tl.e Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a defmitive certificate ~ of Substantial Completion (with a revised tentative list of. items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR awritten recommendation as to division of responsibili- ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until fmal payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGI- NEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certifi- cate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substan- tially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply _ with respect to certification. of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are -39- ~l necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all. corrections identified during the final inspection and has delivered, in accordance with the Contract Docu- ments, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates o,f inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRAC- TOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Docu- ments, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) con- sent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Lien., filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (-i) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify -OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER'S observa- tion of the Work during construction and final inspec- tion, and ENGINEER'S review of the final Applica- tion 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 Con- tract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application ' for Pa ent indicate in writin ENGINEER S Ym g recommendation of payment and present the Applica- tion for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicat- ing in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR -shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWN- ER ofthe Application for Payment and accompanying documentation, .the amount recommended by ENGI- NEER will become due and, when _due, will be paid by OWNER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confums, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it .shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will wnstitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and 1 1 1 fl 1 1 1 [I 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously. made in writing which are still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 1.5.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following _ events will justify termination for cause: 1. CONTRACTCR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR'S disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR'S disregard of the author- ity of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of 'the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude. CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR'S services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work execut- ed in accordance with the Contract Documents prior to the effective date of temunation; including fair and reasonable sums for overhead and profit on such Work; 2. .for expenses sustained prior to the effective date of termination in perfomvng services and fiu- nishing labor, materials, or equipment as required by the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and al] court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and -41 - 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 17 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business .address known to the giver of the notice. 1 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER, do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping the Work as permitted by this paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.0 l Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER-and CON- TRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the fast and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Cortract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations J A. Al] representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive '~ final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. ~' ~~ - 42 - [i SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements. modify, change from, or add to the "Standard General Conditions of the Construction Contract", EJCDC 1910-8, (1996 edition). All unaltered provisipns of the General Conditions shall remain in effect. ARTICLE 1 - DEFINITIONS-AND TERMINOLOGY 1.01 A.28. NOTICE OF AWARD AND 1.01 A.29 NOTICE TO PROCEED -Add the following to each definition: If requested by the OWNER, both the Notice of Award and Notice to Proceed will be issued by the ENGINEER. 1.01 A.43. SUBSTANTIAL COMPLETION - Add the following to its definition: Substantial Completion of work shall be evidenced by the submittal and approval of record drawings, bacteriological results and having a punch list of items developed.~The CONTRACTOR shall take this requirement into proper account when developing a proposed project schedule. In general, substantial completion is defined by the ability of the OWNER to use all features of the new facilities for their intended purpose, as defined by the ENGINEER. ARTICLE 2 - PRELIMINARY MATTERS 2.02 COPIES OF DOCUMENTS: Delete in its entirety and substitute the following: All copies of documents necessary for the execution of the Work will be furnished to the CONTRACTOR at the Engineer's normal rate for reproduction. The CONTRACTOR shall bear all costs for the documents requested. Only full sets of plans and specifications will be issued. Documents will not be made available to the Contractor electronically. 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: Delete in its entirety and substitute the following: 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. 2.05 BEFORE STARTING CONSTRUCTION: Add the following to Section 2.05 A.: SGC -1 02-126.2 Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner and shall expose the CONTRACTOR for all costs associated with, or caused by, the conflict, error, ambiguity or discrepancy. Add the following to Section 2.05: D. The CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where required, approved shop drawings or Product Data for such portion of the Work. E. By executing the Contract,-the CONTRACTOR represents that he has visited the site, reviewed available plans of existing facilities, 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. Add the following to Section 2.05 B.3.: The schedule of values shall be broken down in sufficient detail, and by appropriate categories, to allow the proper distribution of project costs and is subject to acceptance by the ENGINEER. An extremely detailed schedule will b'e required. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Add the following to Section 3.01: D. Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner. If, during the performance of the Work, the CONTRACTOR finds an error or discrepancy between the specifications and the drawings, the specifications shall govern over the drawings. If the drawings disagree in themselves, figures shall govern over scaled measurements, large scale drawings shall govern over small scale drawings, the greater quantity of work or materials shall be furnished. or performed; descriptive writings shall govern over legends indicating material or conditions and the Agreement takes precedence over all other contract documents. ARTICLE 4 - AVAILABILITY OF LANDSf SUBSURFACE AND PHYSICAL CONDITIONSf REFERENCED POINTSz Section 4.02 A.1. Delete in its entirety. The CONTRACTOR shall have full responsibility with respect to determining subsurface conditions at the site. Add the following to Section 4.02 B.: SGC-2 - ~ 02-126.2 4.02 B.4. any technical data which has not been confirmed by the CONTRACTOR with the OWNER and ENGINEER to be a reasonable representation of accurate and authentic record information. Delete Section 4'.04 B. and insert the following: Existing utilities and structures are shown on the drawings in accordance with Section 01019, .General Requirements, Paragraph 1.01. ARTICLE 5 - BONDS AND INSURANCE 5.01 A. PERFORMANCE, PAYMENT AND OTHER BONDS: ~` Delete the first sentence and substitute the following: CONTRACTOR shall furnish performance and payment bonds, each in an amount equal to 100% of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under-the Contract documents. The bonds shall comply with the requirements of Florida Statutes Section 255.05. All bonds shall be supplied on the forms provided in the bid documents. 5.01 B. Add the following: The CONTRACTOR shall record all performance and payment bonds in the County where the work is to be performed and provide evidence of such recording to the ENGINEER. No work shall be performed-until this requirement is satisfied. 5.04 CONTRACTOR'S LIABILITY INSURANCE: Add the following: C. The limits of liability for the insurance required by Paragraph 5.04 shall provide coverage for not less than the following amounts. ' Compensation: 1. Workers a. State Statutory b. Applicable Federal (e.g. Longshoreman's). Statutory c. Employer's Liability $ 100,000 2. Commercial General Liability: (Including Premises & Operations: All Risk Owners & Contractor's Protective; Broad Form Property Damage) a. Bodily Injury & Property Damage: Each Occurrence $1,000,000 SGC - 3 02-126.2 Aggregate $2,000,000 Product's & Completed Operations Aggregate $2,000,000 b. Personal Injury: $2,000,-000 c. CU coverage, remove exclusion (yes) d. Contractual (yes) 3. Comprehensive Automobile Liability: (owner-leased-non-owned & hired) a. Bodily Injury & Property Damage: Each Occurrence $1,000,000 (or) b. Bodily Injury: Each Person $1,000,000 Each Occurrence $1,000,000 Property Damage: Each Occurrence $1,000,000 D. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insured on CONTRACTOR'S General Liability Policy. Add the following names: OWNER - Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, FL 33469 ENGINEER - ARCADIS Reese, Macon and Associates, Inc. and their employees 6415 Lake Worth Road, Suite 307 Lake Worth, Florida 33463-2907 The additional liability coverage for the ENGINEER is not to be construed as to requiring, in any way, that either the OWNER or CONTRACTOR be obligated to supply insurance protecting the ENGINEER for its liability emanating from professional errors or omissions. E. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for the CONTRACTOR's promises are: SGC-4 02-126.2 1 i 1 1 1 u 1. One dollar .($1.00) in hand paid by the OWNER, the ENGINEER, and the ENGINEER's employees to the CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which the CONTRACTOR accepts as completely fulfilling the obligations of the OWNER, the ENGINEER, and the ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; 2. The entry of the OWNER and the CONTRACTOR into the construction contract because, but for the CONTRACTOR's promises as contained in the General Conditions, the OWNER would not have entered into the construction contract with .the CONTRACTOR. 5.06 PROPERTY INSURANCE: Delete 5.06 A in its entirety and insert the following: A. Unless otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain property insurance upon the Work and stored material on the site at the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary General Conditions or as required by law). This insurance shall include the interests of the Owner, Contractor and Subcontractors in the Work, shall insure against the perils and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, damage and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary General Conditions, and shall include damages, losses and expenses arising out of, or resulting from, any insured loss or any loss incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If nat covered under the "all risk" insurance or otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by the Contractor in accordance with paragraphs 5.06 A and 5.06 B shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty day's prior written notice has been given to the Owner. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the .following to Section 6.01 A.: The Contract Documents are intended to communicate the nature of the design, concept and scope of the Work. The CONTRACTOR shall be responsible for the construction and coordination of the parts and all systems shall be complete, compatible and fully functional without additional cost, to the standard of the industry, as defined by the ENGINEER, or better, as may be set forth in these documents. In the i SGC - 5 02-126.2 LJ event that an agent or other representative of the OWNER approves the installation or erection of any item of material and the CONTRACTOR concludes the same is not fabricated in a good, workman-like manner, the CONTRACTOR shall forthwith advise the OWNER and ENGINEER thereof in writing. Delete the last sentence prior to subheading "A" in Section 6.05 A.1. and replace with-the following:. For purposes of this paragraph 6.05 A. 1, a proposed item of material or equipment may be considered functionally equal to an item if: Add the following to Section 6.05 A.1.: In general, "or equal" items will not be considered unless the drawings or specifications specifically state, "or equal" in the description of the particular item of equipment or material.- Add the following to Section 6.05 A.2.c.: Any requests for the use of substitute items shall be made within 30 days of the. effective date of the Agreement. The substitution procedure shall be as set forth in Section 01019, General Requirements. Section 01019, General Requirements may also further limit the items for which substitutions will be considered. For any provisions of Section 01019, General Requirements, related to substitutions which are in conflict with Section 6.05 A.2.d., the criteria set forth in Section 01019 General Requirements, shall take precedence. Delete Section 6.05 B. in its entirety. Add the following to Section 6.06 B.: Subcontractors named on the proposal form shall not be changed by the CONTRACTOR unless specifically requested per the above by the OWNER or ENGINEER. Any subcontractor change prior to award shall follow the procedure set-forth in the Instructions to Bidders. Add the following to Section 6.08: The OWNER shall to secure the necessary permits for the construction of this project from Palm Beach County Engineering (R/W) , the Palm Beach County Health Department and the FEC Railroad. The CONTRACTOR shall be responsible for acquiring all other necessary construction permits/occupational licences related to this project. Section 6.12.: Delete the last sentence and substitute the following: These shall be available to the ENGINEER for examination and shall be delivered to ENGINEER for OWNER prior to, and as a partial condition of, Substantial Completion of the Work.- 6.21 Add the following: SGC-6 02-126.2 1 1 The CONTRACTOR shall reimburse the OWNER for the total cost of all services rendered by the ENGINEER when made necessary by any, or all, of the following: A. Acceleration of the work schedule. B. Work-not within normal working hours (8 A.M. to 5 P.M.) weekdays, excluding Village observed holidays. C. Default by the CONTRACTOR or any subcontractor. D. Failure to complete the project, either substantial completion or .final completion, or both, within the time frames stipulated by these documents, plus any ENGINEER approved time extensions . Note that any such costs are in addition to any liquidated damages for which the CONTRACTOR may be exposed. E. Work damaged by fire or other causes during construction. ARTICLE 9 - ENGINEERS STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: Delete the first sentence and substitute the following: 1 If the OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the construction period. ARTICLE 12 - CHANGE OF CONTRACT PRICEf CHANGE OF CONTRACT TIMES: Add the following to Section 12.01 B.: 4 . In the event that the CONTRACTOR encounters field conditions which create a need to alter the plans or specifications and induce a need for a Change Order (as agreed to by the OWNER and ENGINEER and in satisfaction of other applicable criteria set forth herein. related to acceptance and approval of Change Orders) the OWNER reserves the right to not approve the Change .Order . In this -event the OWNER will correct the field condition giving rise to the need for a Change Order, or otherwise eliminate the need, with their own or other forces. Should this occur, the CONTRACTOR shall coordinate their field activities with the OWNER to accommodate this work. Add the following to Section 12.04 A.: All equipment and/or material delivery and subcontractor or supplier performance (ie. , efficiency, etc. ) shall be considered to be within the control of the CONTRACTOR. No time extension shall be granted for delays due to equipment and/or material manufacturing, delivery, or failure to perform according to the contract . No time extension shall be granted unless the CONTRACTOR can demonstrate with the agreement of I~ SGC- 7 02-126.2 the ENGINEER that the original critical path requires or would have required, modification. Add the following to Section 12.06 A: For purposes of this Section, damages shall include all costs to the CONTRACTOR for maintaining a presence on the job site or other "office costs". These costs are generally referred to as "General Conditions" costs. In essence, any agreement to increase contract times due to delays beyond the control of the CONTRACTOR will include only an extension of time and not costs attributable to said time extension. ARTICLE 13 - TEST AND INSPECTIONSf CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Delete paragraph 13.03 and insert the following: The cost of all inspections, tests, re-tests, certifications and approvals required by the Contract Documents shall be paid by the CONTRACTOR. All such tests and inspections shall- be performed by an independent testing laboratory. The laboratory .shall be subject to the acceptance of the ENGINEER.. All re-testing requested by the ENGINEER shall be paid for by the CONTRACTOR. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 A.1. APPLICATION FOR PROGRESS PAYMENTS: Delete the first three words of the first sentence and insert the following: At least 30 ..... Delete from the second sentence "by a bill of sale, invoice or other documentation". Insert "by documentation in accordance with Section. 01150, Measurement and Payment". 14.02.C.: Delete the first two words and replace with following: "Unless stipulated to the contrary in Section 01150, Measurement and Payment, twenty-five"... Add the following to Section 14.07 A.. 4. Before final payment, the CONTRACTOR shall submit executed copies of the release forms (pages SGC-10, 11 & 12) releasing the OWNER and the ENGINEER of the obligations as described on the form. The CONTRACTOR shall also provide an executed and notarized affidavit with the final pay request which stipulates that all vendors, suppliers and subcontractors have been paid in full. Before final payment, the CONTRACTOR shall supply final releases of lien as set forth herein ._ SGC-8 02-126.2 1 1 1 t 1 i i t ARTICLE 16 - DISPUTE RESOLUTION Add the following to Section 16.01 B. This agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The parties to this agreement stipulate venue and jurisdiction for any litigation arising out of this agreement to be in the Circuit Court in and for Palm Beach County, Florida. SGC-9 02-126.2 RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges ARCADIS Reese, Macon & Associates, Inc., its officers, directors, employees and agents, hereinafter collectively referred to as "ENGINEER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against ENGINEER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Village of Tequesta - Raw Water Main Construction in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta and Drawings and Specifications prepared by ENGINEER. CONTRACTOR r~ 1 STATE OF FLORIDA By. SS. COUNTY OF Palm Beach I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared to me-known to be the person described in and who executed the foregoing instrument and has acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state aforesaid. this day of 2004. NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) 1 My commission expires: SGC-10 02-126.2 1 RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges the Village of Tequesta, its officers, directors, employees and agents, hereinafter collectively referred to as "OWNER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against OWNER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Village of Tequesta - Raw Water Main Construction in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta. CONTRACTOR By: STATE OF FLORIDA ) SS. COUNTY OF Palm Beach I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument and has acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state aforesaid this day of 2004. NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: f SGC -11 02-126.2 n 1 SECTION 01019 GENERAL REQUIREMENTS 1.01 EXISTING UTILITIES AND STRUCTURES: The existing utilities and facilities shown on the drawings were located from the Owner's and other. records . Guaranty is not made that all existing facilities are shown or that those shown are entirely accurate . The Contractor shall assure himself of any utilities, structures or facilities prior to performing any Work. Prior to the start of Work, the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity. The Owner and the Engineer will assume no liability for damages sustained or costs incurred because of the Contractor's operations in the vicinity of existing utilities or structures. The Contractor shall notify the Engineer of any deviation between existing conditions and the drawings. 1.02 PRESERVING WATER QUALITY: The Contractor shall exercise extreme care to minimize degradation of water quality at the site. All necessary provisions shall be taken to insure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 17-3, Florida Administrative Code, and in particular, the requirements that turbidity shall not exceed 29 Nephelometric Turbidity Units above background level. The waters of the project area are classified Class II/III. Adequate silt containment procedures and equipment shall be used to control turbidity at all times at no additional expense to the Owner. 1 t 1.03 SALVAGED MATERIAL: Unless otherwise stated or noted on the drawings, all materials salvaged under this contract shall become the property of the Contractor. Salvaged materials may not be reused in the Work except upon written approval of the Engineer. All salvaged materials not reused shall be removed from the site of the Work or otherwise disposed of by the Contractor in a manner satisfactory to the Engineer. 1.04 LIST OF DRAWINGS: The work shall conform to the following drawings which form a part of the Contract documents. Sheet No. Title 1 Title sheet 2 Notes & Legend 3 thru 8 Plan & Profile 9 Details 10 Jack & Bore Sections 01019-1 02-126.2 L~ 1.05 SUBSTITUTIONS: A. Substitutions will not be permitted on any items specified herein or identified on the drawings where two or more manufacturers have been named unless they are followed by the words "or equal". Substitutions will also not be considered on any specified items whenever they are followed by the words "no substitutions". All substitution requests must be made in writing to the Engineer within fifteen days of the Contract Date. B. Submit five copies of request for substitution. Include in request: 1. Complete Data substantiating compliance of proposed substitution with Contract Documents. 2. For Products: a. Product identification, including manu- fac turer's name and address. b. Manufacturer's literature: (1) Product description. (2) Performance and test data. (3) Reference standards. c. Samples. d. Name and address of similar projects on which product was used, and date of installation. 3. For construction methods: a. Detailed description of proposed method. b. Drawings illustrating .methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts. 7. Accurate cost data on proposed substitution in comparison with product or"method specified. 1.06 WATER: The Contractor shall provide and maintain, an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary connections and piping for same, at his own expense, but only at such locations and in such manner as may be approved by the Engineer. All water connection points shall be equipped with a Contractor supplied reduced pressure principle type backflow preventer and Village supplied temporary meter. The meter shall be obtained from the Village at the Contractor's expense. Both devices shall be installed according to Village standards. Prior to final acceptance, temporary connections and piping installed by the Contractor shall be removed and the area 01019-2 02-126.2 restored in a manner satisfactory to the Engineer. 1.07 ELECTRICITY: All electrical current required by the Contractor shall be furnished at his own expense . All temporary connections -for ' electricity shall be subject to the approval of the Engineer. All temporary lines shall be furnished, installed, connected and maintained by the Contractor in accordance with all applicable codes and shall be completely removed (with the affected area restored) by the contractor prior to substantial completion. 1.08 SANITARY FACILITIES:. The Contractor shall provide temporary. restroom facilities for field crews. Existing Owner facilities and other Contractor's facilities on site are not available for use by. the Contractor. 1.09 SAFETY PRECAUTIONS: The Contractor shall educate all field and supervisory personnel regarding standard safety practices and first aid. 1 1.10 WORKING HOURS: All work on this contract shall be conducted during normal working hours (Monday - Friday, 8 A.M. to 5 P.M.) on weekdays unless specifically authorized by the Engineer and the Contractor agrees to the conditions stipulated in the Supplemental General Conditions under Article 6.35. No work will be permitted on weekends and Owner observed holidays, except as noted above. 1.11 MOBILIZATION: Prior to the Contractor mobilizing on site, the Village of Tequesta Water Department and Police Department shall be notified of the type of equipment and number of personnel that is to be mobilized. The Contractor will also be required to obtain a license/permit from the Village prior to mobilization. All Village permit fees are waived. 1.12 ASSEMBLIES OR UNITS: Where the Contractor is required to furnish and install an assembly or unit, the Contractor shall furnish all component parts as required by the manufacturer of the unit. l~ I 1.13 ACCESS TO AND AROUND THE WORK SITE: The Contractor may use only the Owner designated access areas around the work site. The Contractor shall be responsible for maintaining, protecting and restoring the routes to-the satisfaction of the Owner and Engineer. The Contractor is responsible for ensuring that all vehicles and equipment remain within the described work areas. 1.14 SECURITY: The Contractor shal safety and security of the work and 1 be fully responsible for the staging area. 01019-3 02-126.2 Any temporary measures required to maintain the security of the area shall be the Contractors responsibility. 1.15 FAMILIARITY WITH LAWS: The Contractor is assumed to be in compliance with and familiar with all federal, state and local- laws, ordinances, rules, codes and regulations that may in any manner affect the work. Failure to familiarize themselves with applicable laws,. etc., shall in no way relieve the Contractor from responsibility. 1.16 PROGRESS SCHEDULES: The Contractor shall be required to prepare a monthly update bf the project schedule prepared pursuant to Article 2.6.1 of the General Conditions and submit four (4) copies to the Engineer. The updated schedule shall be submitted with each pay request. Pay requests received without the updated schedule will not be processed. 1.17 STANDARDS: All work performed on this project shall be in accordance with the village of Tequesta and other applicable standards. All conditions, as set forth in the respective permits shall be satisfied and adhered to by the Contractor. 1.18 STAGING AREA: All construction trailers and equipment storage- shall occur only within the project area as approved by the Village/Engineer. All additional Contractor parking/staging will be required to be off-site due to limited space. The Contractor may be able to utilize some space for staging within the Village water treatment plant site. 1.19 PERMITS: The Contractor shall be responsible for reviewing the ' permits and ensuring that all construction activities are in full compliance with the permit conditions. 1.20 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: where pavement, trees, shrubbery, fences or other property or surface structures not designated as pay items, have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. 1.21 SPECIAL CONSIDERATIONS: 1. Noise: The Contractor is advised that the construction site is in close proximity to a residential area. All engines used 01019-4 ~' 02-126.2 during construction shall be equipped. with critical grade ' mufflers. 2. Village/County/State Standards: All work on this project shall be in accordance with Village/County/State Standards. Where the Standards conflict, District Standards shall control. the work ti l b i i ng nspec e l 3. Project Inspection: The Engineer w on a non-full time basis. The Contractor shall provide appropriate notice of need for inspections and allow time for scheduling. No work shall be covered up, nor test results accepted unless witnessed by the Engineer. Inspections by the Engineer shall not be performed in lieu of other inspections required by Village, County, State or Federal requirements. 4. Existing Facilities: The construction drawings do not show all existing piping, valving, electric conduit, telephone lines which may interfere with this construction. Considerable hand digging may be required.-The size, location and material of existing facilities which are being connected to in this project shall be field confirmed prior to submitting shop drawings or ordering materials. 1.22 VIDEO TAPING: The Contractor, in the presence, and to the satisfaction, of the Engineer, shall video tape all areas of construction, staging, etc. The video shall be provided to the Engineer in VHS format, prior to any site mobilization. ' 1.23 MATERIALS: All materials used on the project. which are in contact with potable water directly or indirectly, (including raw piping, chemicals, piping or tanks, etc . ) shall be NSF 60/61 approved for contact with potable water and acceptable to agencies with jurisdiction. It shall be the Contractor's sole responsibility to ensure and confirm that all materials used on this project comply with this requirement. 1.24 DISPOSAL OF EXCAVATED MATERIALS AND DEBRIS: All excess excavated material and debris not required for backfill (unless otherwise noted), broken pipe, sidewalks, curbs and other concrete items, together with all roots, boards and other debris are to be disposed of by the Contractor at an appropriate legal site. 1.25 PROTECTION AND RESTORATION OF SURVEY MONUMENTS: .The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, 1/4 section corners, property corners or block control points, and for maintaining all horizontal and vertical control points. All surveying work shall be 01019-5 02-126.2 the responsibility of the Contractor and shall be performed under the supervision of a Florida Registered Land Surveyor. Survey points that ' will be destroyed during construction-shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the Engineer. 1.26 EQUIPMENT: All construction equipment necessary and required for the proper construction of this project shall be on the construction site, in first-class working condition, and shall have been approved by the Engineer before construction is permitted to start. -The Contractor shall provide such tamping tools and equipment as ' necessary for the proper compaction of the backfill. 1.27 ALTERNATE BID ITEMS : The Contractor shall provide unit costs for the alternate bid items within the proposal. 1 1 1 01019-6 02-126.2 SECTION 01150 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 GENERAL: Measurement and payment will be based upon Work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, backfilling, leakage tests, filling/flushing of pipeline, surveying/record drawings, permits, dewatering, videotaping, density tests or other incidental items of Work not shown in the Agreement or listed in the proposal. 1.02 EQUIPMENT AND MATERIALS IN STORAGE: Partial payment for materials and equipment in proper storage at the approved storage site of the Work will be made for those items for which the Contractor has submitted the following: A. Invoice for each item in storage. The invoice shall not exceed the value of the item stored as determined by the amount paid to the manufacturer. B. List of items in storage. C. With the following pay estimate, Release of Liens for 90% of each item listed as stored materials for the previous pay estimate. Any item for which a 90% Release of Lien is not supplied shall be considered as having been removed from the site. 1.03 MEASUREMENT (Raw Water Transmission Main): A. Pipe, Water Main: Pipe will be measured along the centerline of the pipe installed. No deduction will be made for the length of valves and fittings installed in the line. Where the.- - measurement terminates at a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of i termination. All connections to existing mains and magnetic marker tape shall be included in this unit price unless otherwise noted. i b h B. s as e PVC Fittings: Measurement of PVC fittings shall be on t of each type of fitting supplied as denoted in the Unit Bid Price Schedule. No separate payment shall be made for fittings not listed in the Unit Bid Price Schedule. C. Air Release Valves: Air release valves shall include the valve, ' pipe, manhole/valve box and appurtances required as shown on the plans. D. Sod or Seed/Mulch: Measurements shall be based upon the number of square yards of each type of sod/seed and mulch completed and 0115 0 -1 02-126.2 accepted under the terms of the contract except that the maximum width to be used in the computation shall be fifteen (15) feet. Payment shall include all necessary soil preparation-and sod ' (pegged as required) . E . Valves and Valve Boxes : Measurement -shall be on the basis of , furnishing and installing each type of valve (tapping saddle and valve if applicable) and size of valve required including the valve box. F. Sampling Points:, Sample points shall include valves, pipe and -- fittings as shown on the plans . This item shall also include the bacteriological testing of th main. G. Asphalt Restoration: The number of square yards of asphalt will be computed using the mean width of replacement multiplied by , the mean length, except that the maximum width to be used in the computation shall be ten (10) feet. The unit cost shall include, but not be limited to, placement of base/sub base, compaction, density tests, base preparation, asphalt, striping (if required) and curbing (if required) . Payment shall be made at the appropriate unit price for the section as shown on the details. ' H. Shell/Rock Road Restoration: The number of square yards of shell/rock shall be computed as defined under the asphalt restoration item. I. Directional Bore: Pipe will be measured along the centerline of the pipe installed. For directional bores, it will be the total length of the pipe installed, except that the maximum length to be used can not exceed the bid quantity by 125 percent. J. Jack and Bore: The crossing shall include the casing and carrier pipe, pipe spacers, casing seal material and other appurtenances required for the jack and bore installation. The. pipe installed shall be measured along the centerline of the pipe installed, except that the maximum length shall not exceed the road width plus 16-feet. K. Sidewalk Restoration/Installation: Measurement for paver type sidewalks shall be on a square yardage basis, with the concrete sidewalk (5 ft. wide) on a linear footage basis. The unit cost, shall include their complete removal, layout, densities, formwork and steel for a complete concrete/paver walkway. L. Relocate Palm Tree: Measurement shall be based upon the complete removal and re-installation of the trees noted on the plans. The Contractor will be responsible for watering the trees as required to ensure growth. M. Alternate Bid Items: 01150-2 02-126.2 , i i 1. Directional Bore : The Contractor shall provide a unit cost to install directional bores at the locations stated. Measurement shall be based upon the description under Item I above. 1 . 04 ALTERNATE BID ITEMS : The Contractor will provide a unit cost for the Owner to consider installing directional Bore main installations in lieu of jack and bores as shown, on the plans. 1.05 PAYMENT: Payment will be made at the respective contract unit. and/or lump sum price-for each item shown in the Agreement, stored and/or installed and accepted, which price and payment shall-constitute r full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto The following schedule shall be adhered to: A. .15th of the Month - Cut off date/Review Quantities with Inspector ' B. 20th of the Month - Pay estimate to the Engineer C. 25th of the Month - Pay estimate to Owner D. 10th of the following Month - Payment by Owner ' No separate payment shall be made for the following: 1. Backfill material 2. Dewatering 3. Pipe marker tape/electronic marker 4. Sprinkler system repair/replacement ' S. Preparation of record drawings 6. Restoration of damaged surfaces, structures, curbing and property. 7. Removal of excess excavated material from the project area. 1 8 . Mechanical Joint Restraint Systems (to be included in unit cost of fittings) . 9. Temporary Driveway Patch Material 10. Crushed Rock 11. Grading of project areas to existing conditions within project areas. 12. Storm sewer and drainage structure repair/replacement. 13. Gate/Fencing Removal and Replacement 14. Clearing and Grubbing 15. Video Tape of Project Areas 16. Landscape (Hedges/Trees) Removal and Replacement (except where noted on plans. 17. Mailbox repair/replacement 18. Testing and pigging mains, 1.06 LUMP SUM ITEMS: The Contractor shall be responsible for submitting a schedule of values for the lump sum items defined within this contract prior to the submittal of the first pay request. 1.07 PAY ESTIMATE FORMS: The Engineer will supply a pay estimate form for the Contractor to use for submittal. The Contractor shall make copies to be used for submittal of the following pay estimates . Failure of the Contractor to sign the pay estimate or attach 01150 -3 02-126.2 appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. ~ 1.08 PROJECT SCHEDULE; An updated project schedule shall be submitted with each pay request. Pay requests submitted without an updated schedule will not be processed until it is received. n L~ 1 J 01150-4 02-126.2 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: The types of submittals controlled by these general requirements include shop drawings, operation and maintenance manuals, instruction manuals, samples, and miscellaneous work-related submittals. The individual submittal requirements are specified herein-and in applicable sections for each unit of work. Other submittals as specified in other sections shall follow the requirements of those .sections. 1.02 GENERAL SUBMITTAL REQUIREMENTS: Coordination and Sequencing: The Contractor shall coordinate preparation and processing of submittals with performance of the work so that the work will not be delayed by submittals. The Contractor shall allow for adequate review time by the Engineer for the submittals. The Contractor shall coordinate and sequence different categories of submittals for the same work, and for interfacing units of work, so that one will not be delayed for ' coordination with another. No extension of time will be allowed because of failure to properly coordinate and sequence submittals. Preparation of Submittals: Provide permanent marking on each submittal ' to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals . The marking system used shall be as required by the Engineer. Each ' submittal shall clearly state where the item is to be installed. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through Contractor's office will be returned without action. All results of testing by independent labs or agencies shall be submitted to the Engineer. This shall include both passing and failing tests. ' 1.03 SPECIFIC CATEGORY SUBMITTAL REQUIREMENTS: General: Except as otherwise indicated in individual work sections, comply with general. requirements specified herein for each indicated category of submittal. ' 1.04 GENERAL SHOP DRAWING REQUIREMENTS: As soon as practicable and within forty five (45) days after the Notice to Proceed, the Contractor, in conformance with the conditions of the contract, shall submit to the Engineer for approval, five (5) copies (note that three (3) sets will be returned to the Contractor) of all required shop drawings. The Contractor shall submit newly prepared information: do not reproduce contract documents or copy standard printed information as basis. of shop drawings. Prepare on reproducible sheets, not less than 8-1/2 in. x 11 in. and not larger than 24 in. x 36 in. , except for 1 actual pattern or template type drawings. Prepare shop drawings to accurate scale, except where other form is indicated as acceptable. Show dimensions and note which are based on field measurements, identify materials and products in the work shown. Indicate name of 01300-1 03-160 1 firm which has prepared each shop drawing, and provide appropriate project identification. Shop drawings submitted to the Engineer for his approval shall first be checked and approved by the Contractor, as indicated by a stamp marked "Checked and Approved" on each copy of the shop drawing. Shop drawings received without the Contractor's "Checked and Approved" stamp will be returned without further action. The Contractor will receive only one marked up return copy of any drawings stamped. "Not Approved" or "Revise and Resubmit". Shop drawings shall be submitted for the following: 1. PVC Pipe 2. PVC Fittings 3. Casing Pipe 4. Valves 5. Any other items requested by the Engineer Product Data: Collect required data into one submittal for each unit of work or system; and mark each copy to show which choices and options are applicable to the project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and'seals, notation of field measurements which have been checked, and special coordination requirements. Maintain one set of product data for each submittal at the project site, available for reference by the Engineer. For purposes of this submittal, manufacturer's fabrication drawings shall be synonymous with shop drawings. The Contractor shall not submit product data or allow its use on the project, until compliance with requirements of the contract documents has been confirmed. Submittal is for information and record, unless otherwise indicated.- 1.05 DOCUMENTS: Maintain at the job-site one copy of all drawings, specifications; addenda; approved shop drawings; change orders; field. orders; other contract modifications; and other approved documents submitted by the Contractor in compliance with various sections of the specifications. Each of these Project Record Documents shall be clearly marked "Project Record Copy" and maintained in good condition; available at all times for review by the Engineer and not used for construction purposes. 1.06 BOND AND COMPLETED OPERATION INSURANCE: Prior to final payment the Contractor shall submit proof that bonds and completed operations ' insurance are in effect. PART 2 AND 3 - PRODUCTS AND EXECUTION (not applicable) 01300-2 03-160 fl 1 1 SECTION 01400 GENERAL QUALITY CONTROL PART 1 -.GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: Definitions: Specific quality control requirements for the work are indicated throughout the contract documents and are not repeated herein. The requirements for this section are primarily to performances of the~work beyond furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify Engineer's duties relating to quality control and Contract enforcement.. 1.02 RESPONSIBILITY FOR INSPECTIONS AND TESTS: Unless otherwise noted, all testing and inspections required by ' these specifications shall be performed by a properly certified entity. All costs associated with the testing and inspections shall be the Contractors responsibility. The Contractor shall also ' be responsible for all tests or inspections required by any entity having jurisdictional control over the work. The costs for those required services by independent testing laboratories are recognized to be included in the contract sum. No failure- of test agencies, whether engaged by Owner or Contractor, to perform adequate inspections or tests or to properly analyze or report results, shall relieve the Contractor of ' responsibility for fulfillment of the requirements of the contract documents. 1.03 QUALITY ASSURANCE: General Workmanship Standards: Except as more definitively specified, the Contractor shall comply with recognized workmanship quality standards within the industry as applicable to each unit of work, including ANSI standards where applicable. It is a requirement that each category of tradesperson or installer performing the work be prequalified, to the extent of being familiar with applicable and recognized quality standards for that category of work, and of being capable of workmanship complying with those standards. 01400-1 02-126.2 ~I I 1.04 PRODUCT DELIVERY-STORAGE-HANDLING:. General: Handle, store and protect materials and products, ' including fabricated components, by methods and means which will prevent damages, deterioration and losses including theft (and resulting delays), thereby insuring highest quality results as the ' performance of the work progresses. Control delivery schedules so as to minimize unnecessary long,-term storage at the project site prior to installation. Contractor shall provide covered, inside ' storage for all new equipment on the site which is not intended for outside installation. Electrical, hydraulic and pneumatic connections on all equipment shall be protected from the elements. ' Contractor shall store all material on the project site unless specifically authorized otherwise by the Owner. ' PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 PREPARATION FOR INSTALLATION: Installer's Inspection of Conditions: The Contractor shall require , the fabricator and installer of each major unit of work to inspect substrate to receive the work, and conditions under which the work will be performed, and to report (in writing to the Contractor and , the .Engineer) unsatisfactory conditions. Do not proceed with the, work until unsatisfactory conditions have been corrected in a manner acceptable to the fabricator and installer. ' 3.02 INSTALLATION QUALITY CONTROL: Manufacturer's Instructions: Where installations include manufactured products, comply with manufacturer's applicable instructions and recommendations for installation, to whatever ' extent these are more explicit or more stringent than applicable. requirements indicated in the contract documents. ' The Contractor shall inspect each item of materials or equipment immediately prior to installation, and reject damaged and defective items. Provide attachment and connection devices and methods for securing work as it is installed; true to line and level, and within recognized industry tolerances if not otherwise indicated. ' The Contractor shall recheck measurements and dimensions of the each installation work of startin as an inte ral ste . g , g p Install work during conditions of temperature, humidity, exposure, and status of project completion which will forecasted weather ' , 01400-2 ° 02_26.2 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ensure best possible results for each unit of work, in coordination with entire work. Isolate each unit of work from noncompatible work, as required to prevent deterioration. Mounting Heights: Except as otherwise noted,. mount individual units of work at industry-recognized standard mounting heights, for applications indicated. Refer questionable mounting height choices to the Engineer for final decision. Adjust, clean, lubricate, restore marred finishes, and protect newly installed work, to ensure that it will remain without damage or deteriorat-ion during the remainder of the construction period. 01400-3 02-126.2 i~ 1 1 SECTION 01570 TRAFFIC REGULATION PART 1 -GENERAL 1.01 DESCRIPTION: The work to be performed under this section shall include furnishing all materials and labor necessary to receive approval and to regulate vehicular/pedestrian traffic in accordance with the requirements set forth herein and as shown on the drawings. Work shall also include furnishing all the materials, labor and equipment, and performing all operations in connection with traffic control. All DOT requirements for maintenance of traffic shall be met by the Contractor. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The.work performed under this contract shall be in strict accordance with the following codes and standards. A. Local, county and municipal codes B. Florida Department of Transportation Specifications C. American Association of State Highway and Transportation Officials (AASHTO). D. U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices", latest edition (FHWA). PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS A. Emergency Vehicles: No multi-family residence,, apartment, single family residence, commercial building or place of employment shall be without access to emergency vehicles for a period of longer than three hours. The Contractor shall notify, in writing, the Engineer, the police, fire and other emergency departments and agencies when and where work is to be accomplished which will affect their operations. The notification shall be supplied at least two days, but not more than ten days, prior to the start of such work. B. Major Roads and Streets: No major roads or streets shall be blocked to traffic, without adequate detour facilities, for a period of more than 30 minutes, or as directed by the governing authority. 01570-1 02-126.2 n ~I C. Commercial Properties: Access to commercial property shall ' not be blocked for a period of more than 30 minutes during the time such properties are open for business. D. Residential Property: Access to residential property shall ' not be blocked for a period of more than 24 hours.- 3.02 CONSTRUCTION IN STATE HIGHWAY RIGHT-OF-WAY: Construction within all state highway right-of-ways shall be made in full compliance with all requirements and to-the satisfaction of the Florida Department of ' Transportation. All necessary barricades, detours, lights and other protective measures shall be provided for the protection of both pedestrian and vehicular traffic. , 3.03 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT-OF-WAY: Construction within other than state highway right-of-way shall be made , in full compliance with all requirements of the Florida Department of Transportation and to the satisfaction of the local governing bodies. All necessary barricades, detours, lights and other protective measures ' shall be provided for the protection of both pedestrian and vehicular traffic. 3.04 SUBMITTALS AND COORDINATION: The Contractor shall prepare ' maintenance of traffic plans where required and obtain approval for all traffic regulation. The Contractor shall coordinate all traffic ' regulation with the Village of Tequesta and Palm Beach County. 1 ~J J 01570-2 ' 02-126.2 1 ii 1 SECTION 01720 RECORD DRAWINGS PART 1 - GENERAL 1.01 DESCRIPTION: The Work covered under this section shall include furnishing the Engineer all information necessary for a complete set of Record Drawings. 1.02 APPLICABLE CODES,~STANDARDS AND SPECIFICATIONS: The Record Drawings information shall be in strict accordance with the following codes and standards: A. Local county, municipal and utility codes B. Department of Environmental Regulation C. State of Florida Department of Health and Rehabilitative~Services 1.03 MATERIALS: The Contractor shall mark on the construction drawings of the Contract Documents all field information. 1.04 DATUM: All elevations shall be based on USGS Datum. PART 2 - PRODUCTS 2.01 RECORD DRAWINGS: The record drawings shall correctly and accurately show all changes from the Contract Documents made during construction and shall reflect surveyed information which shall be performed by a professional land surveyor registered in the State of Florida. The drawings shall be neat and legible. A. Raw Water Main: Record drawings shall show the following field information: 1. Show material used to construct lines. 2. Show location of tees, crosses, bends, terminal ends, valves, air release valves, and sampling points, etc., by distances from known above ground reference points (manholes, catch basins, and structures). 3. Show location of all sleeves and casing pipes. 4. Show all variations in required cover over pipe. 5. Show elevation and horizontal control of all water mains, sewer lines, electric conduit, water lines, etc., crossed 01720-1 02932~5~ or otherwise exposed during construction. 6. Valves/Hydrants: Include the following information for each valve/hydrant. a. Manufacturer/Model Number, Serial Number b. Type Valve c. Location of Valve/Hydrant PART 3 - EXECUTION 3.01 RECORDS: Daily records of changes in location of piping, fixtures and other items shall be kept and recorded on the record drawings. The Contractor shall review the completed record drawings and ascertain that all data furnished is accurate and .truly represents the work actually installed. No Record Drawings information will be accepted from subcontractors. 3.02 SUBMITTAL: The project shall not be considered to be in substantial completion until record drawings have been submitted and accepted by the Engineer . ~ Prior to final payment , the record drawings shall be revised by the Contractor to reflect any changes which have occurred since the substantial completion submittal. Record information shall be marked in red on original bid/contract drawings. This red-lined set, signed and sealed by the Contractors surveyor, shall reflect changes to the design that occurs during the project 01720-2 02-126.2 1 1 1 SECTION 02110 ' CLEARING AND GRUBBING PART 1 -.GENERAL 1.10 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 construction site shall be ' cleared as required and all areas upon which concrete slabs, foundations or pavement is to be placed shall be cleared and grubbed. The Contractor is expected to visit the site of the work and determine for himself the extent of the clearing and grubbing necessary for his ' construction operations. All clearing and grubbing operations must occur within public/Village rights of way. ' PART 2 - EXECUTION 2.01 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 Engineer will select and mark, or otherwise designate, the trees or ornamentals to remain standing. 2.02 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 18 inches below the surface ' of the ground. Holes caused by grubbing operations shall be filled to. the level of adjacent ground. 2.03 SELECTIVE CLEARING AND/OR GRUBBING: Special attention shall be ' given by the Contractor to heavily landscaped areas within the pipeline corridor. Work within these areas, shall be reviewed with the Contractor prior to any work occurring. 1 2.04 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 where such permits are required and he shall be responsible for any and all damage to surrounding property or areas caused by his operations. 2.05 CLEANUP: In accordance with the GENERAL CONDITIONS. ' 0 2110 -1 02-126.2 1 s 1 1 '.1 r i SECTION 02200 EARTHWORK PART 1 - GENERAL 1.01 DESCRIPTION: The work covered under this section consists of excavating, removing and .satisfactorily disposing of all materials, of whatever nature, within the limits of construction. Included in this section is all excavation, embankment and finishing necessary for the construction, preparation -and completion of all embankments, subgrades, shoulders, ditches, slopes and intersections, all in accordance with the required alignment, grade and cross sections shown on the drawings or as directed by the Engineer. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3..01 EXCAVATION: The Contractor shall perform all excavation necessary to accomplish the construction indicated on the plans. Excavation shall be unclassified regardless of material encountered. All excavated material not required for fill or embankment shall be deposited on the project site as directed by the Owner or his, representative. The Contractor shall do all shoring necessary to perform and protect the excavation and as necessary for the safety of the workers and any existing facilities. Wherever excavations are made below the grades indicated on the plans,. firm material shall be used to restore the area to the proper grade and shall be compacted in accordance with these specifications. 3.02 UNSUITABLE MATERIAL: Where muck, rock, clay or other material within the limits of construction is, in the opinion of the Engineer, unsuitable in its original position, the Contractor shall excavate such material and backfill the excavated area with suitable material, which shall be compacted and shaped to conform to the required section. All rock/boulders shall become the property of the Owner unless otherwise directed and shall be delivered to a site within the district. All other unsuitable material shall be disposed of off site. 3.03 EMBANKMENT: A. This work shall consist of furnishing and placing the materials required for fill or embankment for the construction as shown on the drawings. The material used for embankment shall consist of sand, gravel, or a mixture thereof, and/or other suitable material approved by the Engineer. If the materials are of a variable quality, the Contractor shall plan his operation so that the upper two feet of the embankment is constructed of selected materials as approved and directed by the Engineer. 02200-1 02-126.2 the surface to receive the B. Prior to placing any embankment, embankment shall be plowed or scarified. Fill or embankment shall be placed in successive uniform layers 12 in., measured loose or as approved by the Engineer. Each layer will then be compacted by an approved method in accordance with the requirements specified in this section. 3.04 BACKFILL: All backfill material shall be clean and free of lumber, trash or other debris and shall be thoroughly compacted in layers not to exceed eight inches and brought to an elevation above the finished grade sufficient to allow for settlement. ' Prior to placing backfill, the areas around structures upon which the backfill is to be placed shall be cleaned of all trash and debris of any nature. Sheeting and bracing as marked on the plans , shall be left in place. Any sheeting and bracing allowed to be left in place shall be cut off a minimum of 2.5 ft below finished grade. 3.05 FINISHING: This shall consist of the preparation, trimming and shaping to the lines and grades shown on the drawings, and all areas outside the paved areas in such a .manner to receive ' grassing, sod or planting without additional work. 3.06 COMPACTION: Areas to be compacted shall be moistened and compacted by either rolling, tamping or any other method approved by the Engineer in order to obtain the desired density. The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. All embankment, including backfill and embankment adjacent to structures, shall be compacted to a density of not less than 100 percent of the maximum density as determined by AASHTO T-99. If, in the Engineer's opinion, density tests are required, such tests shall be made as directed by the Engineer at the expense of the Contractor. The Contractor shall instruct the testing laboratory to forward copies of all test reports to the Engineer. ~ 02200-2 Oz-126.2 .SECTION 02260 FINISH GRADING PART 1 - GENERAL 1.01 DESCRIPTION: To bring to finished elevations all earth materials as called for in the drawings. This general work includes the completion of finish grading so that surfaces of compacted material are correctly oriented with the requirements of the slab or other component which will rest on the grade at that point. PART 2 - PRODUCTS 2.01 MATERIALS: A. Fill: All fill shall be clean sand, free from debris, vegetable matter and other deleterious substances. B. Topsoil: All topsoil material on the site that is determined by the engineer to be satisfactory for landscaping and/or grassing operations shall be stockpiled near the excavation limits for such use unless otherwise directed by the Engineer. PART 3 - EXECUTION 3.01 GRADING: Fill, backfill and rough grade as necessary to bring entire site level with elevations of undersides of concrete slabs, walks, paving and finished landscaping as indicated on drawings or in specifications. 3.02 FINISH GRADING: A. Where elevations are indicated on plans, obtain such finish elevations, and establish uniform slopes of finish grades between indicated elevations. 1 B. Where elevations are not indicated, establish and obtain uniform slope from existing grade. n r t 02260-1 ~ 02-126.2 SECTION 02401 DEWATERING 1 1 1 1 1 t PART 1 - GENERAL 1.01 DESCRIPTION: The Work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. 1.02 APPLICABLE CODES, STANDARDS- AND SPECIFICATIONS: The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.01 DEWATERING: The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls or bedding material will occur. In the event that, in the Engineer's opinion, satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels. 3.02 DISPOSAL: Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor's plan for trench disposal is approved in writing by the Engineer.. The Contractor's plan shall include temporary culverts, barricades and-other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers.. 02401-1 02-126.2 SECTION 02485 GRASSING. PART 1 -.GENERAL 1.01 DESCRIPTION: The Contractor shall furnish all materials and labor necessary for construction. It 'is the intent of this specification that damaged areas are to be replaced in kind. The Engineer will determine where sod or seed/mulch is to be used in any questionable areas . The Contractor shall walk the areas with the Engineer prior to placement of sod or-seed/mulch to determine the limits of grassing. 1.02 STORAGE OF MATERIALS: The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic. PART 2 - PRODUCTS 2.01 SOD, SEED: A. Seeding shall be in accordance with Section 570-1 through 570-3 of the DOT Specifications. B. Sodding shall be in accordance with section 575-1 through 575-2 of the DOT Specifications . Sod being replaced in existing sodded areas shall be replaced in kind. Sod in new areas shall be St . Augustine Floratam or Bahia as designated by the,. Engineer. PART 3 - EXECUTION 1 r r r 3.01 SEED, SOD, MULCHING: A. Seeding shall be in accordance with Section 570-4 through 570-5 of the DOT Specifications. B. Sodding shall be in accordance with Section 575-3 of the DOT Specifications. C. Mulching shall be in accordance with Section 570-4.6 of the DOT Specifications. 3.02 MAINTENANCE: Seeding/mulching and sod shall be maintained in accordance with FDOT Specifications. In addition, the Contractor shall be responsible for the first mowing prior to final acceptance of the project. 3.03 SPRINKLER SYSTEM: Where sprinkler/irrigation systems require repair or replacement, the Contractor's sodding operation shall not commence until the Engineer has approved the repaired or replaced system. 02485-1 02-126.2 L 3.04 DAMAGED TREES/SHRUBBERY: All trees and/or shrubbery (landscaping) damaged or disturbed during construction shall be replaced by the contractor at his expense as directed by the Engineer. The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. This includes other methods such as the use of herbicides . All debris shall be removed by the contractor at his expense. 7 1 1 i~ 1 02485-2 02-126.2 SECTION 0257$ PAVEMENT REPLACEMENT PART 1 - GENERAL 1.01 REFERENCES: Section numbers and Article numbers specified are those contained in the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction". 1.02 RESTORATION: All surfaces requiring restoration shall be completed as soon as is reasonable. In no case shall the pavement replacement operation be unfinished for more than ten (l0) days after backfilling unless otherwise directed by the Engineer. Replace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contractor at no expense to the Owner. 1.03 GUARANTEE: All restored areas within the public right-of-way shall be guaranteed for one year. In the event of settlement of paved ~, areas more than 1/4 in. below the undisturbed adjacent permanent pavement, the Contractor shall make the necessary repairs to restore the pavement level within twenty (20) calendar days after notification of the Owner. The cost of such repairs shall be paid by the Contractor. ~ PART 2 - PRODUCTS 1 2.01 BASEROCK: Limerock, shellrock and local rock shall conform to DOT Specifications, Section 911. 2.02 ASPHALTIC CONCRETE: A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. Prime coat shall be cutback asphalt, Grade RC-70, MC-30, or MC-70, complying with DOT Specifications, Articles 300-1 through 300-7, applied at the average rate of 0.15 gallon per sq yd. Tack coat shall be emulsified asphalt, Grade RS-2, complying with DOT Specifications, Articles 300-1 through 300-7 respectively, applied at the average rate of 0.10 gallon per sq yd. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. 1 B. Plant Mix Wearing Surface: A plant mix wearing surface course shall be constructed on the prepared limerock base. Materials and construction shall conform with the requirements of DOT Standard Specificationsfor Type S-1/5-111 modified "Asphaltic Concrete Surface Course", Section 331, Articles 331-1 through 331-4. The use of recycled asphalt shall be allowed as long as the mix meets FDOT standards for Type S-1 asphalt. The Contractor shall provide a mix design prior to placing any asphalt . The finished pavement replacement shall be smooth and even with,or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. 02578 -1 02-126.2 C. Rock, Gravel or Marl Replacement: Roads, streets or driveways constructed of rock, gravel or-marl shall be restored to a condition equal to or better than prior to construction. PART 3 -.EXECUTION 3.01 PAVEMENT REPLACEMENT: Replace pavement in accordance with the detai ls shown on the drawings. 3.02 EDGE TRIMMING: Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean,. straight edge. 3.03 STABILIZING: Stabilization of subgrade shall be performed and shall conform to applicable FDOT requirements. 3.04 SIDEWALK/CONCRETE DRIVEWAY REMOVAL AND REPLACEMENT: A. Removal: The removal of such facilities, where required for construction purposes, shall be held to the minimum consistent with good construction practice. The material removed shall be carefully separated from trench excavation material and shall be disposed of by the, Contractor. B. Replacement: The Contractor shall replace these facilities with 3000 psi concrete. The facilities shall be replaced only after thorough compaction of the- fill or backfill and shall duplicate, in all respects, the original facilities and construction. Wire mesh, 6 x 6, 10/10, shall be installed in all concrete driveways. Replaced concrete driveways shall be equal in thickness to that which was removed and no less than 6 in. C. Driveways other than concrete shall be replaced with like materials and construction. 3.05 SHELL ROADS/DRIVEWAY: Replace shell material in accordance with like material and construction. 3.06 COMPACTION TEST: Compaction tests shall be performed on the stabilized subgrade and compacted base material at each road crossing or at 100 ft. intervals. The locations shall be selected by the Engineer. The cost of all testing shall be paid by the Contractor. These tests are in addition to the required compaction tests for the pipe trench. 3.07 TEMPORARY ASPHALT: All temporary restoration shall include a cold patch material and shall be maintained throughout the contract period. 025.78-2 02-126.2 SECTION 02610 PIPE AND FITTINGS PART 1 -.GENERAL 1.01 DESCRIPTION: Work under this section consists of furnishing all materials, supplies, equipment and labor in accordance with the requirements set forth herein and as shown on the drawings. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards. A. Local, county and municipal codes. B. American Society for Testing and Materials (ASTM). C. American National Standards Institute (ANSI). D. American Water Works Association (AWWA). E. American Association cf State Highway and Transportation Officials (AASHTO) . F. Florida Department of Transportation Specifications (DOT). G. Federal Specifications. H. United States Department of Commerce Commercial Standards (CS). I. All local government rules and regulations. 1.03 MATERIALS AND EQUIPMENT: A. Unless otherwise specified or shown on the drawings, materials and equipment shall be the standard product of a manufacturer. and shall comply with the Contract Documents and applicable standards ~r for such material or equipment. B. Prior to the start of Work, the Contractor shall submit to the Engineer a list of the manufacturers of all equipment and materials to be incorporated in the Work that conform to a standard, code or as specified. 1.04 WORKMANSHIP: All materials and equipment shall be installed in accordance with the manufacturer's instructions and to these Contract Documents. The Contractor shall notify the Engineer when the manufacturer's instructions conflict with these specifications. 1.05 SITE MAINTENANCE: The Contractor shall take the necessary steps to prevent objectionable blowing or drifting of dust, sand or other debris where the construction occurs in residential, commercial or other developed areas. 02610-1 02-126.2 1.06 STORAGE OF MATERIALS AND EQUIPMENT: The Contractor shall provide space for storage of materials and equipment . Pipe strung along roads and right-of-ways shall be placed in a manner that will not endanger or restrict pedestrian or vehicular traffic. It is recommended that no more than three (3) days of pipe work be strung out in advance of the work. 1.07 OPEN TRENCH: The amount of open trench shall be limited so that no more than 100 feet of open trench in advance of the backfilling operation will remain at the end of the working day. All open trench shall be protected by the Contractor with barriers, warning devices and traffic control devices, which shall be kept in the correct position, properly directed and clearly visible at all times. The barrier, warning and traffic control devices shall be suitably lighted at all times that vehicular traffic lights are required. PART 2 - PRODUCTS 2.01 PIPE AND FITTINGS: A. Polyvinyl Chloride Pipe (PVC) and Fittings for Raw Water Main Applications: 1. Gasketed Joint, Pipe: i . Pipe 4 - in . thru 12 - in . in diameter shall conform to the requirements as set forth in AWWA C900 with dimension ratio DR 18 and shall bear the National Sanitation Foundation seal for potable water pipe. Pipe larger than 12-inches in diameter shall conform to the requirements of AWWA C-90.5, DR25 (165 psi) , with NSF seal for potable pipe. Provisions must be made for contraction and expansion at each joint with a rubber ring and an integral bell as part of -each joint , or by a rubber ring sealed coupling. Clean, reworked material generated from the manufacturer's own pipe production may be used. All Pipe shall have cast iron pipe equivalent outside dimensions. All raw water pipe shall be white. ii. Fittings for PVC pipe shall be PVC gasketed, pressure. rated fittings meeting the requirements of AWWA C905 DR25. B. High Density Polyethylene (HDPE) Pipe and Fittings for Raw Water Main Applications: 1. HDPE pipe 4" thru 16" shall conform to AWWA C906, NSF 61, unless otherwise noted on the plans . The pipe shall .have a dimension ratio of 11. All joints between plain ends of HDPE pipe sall be made by butt-fusion utilizing the pipe manufacturers fusion procedures and guidelines. The wall thickness of the adjoining pipes shall have the same DR valve at the point of fusion, if not, the lower valve DR rated material shall be machined at the joint to match the pipe to be joined DR valve. HDPE pipe shall have 3-paired white stripes co-extruded longitudinally into the pipes outside surface. 02610-2 02-126.2 2. Fittings shall conform to AWWA C906 with a dimension ration of 11. The fittings joint shall be machined to match the DR value of the adjoining material. 3 . Connection of HDPE pipe to DI fittings or valves shall require a 316 S . S . pipe stiffener inserted in each end of the pipe prior to completing the fitting. C. Magnetic Tape: All buried pipe shall be overlaid with a blue magnetic caution/locate tape (min. 4-inch width). Cost of magnetic tape shall. be included in the cost per foot of pipe. PART 3 - EXECUTION 3 . O1 EXCAVATION -The Contractor shall perform all excavation of every description and of whatever substances encountered to the depths indicated on the drawings or as necessary. This shall include all necessary clearing and grubbing of any foreign substance encountered within the structure or trench area. Excavated material suitable for backfill shall be piled in an orderly manner at a sufficient distance from the trench to prevent slides or cave-ins. A. Protection of Existing Facilities and Utilities: All existing improvements such as. pavements, conduit, poles, pipes and other structures, shall be carefully supported and fully protected from injury and, in case of damage, they shall be restored by the Contractor without compensation. Existing utilities and other underground obstructions are shown on the plans, but the accuracy of the locations and depths is not guaranteed. The Contractor shall contact the utility prior to construction and arrange for the necessary assistance in locating and protecting the existing utilities. The Contractor shall be responsible for damages to these existing utilities and shall, in case they are damaged, restore them to their original condition. B. Trench Excavation: The minimum width of the trench shall be equal to the outside diameter of the pipe at the joint plus 8 in. each side of pipe for unsheeted or sheeted trench, with the maximum. width of trench, measured at the top of the pipe, not to exceed the outside pipe diameter, plus 24 in. , unless otherwise shown on the drawings. Trench walls shall be maintained vertical from the bottom of the trench to a line measured at the top of the pipe. From the top of the pipe to the surface the trench walls shall be as vertical as possible under soil conditions. No more than 100 linear feet of trench shall be open in advance of the completed pipe laying operation without prior approval of the Engineer. Pipe trenches across roadways and driveways shall be backfilled as soon as pipe is installed. Where, in the opinion of the Engineer, adequate detour facilities are not available, no trench shall be left open across a roadway or commercial property driveway where adequate detour routes are not available for a period in excess of 30 minutes, or as directed by the governing authority. No trench shall be left open across any roadway or driveway for more than 24 hours. 02610-3 02-126.2 C. Shoring, Sheeting and Bracing: The Contractor shall do all shoring, sheeting and bracing or provide other approved facilities required to perform and protect the excavation and as necessary for the safety of the public, the employees, and the preservation of existing roads, structures and other utilities. The top of such sheeting left in place shall be cut. off at a minimum elevation of 2.5 ft below finished grade. D. Boulder Removal: All rocks, stones, boulders or concrete, having any dimension larger than permitted to be used for backfill in the paragraph entitled "Backfilling" of these specifications, shall be removed from the site and disposed of by the Contractor. E. Disposal of Excess Materials: The Contractor shall dispose of the excavated materials not required or suitable for backfill. All surplus excavated material which is suitable for fill shall become property of the Contractor, and shall be disposed of by the contractor at his expense. F. Unstable Soil Conditions and Overdepth Excavation: Where unstable soil conditions are encountered, the excavation shall be increased as directed by the Engineer. The bottom of the excavation shall be brought up to the proper excavation elevation utilizing suitable and properly compacted backfill material. r 3.02 INSTALLATION OF RAW WATER MAINS: Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable AWWA or ASTM Standards. If a conflict exists between the manufacturer' s instructions and the AWWA or ASTM Standards, or other requirements set forth in this specification section, the Contractor sYiall bring the discrepancy to the attention of the Engineer and the Engineer will render a decision as to which standard to use. 1. Polyvinyl Chloride Pipe - ASCE Manual No. 37,ASTM D2321. 2. High Density Polyethylene Pipe - AWWA C906. i The Contractor shall use every precaution during construction to protect the pipe against the entry of nonpotable water, dirt, wood, small animals and any other foreign material that would hinder the operation of the pipeline. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide suitable dewatering equipment . All PVC and DIP piping shall be placed in a dry trench, unless wet trench installation is approved by the Engineer A. Depth of Cover: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, the pipe shall have a minimum depth of 36 inches. B. Thrust Restraints: Concrete thrust blocking is not allowed unless specifically approved by the Engineer. Thrust restraint systems shall be installed as required to properly restrain all piping systems. At a minimum, thrust restraints shall be provided on all below-grade piping and fittings at the point where either a horizontal or vertical change in direction occurs. Thrust restraint systems shall be 02610-4 02-126.2 1 1 i 1 1 r t t restrained joint type. The number of restrained joints shall be as recommended by the manufacturer. Joint restraints shall be used at the joints indicated and as far back from these joints into the pipeline as necessary to maintain the system integrity at the specified test pressure. The number of joints to be restrained shall be according to DIPRA calculations and subject to the Engineer's approval. Use of concrete gravity blocks will be allowed. The gravity blocks will be required to be formed prior to pouring with the pipe wrapped with 6 mil of visqueen. C. Connections to Existing Mains: The Contractor shall make connections to existing mains as shown on the drawings. Connections shall be made only after arrangements have been completed by the• Contractor with the Owner of the system and shall be under the system Owner's immediate supervision. D. Cleaning of Completed Pipelines: Following the leakage test, the completed pipelines will be thoroughly cleaned using a polyurethane foam pipe cleaner (poly pig) . Water required for testing and cleaning shall be furnished by the Owner for the first test. Additional water required due to test failure shall be at the Contractor's expense. All temporary piping/fittings required to make the connections to a potable source shall be at the Contractor's expense . The water shall be from a potable water source for the test . All poly pigs used shall be in strict accordance with the manufacturers recommendation for the type and size of pipe to be cleaned. All poly pigs shall be manufactured by Knapp Poly Pigs, Inc . , or equal. E. Leakage Test: Leakage and pressure tests shall be conducted in the presence of the Engineer. The Contractor will provide a suitable pressure gage, acceptable to the Engineer, for the test. The Contractor will provide all other necessary apparatus including a pump, flow measuring device, piping connections and fittings and the necessary labor to conduct the tests. The test shall be of two hour duration. During the test, the pipe being tested. shall be maintained at a pressure of not less than 150 psi. Leakage is defined as the quantity of water added to the pipe being tested during the test period. No pipe installation will be accepted if the leakage exceeds the quantities specified in AWWA C-600, Section 4.2. The Contractor shall submit to the Engineer the testing pattern he proposes to follow prior to testing for the Engineer's approval. No more than 3000 feet of line shall be tested at one time unless -the Engineer specifically agrees, in writing, to a variation. The Contractor shall be responsible to provide any temporary valuing or appurtenances to satisfy this requirement. All main taps shall be made before the pressure test. F. Disinfection of Complete Pipeline For water Distribution Applications: Following cleaning, the Contractor shall disinfect all water distribution mains and service lines as follows. Water shall be fed slowly into the system applying sufficient chlorine to produce a dosage in excess of 50 ppm 02 610 - 5 02-126.2 at the farthest point in the system from the point of application. The chlorine solution then shall be retained in the line for a period of 24 hours . At the end of this time if a minimum chlorine residual of 5 ppm is not obtained, the procedure shall be repeated. During the disinfection process, all valves shall be operated. After disinfection, the water shall be flushed from the system at its extremities until excessive chlorine residuals are eliminated. Water samples for bacteriological examination shall be taken as directed by the Division of Health and submitted to the nearest approved bacteriological laboratory. Disinfection shall not be considered satisfactory until laboratory reports are satisfactory to the Division of Health. G. Water for Testing, Disinfection and Flushing: Water required for disinfection, testing and flushing shall be furnished by the Owner for the first set of tests. Additional water required to perform extra tests due to test failure shall be at the Contractor's expense. The water shall be from a potable water source. Note that all piping and fittings required to connect and perform the tests shall be a the Contractor's expense. H. Disposal of Water: The Contractor shall submit a plan for approval on the handling of the disposal of the test/flushing water . The Contractor shall ensure that adjacent property will not be flooded. To avoid this, additional temporary piping, fittings and berms may be required which will be at the Contractor's expense. 3.03 BACKFILLING: A. Material: Shall be excavated material, essentially free of organic material, asphaltic concrete, clay, concrete, boulders and other deleterious materials. 1. Bedding and Pipe Embedment. The material in the bedding, around the pipe and to a depth of 1 ft over the pipe shall be sand or a mixture of sand, shell or crushed rock properly graded and mixed so that fine grain material from the side walls of the trench or backfill above the embedment will not migrate into the backfill material. The backfill shall meet the following limitations: a. PVC/HDPE Pipe - All materials shall pass through a ~ in. square opening laboratory sieve. 2 . Above Pipe Embedment : The material shall be sand or a mixture of sandy material and .rock, stone and shell . Rock, stone and shell shall pass through a 3-1/2 in. ring. 3. Additional Fill: If sufficient suitable backfill material is not available from the excavation, additional fill meeting the above requirements shall be provided by the Contractor. 4. Magnetic Tape: A continuous Magnetic tape shall be located a minimum distance of 12 inches above the top of the pipe. The cost of this tape shall be included in the cost of the pipe. 02610-6 02-126.2 B. Placin and Com action: g P 1. In Areas Not Under Permanent Pavement: Within right-of-ways or other areas where permanent- pavement does not exist or is not proposed, including roads, walks and driveways consisting of broken stone, gravel, marl, shell, shellrock or conglomerate, the entire backfill to the subgrade of the pavement or structures shall be made with predominantly sandy material free from rock, stones or organic matter, except that rocks having a maximum dimension of 6 in. will be permitted in the backfill between the elevation 1 ft . above the top of the pipe and 1 ft below the surface. Particular care shall be taken to insure that the backfill at the haunch is free from voids and is properly compacted. The bedding and embedment shall be compacted to a density of not less than 100 percent of maximum as determined by AASHTO T-99 . The backfill material above 1 ft over the pipe shall be compacted to a density of not less than 85 percent of the maximum density, as determined by AASHTO T-99. Compaction by flooding or puddling will be permitted only by written authorization from the Engineer. 2. Miscellaneous: Backfilling around meter boxes, valve boxes and other structures shall be accomplished in the same manner as the connected pipe. Extreme care shall be used in backfilling wellpoint holes to prevent voids and settlement. If necessary, the holes should be plugged with a concrete slurry, such plugging to be at the expense of the Contractor . 3. Compaction Tests: The Engineer may at any time instruct the Contractor to partially excavate a previously backfilled trench or temporarily backfilling of a short section of the trench for the purpose of obtaining measurements of the density of the backfill. The testing will be paid for by the Contractor. The cost of the partial excavation and restoration of the backfill will be paid for by the Contractor. Any test failures will be paid by Contractor. Density tests shall be taken along the pipe (maximum distance between tests shall be 500 feet). Compaction tests shall be. at springline of the pipe, 12" over the pipe and 24" over the pipe. 3.04 CULVERT RE MOVAL AND REPLACEMENT: Culverts, catch basins and other drainage structures that are removed or damaged during construction shall be replaced with materials and structures equal and similar to those removed or damaged. Manhole covers and gratings shall be set at the original elevations unless otherwise directed. The Contractor shall take precautions against the entry of excavated and other loose material resulting from his operations from entering catch basins, culverts and other drainage structures in the vicinity of his operations. He shall maintain the cleanliness of .these drainage structures in a condition equal to that prior to the commencement of his operations during the construction. The Contractor shall be responsible for all damage to persons, roads, buildings, vehicles and other property resulting from the failure of the Contractor to maintain these drainage structures. 02610 - 7 02-126.2 3.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, sidewalks, trees, shrubbery, fences or other property and surface structures not designated as pay items, have been damaged, removed or disturbed by the Contractor whether deliberately or through failure to carry out the requirements of the contract documents,-state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. 3.06 PROTECTION: At the end of each workday the mains under construction shall be plugged to prevent the entry of small animals or rodents . Also, in order to minimize the debris and sand entering the pipe during construction, the Contractor will place a plug in the line. Temporary plugs shall be provided for this purpose. 3.07 CLEANUP: The Contractor shall maintain the site of the Work in a neat condition. The Contractor shall remove all excess materials, excess excavated materials and all debris resulting from his operations within a time frame approved by the Engineer. t ~l 1 1 02610-8 02-126.2 ~~ 1 SECTION 02640 VALVES PART 1 -.GENERAL 1.01 DESCRIPTION: The Contractor shall furnish and install all valuing equipment as shown on the drawings and as specified. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The Work under this Contract shall be in strict accordance with the following codes and standards: A. Local, county and municipal codes B. American Society for Testing and Materials (ASTM) C. American National Standards Institute (ANSI) D. American Water Works Association Standards (AWWA) E. .Florida Department of Transportation Specifications(DOT) F. Federal Specifications G. United States Department of Commerce Commercial Standards (CS) 1.03 MATERIALS AND EQUIPMENT: A. Unless otherwise specified or shown on the drawings, materials and equipment shall be the standard product of a manufacturer and shall comply with the Contract Documents and applicable standards. for such materials or equipment. B. Prior to the start of the Work, the Contractor shall submit a list of the manufacturers of all equipment and materials to be incorporated in the work that conform a standard, code or as specified. PART 2 - PRODUCTS 2.01 VALVE OPERATORS: A. General: The rated torque capability of each operator, shall be sufficient to seat, unseat and rigidly hold in any intermediate position the valve disc it controls under the test conditions specified. All valves shall be equipped with adjustable mechanical stop-limiting devices to prevent over-travel of the valve disc in the open and closed positions. Operator housings, supports and connections to the valve shall be designed with a minimum safety factor of five based on the ultimate strength, or based on three on the yield strength of materials used. Operators to be buried shall be watertight. Above grade operators shall be weatherproof. The position of the operator shall be as shown on the shop drawings . The piece mark of the 026.40-1 02-126.2 1 Ly valves, the location, the size, the type of operator, and the maximum working head, shall be tabulated on the shop drawings . All non-buried valves shall be equipped with handwheel or lever- type operators. The Contractor shall be responsible for dimensionally confirming the required orientation of the valve operators. Any required extensions or fabrications necessary to accommodate the installation of the operators shall be provided and installed. A valve key (one per six valves installed) of suitable length shall be provided for buried operators. ~ B. Gearing: All gear operators or traveling-nut operators shall be ~ self-locking and designed to transmit twice the required operator torque without damage to the faces or the gear teeth or the contact faces of .the screw or nut. Upon request, the manufacturer shall furnish the purchaser with certified copies of reports describing the procedures and results of the tests for each model and torque rating of operator to be furnished. Operators composed of worm gearing shall be totally enclosed in a gear case and shall have worm gears of bronze and worms of hardened steel that operate in a lubricant. Operators of the traveling-nut type shall have threaded reach rods of steel and shall have a bronze or ductile iron nut with internal threads. Operators shall be enclosed. C. Manual Operators: Manual operator shall have all gearing totally enclosed. Operators shall be designed to produce the specified torque with a maximum input of 150 ft-lb on operating nuts. Stop-limiting devices shall be provided in the operators for the open and closed position. All operator components between the input and these stops shall be designed to withstand, without damage, an input torque of 300 ft-lb for operating nuts. An arrow and the word "open" or "close" shall be cast on the handwheel to indicate the direction to turn said handwheel. All operating nuts shall be designed so that counter-clockwise movement of the handwheel will open the valve and clockwise movement of the handwheel will close the valve. 2.02 BUTTERFLY VALVES: The 16-inch and 12-inch butterfly valves located on the raw water main shall conform to AWWA C504 Class 150B. The valve shall have 316 SS disk and shaft . The body shall be fully lined with ±~-inch thick BUNA-N rubber. All components exposed to the fluid shall be 316 SS or BUNA-N. The axis of rotation shall be horizontal unless this orientation will not fit. The valve body shall be heavy cast iron conforming to ASTM A-126, with mechanical joint ends . The valves shall have a traveling nut actuator for buried type services with gear operator and 2-inch nut. The valve shall be manufactured by Henry Pratt Company or DeZurik (no substitutions). 2.03 AIR RELEASE VALVE: Air release valves shall be of the size shown and shall have screwed ends. The body, cover, lever, frame, float, seat and needle linkage shall be Type 316 stainless steel. All other moving/wetted/non-wetted parts shall also be of 316 stainless steel. Valves shall be designed for not less than 150 psi water working pressure. Pipe nipples and isolation valves connecting the air release valve to the pipe shall be 316 stainless steel. Air release valves shall be as manufactured by Crispin No. PL10, Val-Matic No. 2,5 or APCO 02640-2 02-126.2 No. 200A. 2.04 VALVE BOXES: Valve boxes shall be cast iron, adjustable, as manufactured by M&H Valve and Fitting Company, James B. Clow and Sons, Inc., or the Mueller Company, with cast iron drop cover. All buried valves shall be equipped with a valve box. Covers shall be marked "Water" for potable systems. 1 t 1 t 1 02640-3 02-126.2 SECTION 03000 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.01 DESCRIPTION: Supply and install all cast-in-place concrete as shown, on the drawings and specified herein. All cast-in-place concrete on the project shall be ready mix per this specification. Pre-mixed, bagged mixes shall not be utilized for any purpose on the project unless specifically approved by the Engineer. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The installation of cast-in-place concrete shall be in accordance with the following codes and standards: A. The local building code t B. Portland Cement Association (PCA) C. American Concrete Institute (ACI) D. Concrete Reinforcing Steel Institute (CRSI) E. American Society for Testing and Materials (ASTM) F. Federal Specifications 1.03 TESTS AND INSPECTIONS: A. Testing Agency: A professional, independent testing. laboratory, approved by the Engineer, shall perform all testing and inspection procedures specified. B. Payment: The Contractor shall bear all costs of sampling and testing of concrete cylinders, as noted. Additional special. tests may be ordered by the Engineer if there is a question as to compliance with the Contract Documents. C. Reports: Execute immediately after completion of each procedure or inspection and forward promptly to the Engineer three copies of each report. D. Molded Concrete Compression Cylinders: One set of four cylinders each sampling for each 50 cubic yards or fraction thereof for each day's placement of each mix design. Sample according to ASTM C172, process and cure according to ASTM C31, and prepare and test according to ASTM C39. Test one cylinder at age three days or seven days, as required by job conditions, and two cylinders for one valid test at 28 days. The fourth cylinder is to be cured and held for testing at 42 days if 28-day test indicated deficient results, or as a spare in case of cylinder damage. 03000-1 Contract No. 02-126.2 ~. E. Air content: The total air content (entrained and entrapped) shall be measured in accordance with ASTM C231. Air content tests shall be performed on every truck where compression test cylinders are collected. F . Slump Tests : Slump tests shall be performed in accordance with ASTM C143 on every truck. 1.04 REINFORCEMENT: Where reinforcement is indicated on the drawi ngs, it shall conform to ASTM A615, Grade 60, and Section 03200 excep t stirrup ties which shall be Grade 40. 1.05 FORMWORK: Shall conform to ACI 347 and Section 03100. 1.06 SUBMITTALS: A. Mix designs: Submit mix designs prepared in accordance with ACI 318 and ACI 211.1 based upon ready-mix producer's statistical data for past mix design test results. Historical data shall reference identical mix designs as referenced by mix components, quantities and mix number. B. Field Test' Reports: Submit field test reports for all cylinder tests. PART 2 - PRODUCTS 2.01 PORTLAND CEMENT: Conform to ASTM C150, Type II, except that slag, flyash or other cement substitute will not be permitted unless speci fically approved by the Engineer. 2.02 WATER: From domestic sources, free of harmful acids, alkalis, oil, organic or other deleterious materials. 2.03 CONCRETE AGGREGATES: Conform to ASTM C33 or ASTM C330 (lightweight aggregates). A. Conform to ASTM C33 : Local aggregates not complying with this standard may be used provided it can be shown by special test or a record of past performance these aggregates produce concrete or adequate strength and durability. B. Fine Aggregate: Clean, washed natural sand of hard, sound, uncoated grains. Manufactured clean, washed, hard sand may be used for structures other than water retention structures. ,~, C. Course Aggregates: Clean, washed, sound and crushed. ^ D. Aggregate Size Requirements: Use largest practicable aggregate size for each condition of placement subject to limitations stipulated in paragraph 3.3, ACI Code 318. 2.04 CONCRETE ADMIXTURES: Only admixtures specified and acceptable to the Engineer prior to use shall be included in mix designs. 03000-2 Contract No. 02-126.2 1 A. Water Reducing Agent: A water reducing agent conforming to ASTM C494 shall be used. The following are- acceptable: 1. Pozzolith - Master Builders Company 2. Plastocrete - Sika Chemical Company 3. WRDA - Grace Construction Materials B. Air Entrainment: All concrete shall entrain from two to four percent air, whether batched with or without other admixtures. One of the following, conforming to ASTM 0260, may be used: 1. MB-VR - Master Builders Company 2. Sika-AER - Sika Chemical Company 3. Darex AER - Grace Construction Materials C. Superplasticizer. A superplasticizer admixture may be used if approved by the Engineer. The superplasticizer shall satisfy the following requirements. 1. Conform to ASTM C494, Type F or Type G. 2. Superplasticizer admixture shall be added to the mix at the batch plant unless otherwise approved by the Engineer. 1 3. Provide documentation showing, at a 6-inch slump plus or minus 1-inch, the relative durability factors of air entrained concrete as determined in accordance with ASTM C-666, Procedure A, as compared to the same air entrained concrete mix at a 2-inch slump or minus 1-inch without superplasticizer admixture. 4. A qualified concrete technician employed by the manufacturer shall be available to assist in proportioning concrete materials for optimum use, to advise on proper use of the superplasticizer admixture and adjustment of concrete mix proportions to meet job site and climatic conditions. 5. Approved Products: a. Sikament 300, Sika Chemical Corp. or Engineered approved equal. b. Pozzolith 440 N, Master Builders Company, or Engineer approved equal. 2.05 CURING MATERIALS: t A. Chemical Curing: Liquid compound, membrane forming, shall conform to ASTM C3 0 9 , as approved by the Engineer . The 1 iquid compound shall not reduce the adhesion of tile, paint, roofing, waterproofing or other material to be applied to the concrete. No liquid compound shall be allowed to cure a first ' 03000-3 Contract No. 02-126.2 pour of concrete which will receive a second pour. The use of a curing compound in lieu of water spray curing is subject to the Engineers approval and will, generally, not be approved as an alternate to impervious membrane and spray mist curing. B. Impervious Membrane Sheeting: Kraft paper or 4 mil polyethylene sheeting, in accordance with ASTM 0171 may be used with approval of the, Engineer. 2.06 CONCRETE MIX DESIGNS AND PROPORTIONS: A. Mix Design: Prepared according to ACI 211 and ACI 318, and submitted to the Engineer for review prior to batching any concrete, and based on previously tested and qualified component materials . Provide mix designs for all of the mixes . Pump mixes, when used, shall be approved in writing by the Engineer prior to use on the job. Each design shall have a mix number. B. Admixtures: Enter specific brands into mix designs where they are required or used. All admixtures must be approved in writing by the Engineer prior to use. C. Mix: Concrete shall be composed of Portland Cement, course aggregate, fine aggregate, admixtures, and water. Location or use of any of the following mixes will be shown on the drawings, or as stated herein. D. Specified Compressive Strength: 1. Provide concrete of the compressive strengths as shown on the drawings. Unless otherwise noted, all concrete shall have 28-day compressive strength of 4,000 psi except sidewalks which shall be minimum 2,000 psi. 2. Mix designs for the compressive strength specified shall have the following minimum properties. Where compressive. strengths fall between the ones listed below, the criteria shall be linearly interpolated. 03000-4 , Contract No. 02-126.2 Specified Maximum Minimum 28-day Compressive Water-Cement Cement Content strength (f~c) (psi) Ratio by Weight (lbs/Cubic Yard 4000 0.45 564 2000 0.65 376 3. The optimum water-cement ratio for mix designs in excess of 4000 psi 28-day compressive strength shall be determined by various mix designs, not to exceed 0.40. E. Air Entrainment: Total air content required (air-entrained and entrapped air) shall be as follows, and as measured in accordance with ASTM C231 : Nominal Maximum Size of Total Air Content coarse aggregate, in. Percentage by volume 3/8 6 to 10 ~ 5 to 9 3/4 4 to 8 1 3.5 to 6.5 1-1/2 2 3 to 6 2.5 to 5.5 3 1.5 to 4.5 1. All concrete shall be air entrained. F. Slump Limits: Concrete, when placed at the forms, shall have a slump within the following limits as measured in accordance- with ASTM C 143. Every truck load of concrete shall be slump tested. 1. Tolerance of plus-or-minus 1 inch. 2. Reinforced concrete: 3 inches. 3. Superplasticized concrete: 6 inches. G. Pump Mix Design: Proportions for concrete to be pumped shall be in accordance with those specified herein, except the aggregate shall be round gravel and satisfy ACI 304. Pump mix usage will be subject to Engineer approval. 2.07 CEMENT GROUT AND DRYPACK: A. Cement Grout: Mix 1 volume Portland cement, 2-1/2 volumes fine aggregate and sufficient water for the mixture to flow under its own weight. 03000-5 Contract No. 02-126.2 B. Drypack: Mix 1 volume Portland cement, 2 volumes fine aggregate and enough water to hydrate cement (a stiff mix) . Do not mix more than can be used in 30 minutes. 2.08 CURBS: A. Construct roadway and sidewalk curbs as shown on the drawings and in accordance with local codes and regulations. B. Construct other curbs that support equipment or structural wall systems as indicated on the drawings. 2.09 WATERSTOPS: Waterstops shall be extruded flat strips having hollow center bulb, multiple ribs for full length. Width, 6 in., unless otherwise noted. The waterstop shall consist of polyvinyl- chloride resins combined with plasticizer, formulated to attain high tensile strength, adequate elongation, resistance to oxidation, acids, alkalis and low water extraction properties. The waterstops shall be extra heavy duty to withstand high heads of water (minimum 125 ft) and weigh at least 140 pounds per 100 feet. 2.10 CONSTRUCTION JOINTS: Shall be formed with tongue and groove wood members or galvanized metal keyed forms. 2.11 SEALING MATERIALS: Material for sealing and filling joints and for sealing premolded filler strip, shall conform to ASTM D1190 for "Concrete Joint Sealer; Hot-Poured Elastic Type". PART 3 - EXECUTION 3.01 BATCHING, MIXING AND PLACING CONCRETE: A. Use Ready-Mixed Concrete: Conform to ASTM C94. Plant and-truck mixers subject to examination by Engineer. B. Water and Mixing: Mix concrete at least 10 minutes, 5 minutes of which is at the job, after last addition of water. Retempering in truck is prohibited. Any concrete in truck longer than 1-1/2 hours after the water has been added at the plant, or any that has become harsh or nonplastic, shall be rejected based solely upon the Engineer's discretion. C. Load Tickets: Shall include all information required by ASTM C94 and be legible, showing quantities of all constituents in the batch, and bearing signature of plant inspector or bonded weighmaster. Maintain all tickets on file for inspection by the Engineer. All tickets shall show the mix number. Tickets not showing the mix number shall cause, the load to be immediately rejected. D. Slumps: At point of delivery to forms, the slumps shall conform to those specified in this section of the specifications. 03000-6 Contract No. 02-126.2 1 E. Placing: The concrete shall be placed by suitable equipment as nearly as possible in its final location and without any segregation of the aggregate. Any free vertical drop shall not exceed 4-1/2 feet. For a given pour, the new concrete shall be placed against the last concrete only if .the last concrete can, in the Engineer's sole opinion, be substantially vibrated into the new concrete. In general, the maximum allowable time between, placing new concrete against last concrete shall not exceed ninety minutes, although this time may be reduced by the Engineer based upon the characteristics and performance of the mix. The Contractor shall schedule trucks and organize the pour to minimize the length of time between placement of new and last concrete. For water retention structures, the Contractor shall develop and implement a contingency plan for a back-up truck in the event that the next scheduled truck is not on-site within 60-minutes of completion of the last pour . No pours of greater than 10 yd3 shall be scheduled to start after 2:00 P.M., unless otherwise approved by the Engineer. Prior to placing concrete the forms shall be clean and free of debris with all surfaces wetted lightly. Before depositing new concrete on or against concrete which has set and is not part of the pour underway, the existing surfaces shall be cleaned at all laitance, foreign matter and loose particles and slushed with a neat cement grout . No concrete shall be placed without prior approval of the forms and reinforcing by the Engineer. F. Vibration: All concrete shall be placed with the aid of mechanical vibrating equipment supplemented by hand forking or spading. Vibration shall be transmitted directly to the concrete and not through the forms. r 3.02 CURING: A. General: The concrete shall be kept moist-for fourteen days after pouring. Vertical forms may be left, in place and horizontal surfaces moistened with water. If forms are. removed, impervious membrane sheeting or chemical curing may be used if approved by the Engineer. The .Engineer shall have the right to determine when forms may be removed and whether a curing compound can be used in lieu of spray misting. B. Chemical Curing: If approved for use by the Engineer, apply curing compound as soon as surface water has disappeared from concrete surfaces. Apply material with approved pressure spraying equipment, as per manufacturer's directions, in sufficient thickness to form effective water seal. C. Impervious Membrane Sheeting: The entire exposed surface shall be wetted thoroughly with a fine spray of -water and then covered with polyethylene sheeting or plastic-coated materials laid directly on the concrete surface. Overlap 12 in. when a continuous sheet is not used. 03000-7 Contract No. 02-126.2 3.03 CONSTRUCTION JOINTS: Construction joints shall be located so that the maximum area for each cast shall ,not exceed 600 sq. ft. Length to width ratios shall not exceed 2 to 1. The construction joint criteria shall not apply to the storage reservoir, where construction joints shall be located only where indicated on the drawings unless otherwise approved by the Engineer. In general, the Engineer will not agree to modifications of construction joint locations shown on the drawings,. 3.04 FINISHES: A. Form Finish: Hone down fins, ridges, high spots, with abrasive brick or, power grinders while concrete is green, immediately after form removal. B. Form Tie Holes and Deep Depressions: Flush thoroughly with clean water, tamp to overfull with drypack, cure and hone flush. C. Rock Pockets, Honeycomb and Sand Streaks:-Cut out at least 1 in. deep with sides perpendicular to surface, flush out, coat with neat cement paste, fill with drypack in at least two layers to overfull, cure and then hone to final correct surface, line or corner. D. Chamfers: All exposed edges of concrete shall have a minimum 3/4 in. chamfer. E. Finish: All exposed vertical concrete shall have a floated sand (burlap rub) finish. Building slabs and miscellaneous horizontal concrete shall have a troweled finish. Sidewalks shall have a light broom finish. 3.05 CLEANUP: In accordance with General Conditions. 03000-8 Contract No. 02-126.2 PALM BEACH COUNTY LAND DEVELOPMENT DIVISION 1tIGHT-OF-WAY CONSTRUCTION PERMIT p~RN11nEE COPY ~~ ~2Z ,3 PERMITTEE: Village of Tequesta 357 Tequesta Drive Tequesta, Fl 33467 PERMIT NUMBER: ISSUANCE DATE: R/W0124-0997 September 17. 1997 EXPIRATION DATE: September 17. 1998 S ~~, T 4Q_, R FEE: WAIVEll REP: Thomas Jensen, P.E. Reese, Macon & Associates, Inc. 433-3226 LOCATION: OLD DIXIE HIGHWAY -INSTALL TWO DRIVEWAY CONNECTIONS IN THE EAST RIGHT-OF-WAY FOR WATER T1tEATMENT PLANT EXPANSION, LOCATED APPROXIMATELY 1000 FEET NO1tTH OF VILLAGE BOULEVA12ll. REFERENCED PLANS: 96-117.1 SHEETS C.4~ANll 5 ' Permit is hereby granted for the work within the right-of--way as shown on the referenced plans, subject to the applicable Conditions on back of this permit, and the following conditions: 1) Contact the Construction Coordination llivision at (561) 684-4180, 48 hours before commencement of work. (See Condition Number 1 on tlic back of this permit.) 2) The permittee shall submit to the Land lleveloprnent llivision a signedand sealed certification of completion for the above work from the engineer-of-record, rci'crencing the permit number and indicating the work wus completed in substantial accordance with the approved plans. This permit shall become void if the pink copy of the permit is not signed and returned to this office within I S days; or, if returned, Condition Number 1 on the back of this permit is not complied with. If a building Department is listed as being copied below, we are sending that Building Department a copy of this permit and requesting the Certificate-of-Occupancy be withheld until notified by the Land Development Division that this permit has received a final review by the Palm Beach County Construction Coordination Division. PERMITT 4 EE SIGNATURE (AUTHORIZED SIGNATURE OR DULY AUTHORIZED AGENT) 1 SIGNATURE PLEA SE PRINT OR TYPE KSR:JEP;kfs cc: Construction Coordination Division w/plans Thomas Jensen, P.E., Reese, Macon & Associates, Inc. ~Permittee w/plans Ref: R/W0124-0997.per UU '1'Y APP VAL K. S. Rogers .E., Director Land Development Division CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION The permittee or permittee's representative shall meet at the site with a representative of the Construction Coordination Division , before work begins. If the ConslruclionCoordinalionDivision has been contacledwithin the noted time and the conslruclion begins prior to the expiration date, the work may proceed beyond the expiration dale but shall be completed in a timely manner. Where the work is deemed complete, contact the Construction Coordination Division and a review will be held al the site with a representative of the ConslruclionCoordinalionDivisionand the permillee or permillee'srepresentative. Construclionshall be done Monday thru Friday. Saturday or Sunday construction shall be approved a minimum of 48 hours in advance of Saturday by the Construction Coordination Division. A set of plans bearing the approval stamp of the Office of the County Engineer and this permit shall be present at the job site during construction. 2. The permittee understands and agrees that the rights and privileges herein set out are granted only to the extent of the County's right, title and interest in the land to be entered upon and used by the permittee. THE PERMITTEE WILL AT ALL TIMES ASSUME ALL RISK AND FURTHER WILL INDEMNIFY, DEFEND, AND SAVE HARMLESS PALM BEACH COUNTY FROM AND AGAINST ALL LOSS, DAMAGE, COST OR EXPENSE ARISING IN ANY MANNER (INCLUDINGALL LITIGATION COSTS AND ATTORNEY FEES), ON ACCOUNTOF THE EXERCISE OR ATTEMPTED EXERCISE BY SAID PERMITTEE OF THE AFORESAID RIGHTS AND PRIVILEGES REGARDLESS OF THE APPORTIONMENTOF NEGLIGENCE OF THE PARTIES INVOLVED THE PERMIT HOLDER, THEREFORE, AGREES TO INDEMNIFY THE COUNTY FOR THE COUNTY'S OWN NEGLIGENCE. It is specifically understood that the limits of this indemnlficalion are the COUNTY'S statutory liability limits under Section 766.26, Florida Statute, or any successorlegislation In effect at the issuance o(said permit. The existing statutory limits under 768.28, Florida Slalute aie hereby recognized as the Statue ("Construction Contracts") should that statute be deemed to apply. 3. Permiltee assumes full responsibility to maintain all areas under construction safe for the public and to properly route and direct trafficthrou h th t ti g e cons ruc on area. All traffic control operations shall be done in accordance with the current Manual on Unifonn Trafrc Control Devices (Part VI). Supplements to this manual are the Florida Department of Transportation's Roadway and Traffic Deslan Standards (Index 600) and Standard Specifications or Road and Bridge Construction (latest edition). No obstruction of the travel lanes between 7 a.m. to 9 a.m. and 3 p.m, l0 6 p.m. Monday lhru Friday, unless approved by the Palm Beach County Traffic Engineering Division. No time restrictions for local and subdivision roads, or for construction done Saturday or Sunday. 4. EHecliveJuly 1, 1986, according to Florida Statute 336.048 the permittee must notify local law enforcement agencies prior to the closing of one or more traveling lanes for a period of time exceeding two or more hours of repair, alteration or reconstruction of the roadway. 5. Permiltee hereby acknowledges the COUNTY'S right to inspect the area governed by this permit al any time prior to final acceptance by the COUNTY to assure compliance with all plans and specifications. All reviews, however, shall.be performed al the COUNTY'S discretion and are strictly to assure com lianc with t l p e projec p ans and specifications. PERMITTEE HEREBY ACKNOWLEDGESTHATTHE COUNTY VIA SAID REVIEWS IS NOT THE EMPLOYER, SUPERVISOR PRINCIPAL OR AGENT , OF PERMITTEE. Permiltee is at all times an Independent contractor with full responsibility for all obligations and responsibilities Imposed under this permit and imposed by law. 6a. II a pavement cut restoration detail Is not on the approved plans, the cut shall be restored per Exhibit E of Florida Department of Transportation Utility A ccommodation Guid Th _ _ e. e surface replacement shall be applied same day as pavement is cu! and maintained 90 days, at which time the permittee or the permiltee's representative shall contact the Construction Coordin ti a on Division for review. If deemed necessary by the Construction Coordination Division, the permittee shall restore the replacement area. If overlay was required on the plans or permit it shall t b l no e app ied until the replacement area has been given final review by the Construction CoordinationDivision. Saw cut butt joints al the terminus of overlay. If feathering is used al terminus of overla It h ll l y, s a comp y with Florida Department of Transportation specification 330-12.4. To minimize inconvenience and as a courtesy, the permittee's contractor shall notify the propert ow / y ner occupant of the proposed culling of a driveway. 6b. After the replacement area has been given final review by the conslruclion Division, asphalt driveways shall be overlaid with a minimum thickness of 1 inch of asphalt betw th i een e r ght-of-wayline and the intersecting road or front of sidewalk and intersecting road If sidewalk exists (taper ends). The permittee may choose to entirely replace the driv b eway etween the right-of-way line and intersectingroad within 20 days after the cut is made. Concre. drives shall be entirely replaced between the right-of-way line and intersecting road. 7. All areas In the right-of-way shall be left in a condition equal to or better than existed prior to conslruclion. Shoulders disturbed within 8 feel of the edge of pavement sh ll b ' a e stabilized a minimum 50 PSI Florida Bearing Value, 6 inches in depllt. Existing drainage shall not be impeded, Prior to or concurrent with final revie th i w, e perm llee shall submit !o the Construction Coordination Division copies ofdensity reports done by an independent testing laboratory. If the conslruclion should fail within one year front the date of final review by the Constru ti c on Coerdination Division, the permillee Is responsible for restoration. 8. The permilteecertifies that he has notified or will have notified a! leas! 48 hours (excluding Saturday, Sundays and legal holidays) prior to starting excavation, any person having the ri ht t b g o ury gas pipe line within the public or private street, alley, right-of-way or gas utility easement for purposes of obtaining information concerning the possible location of gas pipe lines in llte area of proposed excavation. 9. Sidewalk areas that are disturbed during construction shall be maintained until repaved. ' 10. The Installation shall be coordinated with any Utlllty or Cable T.V. facilities in the area of construction. 11. The permittee/developershall provldeand install pavement markings (thermoplaslic,u~less approved otherwise by the Pal County Traffic Engineer), and reflective ave B t h p m men eac markers in accordance with Palm Beach CounfyTypical T-3-94-033-PS. Striping shall be per Section 710 or Section 711, as applicable, of the latest edition of the Florida Department of T Specifrcations for Road and Brid C ge ransportation Standard onstruction. 12. If trafficslgnalizationequipmentls in the area of construction, notify Palm Beach County Traffic Operations at (407)233-3900, Do not disturb any material within six feet of a traffic signal pole or a i guy w re and anchor. If damage to the equipment occurs during construction, it shall be repaired by Traffic Operations at the permittee's expense. 13. When traffic attracted and/or generated by the property served by the turnouts permitted requires left or right turn lanes or other such additionalpavementsond/ortraffic control devices rel t a er to such Traffic, it will be the responsibility of the owners to provide same. Construction shall be in accordance with Palm Beach County Standards. ~• Revised June 10, 1997 ~' , Directory: Permits.l'crlRWpennils Farm: RWPcrmil.pg2 I I 1 1 t ADDENDUM NO. 1. MAY 21,2004 VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN This document forms a part of the Contract Documents and modifies the original plans and specifications dated May 2004. PROJECT MANUAL 1. Bid Proposal -DELETE in its entirety and INSERT the attached revised pages P-1 thru P-7. 2. General Conditions -INSERT pages 1 thru 42 attached. 3. Special Requirements -Item J, ADD the following: 12. The Contractor will be responsible for coordinating all activities with the FEC Railroad during the installation of the Jack and Bore under the railroad. The Village shall pay for the normal and customary inspection services required by the railroad directly. 4. General Requirements -Section 01019, Paragraph 1.21, Item No. 2, DELETE the second sentence in its entirety and INSERT the following. Where the Standards conflict, Village Standards shall control. 5. Measurement and Patent -Section 01150, Paragraph 1.04, DELETE in its entirety and INSERT the following: 1.04 Alternate Bid Items: The contractor shall provide a Unit Cost for the two (2) Alternates (A&B) listed within the Proposal. Alternate Bid Item A: A Unit Price shall be provided for installing the crossings as noted by Directional Bore Method in lieu of Jack and Bore. ii. Alternate Bid Item C: The Contractor shall provide a Unit Cost for "installation only" of the items listed under Item C. For those items listed, the Village shall purchase the material separately. All material purchased by the Village for contractor installation shall be delivered to the Contractor by the Village as a request is made. If this option is chosen, the items listed shall be substituted within the Base Bid Items for their respective items and a new Total Base Bid shall be calculated. Addendum No. 1 Village of Tequesta May 21, 2004. 6. Pipe and Fittings -Section 02610, Paragraph 3.01, D. INSERT the following: Due to the use, of butterfly valves, the Contractor will need to provide PVC FLG x FLG spool pieces to be installed temporarily at locations of the butterfly valves. This will enable the Contractor to pig the main. Prior to the leakage/pressure test, the Contractor shall remove the spool pieces and install the valves. The spool pieces cost shall be included in the Unit Price of the pipe. Note that the spool pieces shall have the corners of the PVC Flange beveled to accommodate movement of the butterfly disc. 7. Valves -Section 02640, Paragraph 2.04, DELETE in its entirety and INSERT the following: Butterfly Valves: The 16-inch and 12-inch butterfly valves located on the raw water main shall conform to AWWA C504 Class 150B. The valves shall have 316 SS disk and shaft. The body shall be fully lined with ~'/2-inch thick BUNA-N rubber. All components exposed to the fluid shall be 316 SS or BUNA-N. The axis of rotation shall be horizontal unless this orientation will not fit. The valve body shall be heavy case iron conforming to ASTM A-126, with flanged joint ends. The valve exterior shall be coated per AWWA C504 with black bitumastic. The valves shall have a traveling nut actuator for buried type services with gear operator and 2-inch nut. The valve shall be manufactured by Henry Pratt Company or DeZurik (no substitutions). PLANS 1. Sheets 4 and 8 of 10. DELETE in its entirety and INSERT the revised sheets 4 and 8 of 10 attached. THIS ADDENDUM CONSISTS OF 51 PAGES AND 2 PLAN SHEETS ' BID PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 ' 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 ' FROM:. (Hereinafter referred to as Bidder) Gentlemen: ' The .undersigned, as Bidder, proposes to furnish all labor, materials, equipment, services, and incidentals necessary to ' perform all work in accordance with the Contract Documents entitled: Village of ~Tequesta,Water System Improvements, Raw Water Main. Bidder has also received addenda numbers through , and have included their provisions in this proposal. Bidder now ' submits the following and hereby agrees: 1. The only person(s) interested in this bid, or Agreement, as principal are named herein; that the bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud, or ,other illegal practices. 2. To hold Bid open until an Agreement -has been executed between the Village and the accepted Bidder, or until ninety (90) calendar days after the bid opening date, ' whichever is shorter. 3. To enter into and execute an Agreement on the basis of this Bid, within fifteen (15) calendar days after the award of the Contract. To furnish the 100% Performance Bond and ' 100% Payment Bond in accordance with the Documents. Failure to execute the Contract and Contract furnished said Bonds within fifteen (15) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and expenses incurred, payable into the funds of the Village. ' P-1 (ADD-1) - 02-126.2 4. 5. To start work within ten (10) calendar days of the Date of Commencement as established in the Notice to Proceed. Work shall be completed within the number of calendar days specified in Article 3 of the Construction Agreement. In the event of multiplication, addition, or clerical errors on the Bid Forms, the Village may correct these errors to clarify the Bids. The information. which results in the lowest cost to the Village will be considered correct, and therefore utilized. P-2 (ADD-1) 02-126.2 1 1 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCIiEDULE Estimated Description Quantity Unit A. Raw Water Main Extension 1. Raw WM a. 16" PVC 4380 LF $ b. 12" PVC 1700 LF $ 2. Valves a. 16" Butterfly 2 b. 12" Butterfly 2 3. ARV Assembly 8 4. Sample Points 6 5. PVC Fittings a. 16" Tee 1 b. 16" Plug 1 c. 16" 22-1/2~ 2 d. 16" 90~ 3 e. 16" 45~ 29 f. 16" x 12" Reducer 1 g. 16'" x 12" Tee 1 h. 12" 90~ 2 i. 12" 450 15 j. 12" Plug 2 k. 16" FLG x Bell Adapter 4 1. 12" FLG x Bell Adapter 4 P-3 (ADD-1) EA $ EA $ EA $ EA S EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA $ EA S Price Estimated Amount $ S 02-126.2 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE -- Estimated Estimated Description Quantity Unit Price Amount 6. Jack & Bore a. FEC R.R. (STA 22+37) 24" Casing/12" Carrier ~ 10 0 LF $ $ b. Old Dixie Hwy. (S'IP~ 41+58 ) 30" Casing/16" Carrier 5 5 LF $ $ c. Village Blvd. (STA 50+00) 30" Casing/16" Carrier 13 6 LF $ $ 7. Directional Bore a. Tequesta Dr. (STA 23+06) 12" HDPE, DR 11 g 0 LF $ $ 8.Asphalt Restoration a. Road/Driveway 4 5 0 SY $ $ b• Walkway 15 SY $ $ 9. Shell/Rock Road Restoration 25 Sy $ $ 10. Sidewalk Restoration/Installation a . Paver Brick 10 S Y $ $ b . Concrete (5 ft . width) 15 0 0 LF $ $ 11. Sod Restoration a. Floratam 3 4 0 0 S Y $ $ b. Bahia 3 8 0 0 SY $ $ c. Seed & Mulch 7 8 0 0 S Y $ $ 12. Relocate Palm Tree 2 EA $ $ TOTAL BASE BID (Items 1 - 12) $ P-4 (ADD-1) 02-126.2 1 1 1 1 1 1 1 1 t 1 1 1 1 1 i 1 1 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE Description B. Alternate Bid Items 6.I. Directional Bore b.-Old Dixie Hwy. (STA 41+58) 16" HDPE, DR 11 c. Village Blvd. (STA 50+00) 16" HDPE, DR 11 Estimated Estimate Quantity Unit Price d Amount 75 LF $ $ 145 LF $ $ P-5 (ADD-1) 02-126.2 BASE PROPOSAL FORM VILLAGE OF TEQUESTA WATER SYSTEM IMPROVEMENTS RAW WATER MAIN UNIT PRICE BID SCHEDULE Estimated Estimated Description Quantity Unit Price Amount C. Alternate Bid Item (Material Installation Only) 1. Raw 4d`~! a. 16" PVC 4380 LF $ $ b. 12" PVC 1700 LF $ $ 2. Valves a. 16" Butterfly 2 EA $ $ b. 12" Butterfly 2 EA $ $ 3 . PVC Fittirx~s a. 16" Tee 1 EA $ $ b. 16" Plug 1 EA $ $ c. 16" 22-1/2~ 2 EA $ $ d. 16" 90~ 3 EA $ $ e. 16" 45a 29 ~ $ $ f. 16" x 12" Reducer 1 EA $ $ g. 16" x 12" Tee 1 EA $ $ h. 12" 90~ 2 ~ $ $ i. 12" 45~ 15 EA $ $ j. 12" Plug 2 EA $ $ k. 16" FLG x Bell Adapter 4 EA $ $ 1. 12" FLG x Bell Adapter 4 EA $ $ P-6 (ADD-1) 02-126.2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i The following is a complete list of the subcontractors to be used if the undersigned is awarded the Contract for .this project. The subcontractors performing more than $10,000 work (equipment and labor) on the project shall be listed below. Subcontractors named below may not be changed by the Contractor. The Owner may request a change under the terms of applicable sections of the General Conditions. Type of Work Name and Address of Subcontractor Dated this Corporate Seal day of Contractor: Address: 2004. By: Title P-7 (ADD-1) 02-126.2 ' NOTICE OF AWARD TO: B&B Underground Contractors, Inc. (Bidder) ADDRESS: 16545 S.W. Farms Road Indian#own. FL 34956 Telephone 772-597-5571 Fax 772-597-5573 ENGINEER PROJECT NO. 02126.2 Date June 22 , 2004 ' PROJECT Raw Water Main Extension OWNER'S CONTRACT NO. N/A ' CONTRACT FOR: Village of Teguesta. Water System Improvements Raw Water Main (Insert name of Contr~t as it appears in the Biddmg Documents) You are notified that your Bid dated May 27 , 2004 far the above Contract has ' been considered. You are the apparent successful bidder and have been awarded a contract for the total base bid with alternate bid Item B. (6.1. Directional) with County concurrence. ' (Indicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Five Hundred Twenty Nine Thousand Five Hundred ' Ninety Six Dollars ($529,596.00). Four copies of each of the proposed Contract Documents (except Drawings) will follow this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of #his Notice of Award, that is by July 7 , 2004 . ' 1. You must deliver to the OWNER four executed counterparts of the Agreement including all the Contract Documents. Each of the Contract Documents must bear your signature on every page where applicable. ' 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 1.17), General Conditions ' (paragraph 5.01) and Supplementary General Conditions (paragraph 5.01A & B, Page SGC-3). ' EJCDCNo. 1910-22(1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America. ' 3. (List other conditions precedent). ' Provide Certificates of Insurance as noted within Supplementary General Conditions (Paragraph 5.04, Page. SGC-3~. Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. t Within 10 days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. Acceptance of Award B&B Underground Contractors, Inc. ' By: Angelo Barile. Vice President ARCADIS Reese,Macon & Associates, Inc. (Engineer) By: (Signs re/Title) Thomas C. Jensen, P ' Date: ~- ~.-~-©c.~ Date: ~r22 -04 From Karin Carrion At: Gateway Insurance Agency FaxID: 9547352852 To: attn: Karen Wiggins Date: 6242004 10:10 AM Page: 2 of 2 OP ID K ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMroD/YYYY) sANDBO7 os 24 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' Gateway Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2430 W. Oakland Park Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Lauderdale FL 33311 Phone: 954-735-5500 Fax: 954-735-2852 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: D y mravslers ero ert & casualt 40282 8 & B Properties Ino. B & B INSURERB Ohio casualty xrourancs co. 024074 Underground C ntractors, Ina. B & B Horizontal Inc INSURER C: Summlt Consultin , . P.O. BOX 698 di t 4956 INSURER D: In an own FL 3 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY C07737A223IND03 08/18/03 08/18/04 PREMISES (Eaoccurence) $ 300000 CLAIMS MADE ~ OCCUR MED EXP (Any one person( $ 10 Q 0 Q X Blanket A. I. PERSONAL & ADV INJURY $ 10 Q Q O O Q X GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2000 O O O POLICY X JECT LOC AUT OMOBILE LIABILIT' COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO 8107737A223 08/18/03 08/18/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS - (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) ' PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDEM $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY- AGG $ EXCESS/UMBRELLA LIABILITY - EACH OCCURRENCE $ 4 0 0 0 0 0 0 $ X OCCUR ~ CLAIMS MADE A252414 08/15/03 08/18/04 AGGREGATE $ 4000QOQ DEDUCTIBLE $ X RETENTION $ 1 0 0 0 0 $ WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 83027866 08/18/03 08/18/04 E.L. EACH ACCIDENT $500 000 OFFICER/MEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYEE $ 5OO 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500 000 OTHER A Equipment Floater CON98517221 08/13/03 08/18/04 Leased/ 300,000 Rented DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project: Raw Water Main Extenstion. The Village o£ Tequesta and ARCADIS Reese, Macon and Associates Inc. are listed as Additional Insured with respects to the General Liability Only. *10 Days Notice o£ cancellation for .non-payment of premium. CERTIFICATE HOLDER VILTE04 VILLAGE OF TEQUESTA 136 BRIDGE ROAD TEQUESTA FL 33469 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILIT' OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988