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HomeMy WebLinkAboutAgreement_General_04/16/2009,~ 1 1 PROJECT MANUAL VILLAGE OF TEQUESTA TEQUESTA DRIVE BRIDGE UTILITY RELOCATION FEBRUARY 2009 ARCADIS US, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 TEL: 561-697-7000 FAX: 561-697-7193 t ~ CONfRAC~ SET 1 WF143000 1 1 TABLE OF CONTENTS INVITATION TO BID INSTRUCTION TO BIDDERS ' SPECIAL REQUIRE MENTS ' PROPOSAL (Including Bid Bond) TRENCH SAFETY ACT ' CONSTRUCTION AGREEMENT PERFORMANCE BOND PAYMENT BOND GENERAL CONDITIONS SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 -GENERAL REQUIREMENTS Section 01019 General Requirements Section 01150 ' Measurement & Payment Section 01300 Submittals Section 01400 General Quality Control Section 01570 Traffic Regulation Section 01720 Record Drawings DIVISION 2 -SITE WORK Section 02110 Clearing and Grubbing Page Number INV-1 only IB-1 thru IB-4 SR-1 thru SR-3 P-1 thru P-4 TSA-1 only 1 thru 5 1 thru 2 1 thru 2 1 thru 42 SGC-1 thru SGC-9 01019-1 thru 01019-3 01150-1 thru 01150-4 01300-1 thru 01300-2 01400-1 thru 01400-2 01570-1 thru 01570-2 01720-1 thru 01720-2 02110-1 only 1 1 1 1 1 1 1 1 1 t 1 1 t 1 1 1 1 1 Section 02200 Earthwork Section 02320 Horizontal Directional Drill Section 02401 Dewatering Section 02485 Grassing and Landscaping Section 02578 Pavement Replacement Section 02610 Pipe and Fittings Section 02640 Valves APPENDIX - A Frac-Out Plan APPENDIX - B Geotechnical Engineering Report APPENDIX - C FDEP Permit Army Corp of Engineers Permit Palm Beach County Health Department Permit APPENDIX - D Addendum 1 Addendum 2 Clarification 1 02200-1 thru 02200-2 02320-1 thru 02320-2 02401-1 only 02485-1 thru 02485-2 02578-1 thru 02578-2 02610-1 thru 02610-7 02640-1 thru 02640-3 3 Pages 12 Pages Pending Pending Issued 15 pages 8 pages 1 page 1 INVITATION TO BID VILLAGE OF TEQUESTA Tequesta Drive Bridge Utility Relocation Sealed proposals will be received by the undersigned at the office of the Village of Tequesta, Public Works Facility, 136 Bridge Road, Tequesta, Florida 33469-0273, until 3:00 PM on Thursday, February 19, 2009 at which time and place they will be publicly opened and read aloud. t 1 1 1 1 1 The work for which this proposal is to be submitted consists of relocation of existing utilities from the existing bridge crossing to underground facilities installed by directional bore. The work will include three separate bores, one 12-inch water main approximately 790 LF, one 18-inch force main approximately 875 LF and one pair of 6-inch power conduits approximately 595 LF. A Mandatory Pre-Bid Meeting will be required for this project. The Mandatory Pre-Bid Meeting will be held at PUBLIC WORKS FACILITY 136 BRIDGE ROAD TEQUEST FLORIDA 33469-0273 on FEBRUARY 16.2009 at 2:00 pm. All work performed shall be in accordance with the Bid Documents pertaining thereto, which may be examined at the Village's Engineer's office of ARCADIS, 2081 Vista Parkway, West Palm Beach, FL 33411. One copy of the Bid Documents, including blank bid forms, may be obtained at the office of ARCADIS, upon payment of $75.00, 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 payfor the required performance and payment bonds, failing to do so may result in the Owner retaining the bid deposit 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 shall be countersigned- by a Florida resident agent. 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 judgment best serves the Owner. OWNER: VILLAGE OF TEQUESTA Job No: WF143000 Publish on: February 8, 2009 INV-1 W F 143000 1 1 t INSTRUCTIONS TO BIDDERS 1.01 SEALED PROPOSALS: Sealed proposals will be received at the time and place designated and then publicly opened and read aloud for furnishing all transportation, labor, materials, tools, supplies, and machinery necessary, and performing all operations required for the completion of the Work specified and as shown on the drawings. 1.02 DELIVERY OF PROPOSALS: All proposals, whether mailed ordelivered 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 Tequesta Drive Bridge Utility Relocation and addressed to: 1 1 t 1 1 t A 1 1 Village of Tequesta Public Works Facility 136 Bridge Road Tequesta, FL 33469 1.03 PROPOSAL FORMS: Submit proposal 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 b{ack 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 PROPOSAL: Sign proposal correctly. If the proposal is made by an individual, his name and post office address shall be shown. If made by a frrm 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 proposal 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 proposal shall bear the seal of the corporation attested by the secretary. Anyone signing the proposal as agent shall file with the proposal legal evidence of his authority to do so. 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 required, before submitting their proposal, 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. 1.07 CONFIDENTIAL FINANCIAL STATEMENT: If requested by the Owner, a bidder under consideration for award shall furnish a confidential certified financial statement, current within the past quarter, which must be a complete report of the financial resources and liabilities, equipment available, past performance record, personnel and organization experience. ' ~B-~ WF143000 1 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; 1. Have been in the general 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 Prime Contractor in the State of Florida, the Village of Tequesta and Palm Beach County. 3. Have been awarded and performed as a Prime Contractor on a minimum of five (5) similar projects during the past five (5) years. For purposes of this discussion, a "similar" project shalt be considered to include installation of underground pipeline utility systems. "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. 1.09 DISQUALIFICATION OF BIDDER: The submittal of more than one Proposal 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 Proposals 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 project. The determination of the lowest bid will be made dependent or independent of bid alternates that are provided. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be accorded weight by the Owner in the determination of the best. proposal.. In no case will the award be made until all necessary investigations have been made into the responsibility of the low 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 within the time specified. 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 judgment best serves the Owner. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Owner may con'ect these errors to clarify the Bids. The information that results in the lowest cost to the Owner will be utilized. 1.11 RETURN OF PROPOSAL GUARANTY: As soon as the proposals have been compared, the Owner may, at his discretion, return the guaranty deposit accompanying such proposals as in his judgment would not likely be considered in making the award. All other proposal guaranties will be held until the contract and bonds have been executed, after which they will be returned to the respective bidders whose proposals 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 proposal, 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 1B-2 W F 143000 1 r 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 #o contest to the contrary and does waive such right upon submitting a proposal. 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 Proposal 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 Engineer. Replies will be issued by Addenda to all parties recorded by the Engineer as having received the Bidding Documents. Questions received after the Pre-Bid Meeting 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 proposals and bid guaranties for a period not to exceed ninety (90) days after the date of bid opening stated in the Invitation to Bid. 1.16 PROPOSAL MODIFICATIONS: Modifications will be received from bidders priorto 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 MANUFACTURERS: The Contractor shall use only the named manufacturers, except as noted in the General Requirements, Section 01019. Manufacturers named at the time of the bid for an item shall be used. A change of named manufacturers after the bid shall not be allowed without written approval by the Engineer. 1.18 CONTRACT SECURITY: Sections 5.1 and 5.2 of the General 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 Ownerwith 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 ~ Florida resident agent. 1.19 SITE USAGE: Contractor shall restrict all activities to the immediate construction area within the road right-of--ways, as approved by the Engineer. The Contractor shall be responsible for the coordination of their activities with other Utilities and Contractors who may share the project site. 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. Encroachment of vehicles, equipment and personnel onto adjacent property is prohibited and any damage to personal property shall be at the Contractor's expense. The Contractor is encouraged to visit the site prior to submitting a bid. 1.20 PERFORMANCE ~ PAYMENT BONDS: Bonding companies shall use the enclosed forms. The use of other forms is not acceptable. 1.21 TIE BIDS: Tie bids may be awarded to one of the bidders based upon: 1. Availability of equipment and personnel. 2. Previous work history. 3. Closeness to the project site. Where tie bids are between bidders one of which is a business whose rinci al lace of business is P P P located in Palm Beach County and the other bidder is not, the recommended award shall be to the I B-3 W F143000 1 local bidder. If all conditions are equal, the award shall be determined by drawing lots or flip of a coin. 1.22 DISPUTES: Any actual or prospective bidderwho disputes the reasonableness, necessityor 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. 1.23 AVAILABILITY OF FUNDS: The obligations of the Village of Tequesta underthis Agreement are subject to the availability of funds lawfully appropriated for this project by the State of Florida and the Village of Tequesta. 1.24 TRENCH SAFETY ACT: Bids shall include documentation required by the Florida "Trench Safety Act". The Trench Safety Act form is included within the Bid Proposal Section for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 1.25 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 proposal 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 technicallyand 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 financiaAy, or has previously performed work for the Owner which the Owner believes to be unsatisfactory. No change maybe made to this list of subcontractors by the Contractor, before or after contract award, without the written consent of the Owner. 1 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 altemate subcontractor may result in rejection of the bid. 1.26 ENGINEER DUTIES: Throughout this specification, ARCADIS shall be considered the Engineer and will act as the Owner's representative. ARCADIS will assume all duties. and responsibilities and have the rights and authority within the Contract Documents in connection with completion of the entire work. The Contractor shall direct all inquires and correspondence through 1 ARCADIS, the Engineer. 1.27 PROJECT OWNERSHIP: The Contractor is advised that the Village is performing this project jointly with the- Loxahatchee Environmental Control District (ENCON). ENCON will be the Owner of the force main being relocated and will have input and inspection roles related to their utility. The ~Ilage will be required to attain ENCON's Board approval prior to the Village award of the Contract. As noted, the Village will function as the Owner under this Contract for all of the work denoted herein, and will be reimbursed by ENCON for their associated force main and appurtenances cost outlined in this Contract. 1 IB-4 WF143000 1 i 1 1 1 SPECIAL REQUIREMENTS A. SCOPE OF WORK: The work for which- this proposal is to be submitted consists of relocation of exis#ing utilities from the existing bridge crossing to underground facilities installed by directional bore. The work will include three separate bores, one 12-inch water main approximately 790 LF with four additional 2-inch conduits pulled with, one 18-inch force main approximately 875 LF, two 6-inch power conduits approximately 595 LF. The Village is replacing the Tequesta Drive Bridge, which is set for demolition immediately following this utility relocation project. It is critical that the Contractor for this portion of the work adhere to the project schedule outlined herein, so that the bridge demolition/replacement schedule is not impacted. B. PERMIT/LICENSE CONDITIONS: A ~Ilage of Tequesta and Occupational License shall be applied for, and received by the Contractor prior to the start of work. Associated fees will be the Contractor's obligation. The Owner has submitted for the following permits: - Florida Department of Environmental Protection (FDEP)/Health Dept. (HRS) - Army Corp of Engineers (ACOE) - Florida Department of Environmental Protection (FDEP) - South Florida Water Management District (SFWMD} The Contractor shall have the responsibility of meeting the above agencies requirements. The Contractor is specifically advised that plans, specifications and applications are presently in for review. As the permits become available they will be distributed. C. AGENCY NOTIFICATIONS: The Contractor shall be responsible for notifying the appropriate agencies prior to the start of the work. It should be noted that these agencies may require an on-site meeting prior to commencing this portion of the work. The Contractor shall be responsible for meeting these agencies requirements, and informing the Engineer accordingly. D. STORAGE/STAGfNGRREA; The Contractorwill be responsible for arranging fortheirown storage/staging area. The Contractor is required to submit their plan/location of the storage/staging area to the Engineer for approval. If acceptable, the Contractor will be responsible to provide adequate containers/covers and temporary fencing to protect the material/equipment from the elements. E. PROJECT INSPECTION: The Engineer will be inspecting the work on anon-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, State or Federal requirements. F. 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 ordisturbed by the Contractor, whetherdeliberatelyorthrough failure to cany aut 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. G. SEQUENCE OF WORK: The utiltiy relocation within this project was designed around the assumption that the water main relocation would be installed first. This would enable the Contractor to remove the portions of the existing water main to be abandoned and install the relocated force main. ' SR-1 W F 143000 The Contractorwill be re uired to submit fora r v q pp o al 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 #o the Owner j 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- 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 will be required to attend status meetings, if requested by the Engineer/Owner, to discuss project progress and shall 6e 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. A Progress meeting will be held weekly onsite. J. ALTERNATE BID ITEMS (Options): These items would be implemented if the Owner decided to change the pipe material for the directional bore installations from DR9 HDPE to DR11 HDPE. K. AWARD: The Contractor shall be required to attend a special Village Council meeting to award the Contract. The tentative date for the Special Council Meeting is March 5, 2009. The Contractor is specifically advised that this date may change. L. 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 shall require a maintenance of traffic plan approved by the Engineer and Village. The Contractor will be responsible for all maintenance of traffic for the project. The Contractor shall coordinate all maintenance of traffic plans with the Engineer and Tequesta Police Department. Any road or lane closures shall required a minimum of 48 hours notice. The Village has a portable traffic signal system that it may wish to utilize during construction.. The Contractor will be required to coordinate with the Village in the use- of the portable traffic signal system and incorporate it into the Contractors maintenance of traffic plan for this project. 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. 4. The Contractor shall maintain all sod and seed/mulch areas as follows; - Water the restored areas through final completion of the project. 1 SR-2 W F 143000 n t ~I r 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. It shall be the Contractors obligation to restore any landscaping that is disturbed to the same condition prior to the start of the work at no cost to the Owner. 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) full copy provided to the Engineer. 9. The Contractor shall restore the 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, rivers and lakes. 11. The Contractor shall schedule all inspections at least 48-hours in advance. All underground installations must be uncovered for inspection. 12. The ALOE has required a "FRAC OUT" plan for this project. The "FRAC OUT" plan is included in Appendix A. The Contractor is responsible for all requirements of the "FRAC OUT" plan including providing services of an onsite qualified biologist during all construction activities. 13. Construction Schedule: The Contractor shall complete the water main relocation and abandon the existing water main prior to placing the force main into service. S R-3 W F 143000 PROPOSAL .~ TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 ~~ FROM: ~) c V ~r y` 7'1/ J'~~V! CAS TH17~1 T~. trL~ _ //~~ ~ _I' ~uE ~,~~ ~r ~r r t '~ (Herernafter referred to as Bidder) ~s Gentlemen: The undersigned, as Bidder, proposes to famish all labor, materials, equipment, services, and incidentals necessary to pertorm all work in accordance with the Contract Documents entitled: Village of Tequesta, Tequesta Drive Bridge Utility Relocates. Bidder has also received addenda numbers ~ through _, and has 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 coAusion or fraud, or other illegal practices. i 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 ~i'; is shorter. -" 3. To enter into and execute an Agreement on the basis of this Proposal, within twenty (20) 1 calendar days after the notice of award of the Contract is issued. To famish the 100% Performance Bond and 100% Payment Bond in accordance with the Contract Documents. Failure to execute the Contract and famish said Bonds within twenty (20) days shall cause bid security to be forfeited, not as penalty, but as fixed and liquidated damages for costs and 1 expenses incurred, payable into the funds of the Village. 4. 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 speafied in Article 3 of the Construction Agreement. 5. In the event of multiplication, addition, or clerical errors on the Proposal Forms, the Village may correct these errors to clarify the Bids. The information which results in the lowest cost utilized to the Village will be considered correct, and therefore P-1 WF143000 VILLAGE OF TEQUESTA TEQUESTA DRIVE BRIDGE - UTILITY RELOCATION UNIT PRICE BID SCHEDULE - . Item No. Estimated Descri 'on Quan ' Unit Unit Price Estimated Amount a E WATER MAIN RELOCATION 1 12-inch DR 9 HDPE Directional ~' Bore 790 LF b1. y3 t~2 (,~ -~ ~" 2 Four (4) 3-inch DR 9 HDPE Conduits (Pulled with 12-inch DR - 9 HDP 790 LF ~. Z'1 - ~ 3 Two (2) 6-inch FPL Conduits 4 Directional Bore 595 LF t3~. $o ~ . 3S 10-inch DI Pi 420 LF ~ ~. •~ 3tv 5 li-inch DI Pi 80 LF o . ~- 6 10-inch RSGV 1 EA ~ , . 7 $ 8-inch RSGV 1 EA Z o 1 '° Za t Z. `° 9 DI Fittin s 2350 LBS (o , o ~ ~. &inch Tie-in 1 EA -I °~ . S a, r 10 10-inch Tie-in 2 EA Z ~ (, ~ 11 Sam le Points 4 EA S'IS.~ 2 3 w 12 Water Maur ARV 3 EA a 20, ~ 1 Z o '~ 13 As halt O n Cut Re r 110 SY 43 S 50 14 Concrete Sidewalk 600 LF $~, So ~ •d 15 2" HDPE Water Service 1 F~ qo ZS , o ?.S 16 Bahia Sod 1,980 SY . qS 1 . "' 17 Ro I Palms Relocate/Reinstall 5 EA So." 1 ZSo ~ Maintenance of Traffic Water 18 Main 1 LS ~ .,~ '° ~ 19 FPL Direct Bury 60 LF ~ c "w (,~, WATER MAIN RELOCATION SUB-TOTAL FORCE MAIN RELOCATION 'bf1 665. a 1 1 18-INCH DR 9 HDPE Directional B 2 ore 875 LF Zq I y (,~ 16-inch DI Pi 60 LF , •~ S p ~ 3 DI Flttin s 1675 LBS tow ~ w 4 Tapping Sleeve and 16-inch Plug Valve 2 F~4 (, 454. So 5 6 Disconnect Existin Force Main 2 EA F Z ~ •~• ~bV ~, orce Main ARV 2 EA 1 Z 6 Z- `~ 7 Concrete Sidewalk 175 LF 'I.sn on Z. ~ 8 Bahia Sod 800 SY I.O . •• 9 Ro al Palms Relocate/Reinstall 3 F~4 er,~, w p ~. Maintenance of Traffic Force 10 Main 1 LS S ~ w 5 ~ •• 1 FORCE MAIN RELOCATION SUB-TOTAL 310 'i 43.2 WATER MAIN AND FORCE MAIN RELOCATION TOTAL -t ~S 3 9~ P-2 WF143000 VILLAGE OF TEQUESTA TEQUESTA DRIVE BRIDGE UTILITY RELOCATION UNIT PRICE BID SCHEDULE ALTERNATE BID ITEMS Item No. Descri tion Estimated Quanti Unit Unit Price Estimated Amount WATER MAIN RELOCATION ~ 12-inch DR11 HDPE Directional Bore 790 LF 6 5 23 3 0 0 FORCE MAIN RELOCATION 1 1&inch DR11 HDPE Directional Bore 875 LF 37 ~ P-3 WF143000 1 The following is a complete list of the subcontractors to be used if the undersigned is awarded the Contract for this project. The subcontractors pertorming more than $25.000 work (equipment and labor) on this project must 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 Mfle.~.n.E o~oq~9r _E ~,~. ~or~s.~lTs,tirs Zc~Q,1 SE. a ~~.,,. 4~.,D STS Z ~ STS a~~ FC . ~, ~, Qa Ia- ?~y.cc~ ~. ~4~tS'I Dated this Z~_ day of ~ ~ (I onth) ~) CSOR~PLORATE t Contractor. ~ T.~ ATV S E2y-c ~c A~rN~.,,g~~ - Address: S r w ~ E S., t~ ~l3 Qe~ s`~ - ~~~~ '~ 3 A~t8 L~ ~~ By: P~~s ~-~F,~•a- Title: P-4 WF143000 1 1 TRENCH SAFETY ACT (90-96, Laws of Florida) Bidder acknowleges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safeiy Act (90-96, Laws of Florida) effective October 1, 1990. The bidderfurther identifies the costs of such compliance to be summarized below: Trench Safety Unit of Measure Measure Unit Unit Extended ~Descriotion) LF/SF Quanti Cost Cost A. T~~rcdl S3oY ~~R- DE~ °vEfL 5` fir B. H-A~~ (+r41 S Fv~ ~E 1~1 tw P.tip ARvn~ ~ ~6Mtil C. ~E~.lw _ D. T~`~~ As NE~D~p tM- "t-itErtit~65 ~ f 4~ ATF~ Iw "CI~Er"- TOTAL ~ SOoo . °~ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL-TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non-responsive. Contractor agrees that the above safety compliances and costs are included in his bid package .~.. Signature of Bidding Contractor TSA-1 WF143000 ' BID BOND 1 1 u 1 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,'CONNECTICUT 06183 KNOW ALL MEN BY THESE PRESENTS, That we, Utility Services Authority LLC, 6001 Schooner, Belleville , M148112 as Principal hereinafter called the Principal and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Tequesta, 136 Bridge Road, Tequesta, FL 33469 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Accompanying Bid -- ($ 5"/, ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally firmly by these presents. WHEREAS, the Principal has submitted a bid for Tequesta Drive Bridge Utility Relocation NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faint contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of February, 2009 r fitness) 1 tility Se Auth rity LLC (Principal) (Seal) .~ ('T'tIe) TRAVELERS SUALTY TY COMPANY OF AMERICA L By Ste en K. Brandon, -i?1-p=act Printed in cooperation with the American Institute of Architects {AIA} by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1869-G (07-97) 1 1 ~ POWER OF ATTORNEY YRA~/ELERS J Farmington Casualty Company St Paul Guardian Insuranee Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Undenvritets, Inc. Travelers Casualty and Barely Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 215736 Certificate No. ~ ~1 ~ ~ `~' V 9 8 I{NOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insuranre Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwrters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John L. Budde, Steven K. Brandon, Susan L. Belloli, T. J. Griffin, Terence 7. Griffin, Terri L. Young, and William A. Pirret of the Ciry of Farmington i-Tills ,State of Michigan ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of.,guarantceing the fidelity of persons, guarantceing the performance of contracts and executing or guaranteeing bonds and undertakings required or pert6ed'in moms o,~rdings allowed by law. ~ ;'~~> ~~! ~ -~~ ice-' fi da oWf Tl ~ OW~I;IEREOF, the Comp2007 have caused this ins~to'b~e srte~ 3~at`t,~the~r~~orp~orate seals to be hereto affixed, dtis 9th . ~.x , ? ~ Y 't~ ~ _ ~- s Farmington Casualty Cont'p'~atry~ -~ ~ ,~v~ " St. Past Guardian Insurance Company Fideli and Guaran ty ty~ (~$or~pa~y~~` St. Paul Mercury Insurance Coml~Y Fidelity and Guaranty ~nstrraa~e~)nderwrrters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Sut~y Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 2 p1.6U.~}L ~ SnrETy `P 6 0~.-'^=`9 JPY INSN,P sJ'e'[Y ~hp• s r_ 9 ti 2~ o ~ ,y~ ~ ~~J 927 e .~ ~ fie" {P=flA>E.sP ei0"~.~rf ,n : `9~ d < ~y~.,~ d S O ~ 1~+ ~ i ~~H o rte. < t~ttt~ ; ..nMN • l ,` iy J e J COrdi. ti0ai 8 tp ~ ,~ ~. a 1' w~ ® ~~SEAfL•o ~ SSBL%r d' bar . ~~ ~ ~ ~~NEYi~ ~'rxeNCE ~sfy~ jµ~'~ ei~{aa ~rdt a~ae ~ • ~ ~ Mtl~ State of Connecticut City of Hartford ss. By: Georg Thompson, enior rce President On this the 9th day of October 2007 before me personally appeared Geo ae W. Thompson, who acknowledged himself to be the Senior vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Comparry, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T~ In Witness Whereof; I hereunto set my hand and official seal. ~ A My Commission expires the 30th day of June, 2011. ~ pt~su~b` ~c~f1 ani~ e . ~ Marie C. Tetreault. Notary Public 58440-5-07 Printed in U.S.A. 1 CONSTR UCTION AGREEMENT THIS AGREEMENT is dated as of the~_ day of in the year 2009 by and between THE VILLAGE OF TEQUESTA (hereinafter called OWNER) and UTILITY SERVICES AUTHORITY, LLC. (hereinafter called CONTRACTOR). .OWNER and CONTRACTOR, inconsideration of the mutual covenants hereinaftersetforth, 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: For the complete construction of the Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Village of Tequesta, Tequesta Drive Bridge Utility Relocation. ' Article 2. ENGINEER. The Project has been designed by: ARCADIS US, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 ARCADIS is hereinafter called ENGINEER and will 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 sixty (60) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within seventy five (75) 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 a penalty) CONTRACTOR shall pay OWNER Seven Hundred and Fifty Dollars ($750.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion of the Work. After substantial completion if Contractor shall neglect, refuse or fail to complete the remaining work within the Contract time or any proper extension granted by Owner, Contractor shall pay Owner Three Hundred and Seventy Five Dollars ($375.00) for each day that expires- after the time specified in paragraph 3.1 for completion and readiness for Final payment. ' Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds at the unit prices defined within the Proposal. CA-1 W F 143000 1 1 1 1 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th 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 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of work completed except as modified by Section 5.3 of this Agreement. 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 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. J 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. 5.3.Retainage Reduction: In accordance with Florida Statues 255.078, when the construction reaches 50% completion, the Contractor may apply for a reduction in retainage. For purposes of this determination, "completion" shall exclude stored material and general "job costs" such as mobilization, bond and insurance, field office cost, etc. Additionally, for purposes of this determination each major discipline (electrical and instrumentation, structural, mechanical) shall, independently, each achieve 50% project completion in order for the entire project to be considered 50% complete. Regardless of the foregoing, nothing herein shall require the Owner to reduce retainage to the Contractor if the Owner has determined that the Contractor is in default, or if the Owner or any of its consultants reasonably believes that the retainage and/or future payments to the Contractor will not be enough for the Owner to complete the project or cover its damages as a result of Contractor breach or default or for any other reason, or there is a good faith dispute by the Owner against its bonding company. The Owner shall have the right, but not the obligation, to withhold from payment, at a minimum, the Owner's or Engineer's estimated cost of completion for the list of items prepared pursuant to Article14.02 A. of the General Conditions. Article 6. INTEREST - N/A CA-2 WF143000 1 r 1 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 fumishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SGC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 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 fumishing of the Work as ' CONTRACTOR considers necessary for the performance or fumishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 ' of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are orwill be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional .examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 1 1 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consists of the following: 8.1. This Agreement (pages 1 to 5, inclusive). CA-3 WF143000 8.2. Performance and other Bonds consistin f 4 g o pages. ' 8.3. General Conditions (pages 1 to 42, inclusive). 8.4. Supplementary Conditions (pages SGC-1 to SGC-9, inclusive). 8.5. Specifications bearing the title Village of Tequesta, Tequesta Drive Bridge, Utility Relocation and consisting of 2 divisions and 14 Sections, as listed in the table of contents thereof. 1 8.6. Drawings consisting of Sheets numbered 1 through 10 inclusive with each sheet bearing the following general title: Village of Tequesta, Tequesta Drive Bridge Utility ' Relocation. Refer to General Requirements. 8.7. Addenda numbers 1 to 2 and Clarification 1, inclusive, (Bound in back of documents). ' 8.8. CONTRACTOR's Proposal (pages P-1 to P-4, inclusive). 8.9. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and o#her documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. ' 8.10 The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. ' Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions ' will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party ' sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and t 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. ' Article 10. OTHER PROVISIONS. CA-4 WF143000 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on ~° ~ ~-- ~`°°"` ~ , 2009. OWNER: ' VILLAGE OF TEQUESTA BY c7~ Attest ,t Address for giving noticest'i P.O. Box 3273 Tequesta, FL 33469-0273 (561) 575-6200 ,, ~~•E .off ~~~~~: .~ , RP®. F G® R9> ~~ ~ qL ~~4RPpRgTED CONTRACTOR: UTILITY SERVICES AUTHORITY, LLC By [CORPORATE SEAL] Attest .~ Address for giving notices 523 NW Mercantile Place, Suite 113 Port Saint Lucie, FL 34986 (772) 344-9339 License No. CGC151113 If CONTRACTOR is a corpora- tion, attach evidence of authority to sign.) W F 143000 RESOLUTION OF CORPORATE BOARD I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Utility Services Authority, LLC and the keeper of the records of said LLC: that the following is a true and correct excerpt of a resolution duly adopted a meeting of the Board of Directors thereof held-in accordance with the by-laws at its office at 6001 Schooner Drive, Belleville, MI 48111 on the 15th of July, 2005, and the same is now in full force: "Mark S. Helsel, member of Utility Services Authority, LLC is specifically authorized for, on behalf of, and in the name of this LLC to bind the LLC and to execute in such form as maybe required any instrument of document deemed necessary or required to carry out the authority described herein." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary of said LLC this 15th day of July, 2005. Acting without Seal Cherri A. Helsel Secretary Utility Services Authority, LLC Bond #105234740 Y ` Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plwal where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place Utility Services Authority, LLC of Business): 6001 Schooner Drive Travelers Casualty and Surety Company of America ' Beileviile, iv11 48111 1441 West Long Lake Road, Suite 300 Tro MI 48098 OWNER (Name and Address): y, Village of Tequesta ' 250 Tequesta Drive Tequesta, FL 33469 CONTRACT Date: -~-• ~~ ° G' Amount. $756,935.85 Description (Name and Location): Tequesta Drive Bridge Utility Relocation, Tequesta, FL ' BOND /~ / Date (Not earlier than Contract Date): 7 "' ~(.c "°a~ Q Amount: $756,935.85 Modifications to this Bond Form: ' CONTRACTOR AS PRINCIPAL Company. Signature: Name and Title: SURETY (Corp. Seal) Company: Signatwe: Name and Title: (Corp. Seal) JCDC No. 1910-28-A (1996 Edition) ~ginally prepared through the joint efforts of the Surety Association of America, Engineers Joint Documents Committee, the Associated General Swety and Contractor, intending to be legally bound hereby, subject to the tensts 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 .. _ Com an P y Utility S~ uthority;°t ~ ~~ . ~1) Company: Travel Ca ety(g~~r of America Signature: ~ _ _ ,_,__--~- Name and Title: Signatwe: tai SAN ~,`"'~-o°`` - P;~,~;, oE,~,; Name , e: t en K. Brandon, Attorney-~n- act ~J'7fJ-M±~iE-~ (Attach Power of Attorney) `~~ 7 (Space is provided below for signatwes of additional parties, if required.) ~~ Jay . W dy, icensed Residen Agent 23 - 75-8226 00610-1 Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. L The CONTRACTOR and the Surety, jointly and severally, bind themselves, their denied pliability, in whole or in part, without fiuther notice the OWNER shall be hens, executors, administrators, successors and assigns to the Owner for the entitled to enforce any remedy available to die OWNER performance of the Contract, which is incorporated herein by reference. 2. If the CONTRACTOR perfonvs the Contract, the Surety and the CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under dun Bond shall arise after: 3.1 The OWNER has notified the CONTRACTOR and the Surety at the addresses described in paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Defauh and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contrack If the owner, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Contract, but such an agreement shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and 6. After the OWNER has terminated the CONTRACTOR's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OWNER shall not be greater than drone ofthe CONTRACTOR under the Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contrack To a limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation ofcosts and damages on die Contract, the Surety is obligated without duplication for. 6.1 The responsibilities of the CONTRACTOR for correction of defective Work and completion of the Contract; 6.2 Additional legal, design professional and delay costs resulting linen the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of the CONTRACTOR. 3.2 The owner has declared a CONTRACTOR Default and formally terminated the CONTRACTOR'S right to complete the Contract Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in paragraph 3.1; and 3.3 The owner has agreed to pay the Balance of the Contract Price to; 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2. Another contractor selected pursuant to paragraph 4.3 to perform the Contrack 4. When the owns has satisfied the conditions of paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent c~tractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER'S concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract ]'rice incurred by the OWNER resulting from the CONTRACTOR Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain anew contractor and with reasonableprompTcress render the circumstances; 4.4.1. After investigations, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor. 7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are um~elated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted irr anycx»ut of competent jurisdiction in the location in which the Work ~ part of the Work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or widen two years after the Surety refuses or fails to perform its obligations under des Bond, whichever occrus first If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to surities as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or oilier legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The invent is, that this Bond shall be construed as a statutory Bond and not as a common law bond. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the OWNERto the CONTRACTOR ands the Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled, reduced by all vahd and proper payments made to ~ on behalf of the CONTRACTOR under this Contract 12.2 Contract: The agreement between the OWNER and the CONTRACTOR idantified on the signature page, including all Conhact Documents and changes thereto. 5. If the Surety does not proceed as provided in paragraph 4 with reasonable i2.3 CONTRACTOR Default: Failure of the CONTRACTOR, which has promptness, the Surety shall be deemed to be in default on this Bond fifteen days neither been remedied nor waived, to perform or otherwise to comply with after receipt of an additional written notice from the OWNER to the Surety the terms of the Contract. demanding that the Surety perform its obligations under this Bond, and the OWNER 12.4 OWNER Default: Failure of the OWNER, which has neither been shall be entitled to enforce any remedy available to the OWNER If the Surety remedied nor waived, to pay the CONTRACTOR as required by the Proceeds as provided in paragraph 4.4, and the OWNER refuses the payment Contract or to perform and complete or comply with the other terms tendered or the Surety has thereof. 00610-2 Bond #105234740 S Payment Bond ' Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Utility Services Authority, LLC ' vv~ i S%hGOner ~riVe Belleville, MI 48111 OWNER (Name and Address): Village ofTequesta 250 Tequesta Drive Tequesta, FL 33469 ' CONTRACT / g Date: ~ "" .! ~i (~ 7 Amount: $756,935.85 Description (Name and Location): r Tequesta Drive Bridge Utility Relocation, Tequesta, FL ' BOND ) 4 f./G - U~ Date (Not earlier than Contract Date Amount: $756,935.85 Modifications to this Bond Form: SURE7`Y (Name and Address of Principal Place of Business): Travelers Casualty and Surety Company of America 1441 West Long Lake Road, Suite 300 Troy, MI 48098 ' 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 S~-I-y Company:Utility ~-~ Author' y~, rp~eal) Company: Traveler su ,It nd ure ~~~~~ of America ' Signature: _~ .....__- ~ Name and e: C~t=t ~-.r r5;;;~rrorl - /P~^~s~ o ~rJ~ Name and ttle: Steven K. Brandon, Attorr~e~~-in-Fact M~ Nrr ._=.~ y (Attach Power of Attorney) ' (Space is provided below for signatures of additional parties, if req ' ed.) ~ ~~~- a ody, Licensed Resi t FL Agent 23 -275-8226 ,CONTRACTOR AS PRINCIPAL Company: ' Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-28-B (1996 Edition) 'ginally 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. SURI/ I'Y (Corp. Seal) Company: 00620-1 (Corp. Seal) 0 1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their Surety. heirs, exexutors, administrators, successors and assigns to the Owner to pay far labor, materials and equipment furnished for use in the performance of the Contract, ' which is incorporated herein by reference. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall 2. With respect to the Owner, this obligation shall be null and void if the be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond By the CONTRACTOR furnishing and the OWNER accepting CONTRACTOR: this Bond, they agree that all fiords earned by the CONTRACTOR in the 2.1 • Promptly mattes payment, directly or indirectly, for all sums due performance of the Conract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority Claimants, and to use the funds for the completion of the Work. 2.2. Defends, indemnifies and holds harmless the OWNER from all claims, demands, liens or suits by any person or entit h f i h d l b 9. The Surety shall not be liable to the O WNER, Claimants or others for obligations f th CONTRAC y w o urn s e a or, materials or equipment for use in the performance of the Contract, o e TOR that are unrelated to the Contract. The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond and provided the OWNER has promptly notified the CONTRACTOR and , shall have under this Bond no obligations to make paymenss to, give notices on the Surety (at the addresses described in paragraph 12) of any claims, behalf of, or otherwise have obligations to Claimants under this Bond demands, liens or suits and tendered defense of such claims, demands, liens or suits to the CONTRACTOR and the Surety, and provided there 19. The Surety hereby waives notice of any change, including changes of time to is no OWNER Default. , the Contract or to related Subcontracts, purchase orders and other obligations. ' 3. With respect to CLumaats, this obligation shall be null and void if the CONTRACTOR promptly makes payments, directly or indirectly, for all sums due. 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 r t f th 4. The Surety shall have no obligation to Claimants under this Bond until: par o o e Work is located or after the expiration of one year 5nm the date (I)on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on ' 4.1 Claimants who are employed by or have a direct contract with the which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract whichever of CONTRACTOR have given notice to the Surety (at the addresses , (1) or (2) first occurs. If the provisions of this paragraph are void or prolu'bited by described in paragraph 12) and sent a copy, or notice thereof, to the law, the minimum period of limitation available to surdities as a defense in the OWNER, stating that a claim is being made under this Bond and, with jurisdiction of the suit shall be applicable. substantial accuracy, the amount. of the claim. 12. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or 4.2 Claimants who do not have a direct contract with the CONTRACTOR: delivered to the addresses shown on the signature page. Actual receipt of notice by 1. Have furnished written notice to the CONTRACTOR and sent a cwpy Surety, the OWNER or the CONTRACTOR, however accomplished, shall be sufficient compliance as of the date received at the address shown on th i t ' , or notice thereof, to the OWNER, within 90 days after having last e s gna ure page. performed labor or last lirmished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim 13. When this Bond has bexar furnished to comply with a statutory or other legal and the name of the party to whom the materials were famished or li requirement in the location where the Contract was to be performed, any provision supp ed or for whom the labor was done or performed; and in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 2. Have either received a rejection in whole or in part from the requirement shall be deemed incorporated herein. The intent is that this Bond shall CONTRACTOR, or not received within 30 days of furnishing the , be construed as a statutory Bond and not as a common law bond above notice any communication from the CONTRACTORby which . the CONTRACTOR had indicated the claim will be paid directly or 14. Upon request of any person or entity appearing to be a potential beneficiary of mdu+ectly; ~ this Bond, the CONTRACTOR shall promptly famish a copy of this Bond or shall permit a copy to be made: 3. Not having been paid within the above 30 days, have sent a written notice to the Surety and sent a copy, or notice thereof, to the 15. DEFINITIONS OWNER; stating that a claim is being made under this Bond and enclosing a copy of the previous written notice finnished to the 15.1 Claimant: An individual or entity having a direct contract with the CONTRACTOR CONTRACTOR or with a Subeonhactor oftire CONTRACTOR to famish labor, materials or equipment for use in the performance of the Contract. 5. If a notice required by paragraph 4 is given by the OWNER to the The intent of this Bond shall be to include without limitation in the terms CONTRACTOR or to the Surety, that is sufficient compliance. "labor, materials or equipment" that part of water, gas, power light heat ' 6. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall , , , oil, gasoline, telephone service or rental equipment used in the Contract, architectural and engineering services required for performance of the promptly and Work of the CONTRACTOR and the CONTRACTOR's Subcontractors, at the and all other items for which a mechanic's lieu may be asserted in the Surety's jurisdiction where the labor, materials or equipment were fumrished. expense take ' the following 15.2 Contract: The agreement between the OWNER and the CONTRACTOR actions: identified on the signature page, including all Contract Documents and 6.1 Send an answer to the Claimant, with a copy to the OWNER, within 45 changes thereto. days after receipt of the claim, stating the amounts that are undisputed 15.3 OWNER Default: Failure of the OWNER, which has neither been and the basis for challenging any amounts that are disputed remedied nor waived, to pay the CONTRACTOR as required by the 6.2 Pay or arrange for Payment of any undisputed amounts. Contract or to perform and complete or comply with the other terms thereof. ' 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the r 00620-2 vvr~nivuv~a. info rvvvcn yr r~i ivnrvr=r is IIV VFILIV VVI InVV I inr= nw ovn~Ln ~~, POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 215736 Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint John L. Budde, Steven K. Brandon, Susan L. Belloli, T. J. Griffin, Terence J. Griffin, Terri L. Young, and William A. Pirret of the City of ]Eaxmingtan_H111s ,State of ~irhigan ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their busjness of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in aqy actions or prcaceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrutrtertt~ to be signed and their corporate seals to be hereto affixed, this 9th day of October 2007 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company; St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Or.su,~~ pgN1Y1~ SURE7y .mF~Rt'""6"xw,~ ~`N iN~~~ ...+ ~r+s q•.; ~p~rv Apes W°yuntry ~yty,l,~ ~' epP~ R1 ~ ~c^pra°q ]4 ~ -r , Q.O.. , 9 3r'`J ,........... N : G Q O ~ 4 P~ pP0 1 4;' ~ rP ~' ~, ~ pICCRPORATED Az ~" ~~ce ..?~>. m m:~°e F._~,; em ~ Qp t 9 a z o '~ 1977 192 7 ~ ~ s - a : _._ . ~ : a HARTFORD t NaarFnRD.I ~ q~ Tess -, .~, c„'rE _,s D ~ ~ 1951 a N, », ~ ~ ~~..SE ALiof >>~.SEALi3' ~, CONN. o CONN. J~ day . ^~N, ~~ *~ 9~` OFryFN~ ~~"' n`C~~""°,.i`~~ °'1sM AN~.art °iS........:'~,~~°„f syl nN~Dr i'.._ ~,~fA~ .I/N/! Ati'~~ . .. ....,..+° i.r+ State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President On this the 9th day of October 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~G,Tl7 In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2011. ~ ~L~G +19y t,K'~'$ Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Computy, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretuy; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice PresidenC, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Pau] Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety company-of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and afltlsed the sets of said ~.'t7t~panies this day of , 20 ~ 3 ~~~ ~. ~~ ~y ~~^, ~~ Kori M. Johans Assistant Secretary nl~ uu Eip~4~yn .~"r11 n v uMVpvmy G~u~nSUq~T $U.REIY J FAR 4 y~ ~~N,~MS 'pJ ~NSU ". JP~.v AH° ~~~ ~yty~ OSP~•g1j~i n ~ ~ 7~6 NCDRFDtt/ltfD ` * y'T ~T' ~ oRPORA)F~m }W~:`OpPOHgTty~t^`; L~ //' ~~ ~' o~~ D i 9 / / ~ 1 192 7 =ry' ~ ~ "' ; " £ _'_ ; n : mP HARTFORD. t 3 H4fiF6RD, ~ ~ ~~OIFp~. ` a 7896 t € ~:. :~; ~~: ~o: ~ CONN. n ~~CON.R`n ~,~(~~ s + ~ i95 N9 # '2 °. ~~SEAL.o, -''t~~d:.SEAL.''a= m ° \ J~`" ~y . ~`' .~ A~ ~OF NEW °0 ~Fn NCE a15~AN~f ~*++S.. ~~~db ed! a~si ~t... +,~~ ~r~'j AMt ` w n To verify the authenticity of this Power of Attorney, cal] 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ' April 13, 2009 Utility Services Authority, LLC 6001 Schooner Drive ' Belleville, MI 48112-0910 Re: Principal: Utility Services Authority, LLC ' Obligee: Village of Tequesta Project: Tequesta Drive Bridge Utility Relocation, Tequesta, FL Bond #105234740 ' To Whom It May Concern, ' We, as Surety, do hereby authorize Utility Services Authority, LLC, as Principal, or the Village of Tequesta, as Obligee, to date the above referenced Performance and Payment Bond with supporting Power of Attorney to coincide with the effective date of the t captioned project. Although authorized to date bond, neither Obligee nor Principal are authorized to make any other changes to Performance and Payment Bond forms. ' Sincerely, ' Travelers Casualty and Surety Company of America ' By~ Lo ~8`teven K. Brandon, Attorney-in- t 1 ' 37000 Grand River, Suite 150 P.O. Box 2999 ~ Farmington Hills, MI 48333-2999 Phone (248) 471-0970 Fax (248) 471-0641 ' www.gswins.com 1 1 1 1 1 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 CONIIVIITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS TAl PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepazed 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) I' `.l 1 ii ' 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 ~ _ r TABLE OF CONTENTS r ARTICLE 1 - DEFINl'I'IONS AND TERMINOLOGY ................. 1.01 Defined Terms """"""""""'•••• ..................................................................................... ..............................................................6 1.02 Terminology ..............:...................................... .........................................................8 ......................................... ARTICLE 2 -PRELIMINARY MATTERS .................................................................................. :...............................................9 2.01 Delivery of Bonds ....................... ..................................................................................... 9 ......................... . 2 Copies of Documents .................. ................................................................................................... .................... .03 Commencement of Contract Times; Notice to Proceed ...................................................................................9 2.04 Starting the Work ............... .............................................................. .................................................................9 2.05 Before Starting Construction ............................ ........................................................................................... 2.06 Preconstruction Conference ""' .............................................................................................................................10 2.07 Initial Acceptance of Schedules ..........:....................................................................... ......................................10 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................... ..........................10 3.01 Intent .......................................................................... ............................................................................. 3.02 Reference Standards........,,.. """""' 0 ............................................................................. ............................................10 ..... .03 Reporting and Resolving Discrepancies ................. .........................................................11 ................................. 3.04 Amending and Supplementing Contract Documents ...................................................... ..................................11 3.05 Reuse of Documents ..................................... ......................................11 ............................................................... ARTICLE 4 - AVAILABII.ITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ............... ....................... ......................................1 l .... ........................................................................ ............. 4.01 Availability of Lands ............. ............................................................................................................................11 4.02 Subsurface and Physical Conditions ................................................................................................................12 4.03 Differing Subsurface or Physical Conditions ...................................................: ................................12 ............... .04 Underground Facilhies ............................. ...............13 ......................................................................................... 4.05 Reference Points ................... .................................................................................................... ......................... 4 M 4.06 Hazardous Environmental Condition at Site ....................................................................................................14 ARTICLE 5 -BONDS AND INSURANCE ......................... :15 5.01 Performance, Payment, and Other Bonds ........................................................................................................15 5.02 Licensed Sureties and Insurers . ..................................... 15 5.03 Certificates ojlnsurance .................................. 5.04 CONTRACTOR 's Liability Insurance ..............................................................................................................15 5.05 OWNER's Liability Insurance ..........................................................................................................................15 .16 5.06 Property Insurance ............................................................................................................................................16 5.07 Waiver of Rights ........................... .............17 ........................................................................................................ 5.08 Receipt and Application of Insurance Proceeds ....................................... ...................................................... 18 5.09 Acceptance of Bondy and Insurance; Option to Replace ................. ,,,,,,,,,,,,,,,,,,,...1 g .......................................... 5. I 0 Partial Utilization, Acknowledgment of Property Insurer ......................... ,,,,,,,,,,,,,,,1 g ....................................... ARTICLE 6 -CONTRACTOR'S RESPONSIBII..I1'IES ...................................... ..18 . ...................................................................... 6.01 Supervision and Superintendence ..................................... .......................18 ......................................................... 6.02 Labor; Working Hours ................................... .................................................................................................. 19 6.03 Services, Materials, and Equipment ............................... .........................19 ......................................................... 6.04 Progress Schedule ............................... ................................................19 .............................................................. 6.05 Substitutes and "Or-Equals " ........................................ .......19 1 ............................................................................. 6.07 Patent Fees and Royalties ............................................. ............21 ........................................................................ -3- i 1 6.08 Permits .......................................... .....................................................................................................................22 6.09 Laws and Regulations .......................................................................................................................................22 6.10 Taxes ........................................................... ...... .......... .......................................................................................22 6.11 Use of Site and Other Areas ..............................................................................................................................22 ..................... 6.13 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 ........... .18 Continuing the Work ............................ .............................................................................................................25 6.19 CONTRACTOR 's General Warranty and Guarantee ...................... ................................................................25 6.20 Indemnfication ..................................................................................................................................................25 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 SRepresentative .......:........................... .........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 ......................................................................................... 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 IN THE WORK; CLAIMS ...............................................................................................................29 M 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 Not f cation to Surety .......................................................................... ......................................................30 ...... 10.05 Claims and Disputes .......................................................................................................................................30 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNTT PRICE WORK .........................................................30 11.01 Cost of the Work .................:............................................................................................................................30 11.02 Cash Allowances .................................................................................... .....................................................32 .... 11.03 Unit Price Work ..............................................................................................................................................32 1 1 ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT' TIMES ...................................... .................33 12.01 Change of Contract Price ................................................................................................._............................33 12.02 Change of Contract Times ..............................................................................................................................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 ......................................................................................................................................34 13.04 Uncovering Work ............................................................................................................................................35 13.05 OWNER May.Stop the Work ...........................................................................................................................35 13.06 Correction or Removal of Defective Work .........................................:...........................................................35 13.07 Correction Period ...........................................................................................................................................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 Yalues ........................................................................................................,.................................37 14.02 Progress Payments ..........................................................................................................................................37 1 14.03 CONTRACTOR'S Warranty of Title ...............................................................................................................3$ 14.04 Substantial Completion ...................................................................................................................................39 14.05 Partial Utilization ...........................................................................................................................................39 14.06 Final Inspection ...............................................................................................................................................39 14.07 Final Payment ................................................................................................................................................40 14.09 Waiver of Claims .............................................................................................................................................40 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ............................................................................................41 15.01 OWNER May Suspend Work .........................................................................................................................41 15.02 OWNER May Terminate for Cause ................................................................................................................41 15.03 OWNER May Terminate For Convenience ....................................................................................................41 15.04 CONTRACTOR May Stop Work or Terminate ..............................................................................................42 ARTICLE 16 -DISPUTE RESOLUTION .....................................................................................................................................42 16.01 Methods and Procedures ................................................................................................................................42 ARTICLE 17 -MISCELLANEOUS ..............................................................................................................................................42 17.01 Giving Notice ...................................................................................................................................................42 17.02 Computation of Times .....................................................................................................................................42 17.03 Cumulative Remedies ......................................................................................................................................42 17.04 Survival ojObligations ...................................................................................................................................42 17:05 Controlling Law ..............................................................................................................................................42 u r 1 1 ~l . _, GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 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 for Payment-The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. 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. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents--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 reports 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 famished 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 final payment. 9. Change Order-A document recommended by ENGINEER which is signed by CONTRAC'T'OR 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 l 1.O1.A for definition. ~ s 1 1 ~' r 1 1 17. Drawings--That part of the Contract Documents prepazed 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 aze not Drawings as so defined. 18. Ejfective 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 furnish 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 all 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 teml 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 all 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 into the Agreement and for whom the Work is to be performed. 31. Partial Utilisation--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 1954 (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 standazds by which such portion of the Work will be judged 1 1 1 ~~ 1 1 1 :1 r 1 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 fiumished by OWNER which are designated for the use of CONTRACTOR 41. Spec fcations-That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standazds, 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 time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 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 chemicals, 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, all 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 Price 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 or Adjectives 1. Whenever in the Contract Documents the temvs "as allowed," "as approved," or terms of like effect or import aze 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 9.10 or any other provision of the Contract Documents. B. Day 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 confotrn 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 1. The word "furnish," when used in connec- tion with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to famish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "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 of Contract Times: Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. 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 unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified 1 1 1 1 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 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 inswance (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- menu, 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 1 1. 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 will be provided whether or not specifically called for at no additional cost to OWNER C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, 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- 3.03 I ~I 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 6.16.A) 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 unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Drscrepancies 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- t cy between the provisions of the Contract Documents and: a. the provisions of any standazd, 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 tem~-s 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 of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or famishing 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 from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABII,ITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall fiunish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in perfomung 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 aze t it 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. B. Upon reasonable written request, OWNER shall famish CONTRACTOR with a can-ent 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 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. 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: 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 further disturbing the subsurface or physical conditions or perfornring 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, ENGIIVEER 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 knew of the existence of such conditions at the time CONTRACTOR made a fmal 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 t 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 commitment; 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 engineer;, 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 famished 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: -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- tion 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 alt 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 further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER 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 Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract ' Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable 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 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 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any -14- such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom 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 corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contact 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 t 1 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, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this 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, attorneys, 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 firrnish 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. 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 fiunished 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 Cert fcates oflnsurance 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'sLiabilitylnsurance 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 finm CONTRACTOR'S performance of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed by -15- 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 indrrectly related to the employment of such person by CONTRACTOR, or {ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by pars- ' 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 consultarits 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 not 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 famished 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- ance, 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 insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER 's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER'S option, may purchase and maintain at OWNER'S expense OWNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract 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, partners, employees, - 16- 1 r t r 1 agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance .for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, 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 ent PaYm 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 be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order 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- 1 1 i t 1 under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, 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 fine 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 of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such 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 such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance ojBonds 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 non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.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 insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any changA in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or incu*'~nce to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to 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 -18- 1 1 A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, 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 furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. Ail 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. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (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 Documents 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 Suppliers 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 equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similaz 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 determine 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 1 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 first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to famish 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 directly or indirectly from 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 furnish 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 determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for revievk by ENGINEER will be similar to that provided in subparagraph 6.OS.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 6.OS.B. ENGIIVEER will be the sole judge of accept- ability. No "or-equal" or substitute will be ordered, installed or utilized until ENGIIVEER's review is complete, which will. be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to famish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. -20- I t 1 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 support of any proposed substitute or "or-equal" at CONTRACTOR'S expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (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 fist 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 furnishing 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 perfomvng or furnishing 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 1 t t 1 any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. [f 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 infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such pernuts and licenses. CONTRACTOR shall pay all governmental chazges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there aze 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. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear "all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work 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 azeas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other azeas 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 harmless 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 chazges 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 -22- i t t [~ 1 I1 ~~ 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: I. all persons on the Site or who may be affected by the Work; Z. 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, walks, pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by 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. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER ' determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be.issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings 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 ENGIIVEER 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: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. al] 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 d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specif- ic 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- NEERfor 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 ENGINEER ENGINEER'S review and approval will be only to detemvne 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- i i the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER'S review and approval 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. t t F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGIIVEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall 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 main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. 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; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWN- ER 6.20 Indemnff cation 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 -2s- 1 t 1 L' t fl t 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 regazdless 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, pattrrers, 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. 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: I. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and ~l 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a .Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a~direct contract 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 in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTR.ACTOR's Work. CONTRACTOR'S failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER mtends to contract wrth 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- 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 of ENGINEER 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 fi:inish 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. $.OS 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 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 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress -27- t t 1 1 t t 1 t t 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 duected 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 Clarifications 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 -28- result of a written clarification or interpretation, a Claim 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 Contract 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 A. ENGINEER will have authority to disapprove or reject Work which ENGIIVEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments 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 14. 9.08 Determinations for 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 determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. t 1 1 t 1 n r t i w 1 t 9.09 Decisions on Requirements oJContract 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 an 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. ENGIIVEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be ~ responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph i4.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorised 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 are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work 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: 1 -29- Cl 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 aze 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 paza- 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. 10.04 Not fcation to Surety t 1 t L 1 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 ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepazed 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 party shall submit any response to ENGINEER and the -30- 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: I. an appeal from ENGINEER'S decision is taken within the time 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; LRVIT PRICE WORK 1 l .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 of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph I I.OI .B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER' and CONTRACTOR. Such employees shall include without limitation superinten- dents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regulaz working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER 2. Cost of all materials and equipment fui•- Wished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade dis- counts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3 P . ayments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRAC- TOR shall obtain competitive bids from subcontrac- tors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laborato- Wes, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a.The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less mazket value, of such items used but not consumed which remain the property of CON- TRACTOR c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal there- of. All such costs shall be in accordance with the terms :,f said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRAC- TOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages, and -31- t t i 1 1 t t s f 1 t 1 i~ expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, 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 in 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.O1.A.1 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. Costs 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. -32- 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 11.O1.B. C. CONTRACTOR'S Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR'S fee shall be determined as set forth in paragraph 12.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 Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the r t t 1 t t t t 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 perforzrted by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding 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 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.OI.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sure 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 - foroverhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.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 Subcontactor 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- 1 1 r t t C] t t t t 1 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.O1.C.2.e, inclusive. 12.02 Change of Contract Times 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 determined 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 time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. 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: 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 foes, 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. ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCIJ 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 governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. -34- 1 t t t ~3 t t t s 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 fiumish 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 unless CON- TRACTOR has given ENGIlVEER timely notice of CONT'RACTOR'S intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGIIVEER's observation and replaced at CONT'RACTOR'S expense. -35- 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 portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). t t t i [] t C1 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR'S use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER'S written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed -and replaced, and all Claims, costs, losses, and damages - (including but not linuted 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable- statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to -36- ENGINEER'S recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. 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) attributable to OWNER'S evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, anappropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appiiances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents and employees, OWNER'S other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, 1 and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies under this paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER'S interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR'S legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications i. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to -OWN- ER, based on ENGINEER'S observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final detemunation of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe the Work. 3. By recommending any such payment ENGINEER will 'not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed -37- J a t --1 lJ r t t t 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. 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 cleaz 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 from 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 -38- 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 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR'S performance or 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 Warranty of Title A. CONTRACTOR warrattts 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. 1 1 t n t L~ 1 t it t 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 definitive 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 final 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- t 1 t I 1 t t t t R f necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application jor Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Docu- ments, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, 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 Liens 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 famish 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 (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to famish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review ojApplication and Acceptance 1. If, on the basis of ENGINEER's observa- tion of the Work during construction and final inspec- tion, and ENGWEER'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 fuifilled, ENGINEER will, within ten days after receipt of the final Application _~_ for Payment, indicate in writing ENGINEER'S 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 of the 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 confirms, 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 ojClaims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and r~ 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in ,~, writing which are still unsettled. ARTICLE IS -SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to 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. CONTRACTOR'S persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR'S disregard of Laws or 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 firm 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. ]n 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 termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and fur- nishing labor, materials, or equipment as required by the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 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 all 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. 15.04 CONTRACTOR May Stop Wor-k 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 CONT),.ACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. 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 tights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 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. 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 Contract 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 A. All representations, indemnifications, .warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. - 42 - 1 1 t SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements modify, change from, or add to the "Standard General Conditions of the Construction Contract", EJCDC 1910-50, (1996 edition). All unaltered provisions of the General Conditions shall remain in effect. ARTICLE 1 -DEFINITIONS 1.25 NOTICE OF AWARD AND 1.26 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. 1.38 SUBSTANTIAL COMPLETION - Add the following to its definition: Substantial Completion of the work shall be evidenced by submittal and approval of record drawings, pressure test acceptance, bacteriological test results, health department clearance and having the project areas restored. ARTICLE 2 -PRELIMINARY MATTERS 2.2. COPIES OF DOCUMENTS: Delete in its entirety and substitute the following: Prior to the start of work, the Contractor shall receive two (2) complete sets of contract documents. All additionaFcopies of contract documents necessaryfor 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 or specifications will be issued. 2.3. COMMENCEMENT OF CONTRACT TIMES; NOTICE. TO PROCEED: Delete in its entirety and substitute the following: The date of commencement of the Work i;> 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 maybe established therein. 2.5. BEFORE STARTING CONSTRUCTION: Add the following to Section 2.5: Failure to report a conflict, error or discrepancy shall be deemed as evidence that the Contractor has elected to proceed in the mare expensive manner at no additional cost to the Owner. Add the following: 2.5.1. 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. Add the following: SGC-1 W F143000 e 2.5.2. 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 2.6.3: 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. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT Add the following to Section 3.2: Failure to report a conflict, error or discrepancy shall be deemed as evidence that the Contractor has elected to proceed in the more expensive manner at no additional cost to the Owner. 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 LANDS; PHYSICAL CONDITIONS; REFERENCED POINTS: Add the following: 4.2.1.1. The Contractor shall have full responsibility with respect to determining subsurface conditions at the site. 4.3.2. Delete in its entirety. 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 5.1. PERFORMANCE 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. 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. SGC-2 W F 143000 5.4. CONTRACTOR'S LIABILITY INSURANCE: Add the following: 5.4.14 The limits of liability for the insurance required by paragraph 5.4 shall provide coverage for not less than the following amounts. A. Workers' Compensation: 1. State Statutory 2. Applicable Federal (e.g. Longshoreman's) Statutory 3. Employer's Liability $2,000,000 B. Commercial General Liability: (Including Premises & Operations: Owners & Contractor's Protective; Broad Form Property Damage) 1. Bodily Injury & Property Damage: Each Occurrence $2,000,000 Aggregate $2,000,000 Product's & Completed Operations Aggregate $2,000,000 2. Personallnjury: $2,000,000 3. XCU coverage, remove exclusion (yes) 4. Contractual (yes) C. Comprehensive Automobile Liability: (owner-leased-non-owned & hired) 1. Bodily Injury 8 Property Damage: Each Occurrence $2,000,000 (or) 2. Bodily Injury: Each Person $2,000,000 Each Occurrence $2,000,000 Property Damage: 1 1 SGC-3 W F143000 Each Occurrence $2,000,000 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 (Water Main) - Village of Tequesta and their employees P.O. Box 3273 Tequesta, Florida 33469 Owner (Force Main) - Loxahatchee River Control District and their employees 2500 Jupiter Park Drive Jupiter, FL 33458 Engineer - ARCADIS US, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 The additional liability coverage for the Engineer is not to be construed as to requiring, in any way, that either the Owner ar Contractor be obligated to supply insurance protecting the Engineer for its liability emanating from professional errors or omissions. 5.4.15 In conformance with the requirements of Section 725.06, Florida Statutes, the specific _. considerations for the Contractor's promises are: A. 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; B. 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 Ownerwould not have entered into the construction contract with the Contractor. 5.6. PROPERTY INSURANCE: Delete in its entirety and insert the following: 5.6 Unless otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain property insurance upon the Work and stored material an 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 taw). 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 incurred in the repair or replacement of any insured- property (including fees and charges of engineers, architects, attorneys and other professionals). If not 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 SGC-4 WF143000 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 5.6 and 5.7 shall contain a provision that the coverage afforded will not be canceled or materially changed until at least thirty days prior written notice has been given to the Owner. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Add the following: 6.1.1. 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. Add the following: 6.7.1.1. "OR-EQUAL": Add the following: t t r 1 Any requests for the use of substitution items shall be made within 30 days of the effective date of the agreement. 6.7.1.2. Substitute Items: Add the following: Any requests for the use of substitute items shall be made within 30 days of the effective date of the Agreement. 6.7.2. Delete in its entirety. 6.8.2. Add the fallowing: Subcontractors named on the proposal form shall not be changed by the Contractor unless specifically requested per the above by the Owner or Engineer. 6.13 Add the following: The Contractor shall be required to secure all necessary permits from the Village of Tequesta. The Owner will be securing the Department of Environmental Protection/HRS Construction Permit and SFWMD permits. 6.19. 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 upon Substantial Completion of the Work. Add the following: 6.35 Additional Costs: The Contractor shall reimburse the Owner for services rendered by the Engineer when made necessary byany, or all, of the following: 6.35.1 Acceleration of the work schedule involving services beyond normal Village working hours (7:30 AM - 5:30 PM weekdays, excluding Village observed holidays). SGGS W F 143000 t 6.35.2 Default by the Contractor or an subcontractor. Y 6.35.3 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: 6.35.4 Work damaged by fire or other causes during construction. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION `~ 9.1 OWNER'S REPRESENTATIVE: ~, Delete the first sentence and substitute the following: 9.1 If the Owner and Engineer agree, Engineer will be Owner's representative during the construction period. ARTICLE 13 - TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK TESTS AND INSPECTIONS: Delete paragraph 13.4 13.5 Add 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 re-testing requested by the Engineer shall be paid for by the Contractor. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.2 APPLICATION FOR PROGRESS PAYMENTS: Delete the first three words of the first sentence and insert the fallowing: At least thirty ..... 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". 14.4 REVIEW OF APPLICATION FOR PROGRESS PAYMENT: Last sentence, delete the word ten and insert the words twenty five. 14.12 FINAL APPLICATION FOR PAYMENT: Add the following: Before final payment, the Contractor shall submit executed copies of the release forms. (page SGC- _ 8 and, SGC-9) 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 sub-contractors have been paid in full. The Contractor shall also submit final Release of Liens from. all vendors, suppliers and subcontractors that the Owner/Engineer has received a Notice to Owner from. SGC-6 WF143000 ARTICLE 15 -SUSPENSION OF WORK AND TERMNNATI ON 15.2 OWNER MAY TERMINATE: Add the fallowing: 15.2.5. In the event the Owner terminates the employment of the Contractor as set forth in Paragraph 15.2.4 where reference is made to including compensation for "additional professional services," the following words shall be added: "particularly including, but not limited to, reasonable Engineer's and Attorney's fees." ARTICLE 16 - DISPUTE RESOLUTION Delete the entire article. Add the following: This agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The parties 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-7 WF143000 1 hereinafter referred to as "the Contractor" hereby unconditionally releases and forever discharges ARCADIS US, 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 ~Ilage of Tequesta, South Cypress Drive Streetscape Improvements in accordance with a contract dated between the Contractor and Village of Tequesta and Drawings and Specifications prepared by Engineer. CONTRACTOR 1 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 acknowledgements, 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 20_. RELEASE By: r NOTARY PUBLIC, (NOTARY SEAL) State of Florida at Large My commission expires: t SGC-8 W F 143000 hereinafter referred- to as "the Contractor" hereby unconditionally releases and forever discharges 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: RELEASE ,~ All claims arising out of, or in .any way related to, the design, negotiation, supervision, or performance of a project known as Village of Tequesta, South Cypress Drive Streetscape Improvements in accordance with a contract dated between the Contractor and Palm Beach County. i CONTRACTOR s t f 1 f 1 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 acknowledgements, 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 20. NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: SGG9 W F143000 ii SECTION 01019 GENERAL REQUIREMENTS t t t 1 t t t s 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 ar 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 62-3, 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 and III. Adequate silt containment procedures and equipment shall be used to control turbidity at all times at no additional expense to the Owner. 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: Title Cover Sheet Sheet No. General Notes 1 2 Plan and Profile Directional Bore North Side of Bridge 3-4 Plan and Profile Directional Bore South Side of Bridge 5-6 Existing Conditions ~_g Water Main and General Details g Force Main Details 10 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 thirty (30) 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 manufacturer's name and address. 01019-1 W F 143000 it 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 constnaction 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. 8. The Engineer shall consider commonality of parts and demonstrable performance of the specified and proposed substitutions as a part of the evaluation. 1.06 WATER: The Contractor shall provide and maintain, at his own expense, an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary connections and piping for same, but only at such locations and in such a manner as approved by the Owner/Engineer. Note that water required for one (1) complete filling of the pipeline for pressure testing shall be provided to the Contractor at no expense. Additional water use beyond this for construction purposes or for flushing of the lines or for failed tests shall be at the Contractor's expense at the Village's normal bulk water sales rate. 1.07 ELECTRICITY: All electrical current required by the Contractor to construct this project will be furnished at his own expense. 1.08 SANITARY FACILITIES: The Contractor shall provide temporary restroom facilities for field crews. Existing Owner facilities are not available for use by the Contractor. ' 1.09 WORKING HOURS: Exclusive of shutdowns, all work on this contract shall be conducted during weekdays, excluding Village holidays between the hours of (7:00 A.M. to 7:00 P.M.). This includes all directional bore activities. To adhere to this schedule no directional bore pull back operations can begin after 3:00 P.M. 1.10 ASSEMBLIES OR UNITS: Where the Contractor is required to fumish and install an assembly or unit, the Contractor shall fumish aN component parts as required by the manufacturer of the unit. 1.11 ACCESS TO THE WORK SITE: The Contractor may use only the public road right of ways for access to the work locations. The Contractor shall be responsible for maintaining, protecting and restoring the routes tv the satisfaction of the Owner/County and Engineer. i 01019-2 W F143000 1.12 SECURITY: The Contractor shall be fully responsible for the safety and security of the work and staging/storage area. Any temporary measures required to maintain the security of the area shall be the Contractor's responsibility. 1.13 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 noway relieve the Contractor from responsibility. 1.14 STANDARDS: All work performed on this project shall be in accordance with the Village of Tequesta Minimum Standards. All conditions, asset forth in the respective permits/standards, shall be satisfied and adhered to by the Contractor. A copy of these standards can be acquired from the Village. 1..15 PROJECT COORDINATION: The Contractoris advised thatotherconstruction/workmaybe occurring in or around the immediate area of this project. During the course of the work, the Contractor shall coordinate all field activities with other Contractors/Owners workers as directed by the Engineer. The Contractor shall attend any meeting set up by the Engineer for the purpose of project coordination. ' 1.16 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences, irrigation systems or other properly 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 propertyrtems-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. i E 01019-3 W F 143000 1 1 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, permits, dewatering, 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. 1 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. Payment for any offsite storage of material will not be made unless an approved site for offsite storage is granted by the Village and Engineer. Any payment for stored material shall not include labor or profit by the Contractor or any sub-contractor. The Contractor is specifically advised #hat this procedure may require full payment for some stored materials or shop work significantly ahead of the- time when payment is issued by the Owner. 1.03 MEASUREMENT A. 12-inch DR 9 HDPE Directional Bore: Measurement shall 6e based on the horizontal distance measured from the pipe entrance into the bore tunnel to the pipe exit from the bore tunnel, Payment will not be based on actual installed length of pipe. Unit cost shall include all materials, labor and equipment necessary to install the directional bore as shown on the plans including but not limited to all pipe, pipe stiffeners, tracing wire, and MJ adapters. Unit cost shall also include all materials, labor and equipment necessary to comply with the attached "Frac-Out" plan in Appendix A including but not limited to monitoring during drilling activities by a qualified Biologist and restoration and down time as a result of a frac out.. No additional payment shall be made for equipment, labor and materials required for drilling fluid pumping, transportation or recycling. No payment will be made for directional drill installations that must be abandoned in place nor material, labor and equipment required to abandon failed installations in place. B. Four (4) 3-inch DR 9 HDPE Conduits (Pulled with 12-inch DR 9 HDPE): Measurement shall be based on the horizontal distance measured from the conduit entrance into the bore tunnel to the conduit exit from the bore tunnel. Payment will not be based on actual installed length of conduit. Unit cost shall include four (4) conduits and all materials, labor and equipment necessary to install the four {4) conduits with the 12-inch DR 9 HDPE Directional Bore. No additional payment shall be made for equipment, labor and materials required for drilling fluid pumping, transportation or recycling. No payment will be made for directional drill. installations that must be abandoned in place nor material, labor and equipment required to abandon failed installations in place. C. Two (2) 6-inch FPL Conduits: Measurement shall be based on the horizontal distance measured from the pipe entrance into the bore tunnel to the pipe exit from the bore tunnel. Payment 01150.1 W F 143000 1 will not be based on actual installed length of pipe. Unit cost shall include two (2) conduits and all materials, labor and equipment necessary to install the iwo (2) conduits by directional bore as shown on the plans. No additional payment shall be made for equipment, labor and materials required for ' drilling fluid pumping, transportation or recycling. No payment will be made for directional drill installations that must be abandoned in place nor material, labor and equipment required to abandon failed installations in place. D. DI Pipe: Pipe will be measured along the centerline of the pipe installed. No deduction will be made for the length of valves- and fittings installed in the line. Where the measurement terminates at a valve, bend, tee or other fitting, the centerline of the valve or fitting shall be the point of ' termination. The unit cost shall include all magnetic marker tape, tracer wire, electronic markers, excavation, dewatering, placement, backfill, compaction, density tests, finish grading, fencing, guardrails, handrails and rip rap unless otherwise noted. E. RSGV: Measurement shall be on the basis of furnishing and installing all labor and materials necessary for each type and size of valve required including the valve, valve box/operator and concrete pad. F. DI Fittings: Measurement of ductile iron fittings shall be on the basis of weight. The weights used to determine the quantity installed shall be the weights of the appropriate fittings and restraints as listed in the supplier's invoice or catalog as submitted with the shop drawings. Fitting weights shall be based on AWWA C153 Compact Fittings. Fittings installed by the Contractor to suit his schedule, realignment of the- main or availability of materials shall not be paid for unless approved by the Engineer in writing. The cost of concrete blocking shall be included in the unit cost of the ' fittings. G. Tie-ins: Measurement shall be on the basis of a complete connection to existing mains where tapping sleeves and valves are not designated. Payment shall include all labor and equipment to complete the installation as shown on the plans. Ductile Iron Fittings used-for tie-ins shall be paid at the Unit Price for DI Fittings. ' H. Sample Points: Sample points shall include valves, pipe and fittings as shown on the plans, and the complete bacteriological analysis by an independent, state certified laboratory. Unit cost shall also include removal of all sample pipe after passing bacteriological results. I. Water Main ARV: Measurement and payment shall include all materials and labor to install the ARV as shown on the Water Main Details Sheet. Including but not limited to the tap, tapping saddle, valve, pipe, manhole and appurtenances as shown on the plans. J. Asphalt Open Cut Repair: Measurement shall be based on a complete open cut repair as detailed in the drawings and specifications.. Payment shall include but not be limited to placement of ' backfill and subbase, compaction, density tests, striping and asphalt. K. Concrete Sidewalk: Measurement shall be based on the replacement of existing sidewalks damaged during construction. Payment shall include but not be limited to compaction, wire and concrete. L. 2" HDPE Water Service: Measurement shall be based on the relocation of the existing 2-inch water service as detailed on the plans. Payment shall include but not be limited to tapping saddle, valves and hdpe pipe. M. Bahia Sod: Measurement shall be based upon the number of square yards of sod completed ' and accepted under the terms of the contract. NO ADDITIONAL. PAYMENT W ILL BE MADE FOR SEED AND MULCH PLACED IN SODDED AREAS TO PREVENT EROSION PRIOR TO SOD PLACMENT. 01150-2 W F143000 1 1 1 t N. Royal Palms Relocate/Reinstall: Measurement shall be based on removing, storing and re- installing the existing Royal Palms marked on the plans if required to protect from damage during construction. Payment shall include all necessary materials, labor and equipment necessary to ensure the survival of the palms during removal, storage and re-installation. O. Maintenance of Traffic Water Main: Measurement shall be based on providing a complete maintenance of traffic during construction of the water main relocation. Payment shall include but not be limited to all materials, labor and equipment necessary to complete the maintenance of traffic and shall also include any required coordination to incorporate the Village's Portable Traffic Signal System. P. 18-inch DR 9 HDPE Directional Bore: Measurement shall be based on the horizontal distance measured from the pipe entrance into the bore tunnel to the pipe exit from the bore tunnel. Payment will not be based on actual installed length of pipe. Unit cost shall include all materials, labor and equipment necessary to install the directional bore as shown on the plans including but not limited to all pipe, pipe stiffeners, tracing wire, MJ adapters. No additional payment shall be made for equipment, labor and materials required for drilling fluid pumping, transportation or recycling. No payment will be made for directional drill installations that must be abandoned in place nor material, labor and equipment required to abandon failed installations in place. Q. Tapping Sleeve and 16-inch Plug Valve: Measurement shall be made on the basis of furnishing and installing all labor and materials necessary for each tapping sleeve and' plug valve as shown on the drawings. Payment will include tapping sleeve, plug valve, valve box/operator, concrete pad and undersized tap as shown on the plans. No extra payment will be made- for the valve. R Disconnect Existing Force Main: Measurement shall be based on exposing, closing, disconnecting and plugging of the existing 16-inch force main valve, one disconnect on each side of the bridge. Payment shall include all materials, labor and equipment necessary to complete the disconnect including concrete blocking and pumping and disposal of wastewater in the abandoned force main. Fittings shall be paid at the unit price for DI Fittings. S. Force Main ARV: Measurement and payment shall include all materials and labor to install the ARV as shown on the Force Main Details Sheet. Including but not limited to the tap, tapping saddle, valve, pipe, manhole and appurtenances as shown on the plans. T. Maintenance of Traffic Force Main: Measurement shall be based on providing a complete maintenance of traffic during construction of the force- main relocation. Payment shall include but not be limited to all materials, labor and equipment necessary to complete the maintenance of traffic and shall also include any required coordination to incorporate the Village's Portable Traffic Signal System. U. Alternate Bid Items: 12-inch DR11 HDPE Directional Bore and 18-inch DR11 HDPE Directional Bore: These two bid items are offered as alternates to the DR9 HDPE corresponding items in the water and force main relocation bid. Measurement shall be based on the horizontal distance measured from the pipe entrance into the bore tunnel to the pipe exit from the bore tunnel. Payment will not be based on actual installed length of pipe. Unit cost shall include all materials, labor and equipment necessary to install the directional bore as shown on the plans including but not limited to all pipe, pipe stiffeners, tracing wire, and MJ adapters. Unit cost shall also include all materials, labor and equipment necessary to comply with the attached "Frac-Outs plan in Appendix A including but not limited to monitoring during drilling activities by a qualified Biologist and restoration and down time as a result of a frac-out.'. No additional payment shall be made for equipment,. labor and materials required for drilling fluid pumping, transportation or recycling. No payment will be-made far directional drill installations that must be abandoned in place nor material, labor and equipment required to abandon failed installations in place. 01150-3 W F 143000 1 1.04 PAYMENT: Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, stored andfor installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto The following schedule shall be adhered to: A. End of the Month -Cut off date/confirm quantities with inspector. B. 5th of the Month -Pay estimate to the Engineer C. 10th 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 5. Preparation of record drawings 6. Restoration of damaged surfaces, structures, curbing and property. 7. Removal of excess excavated material from the project area. 8. Temporary Driveway/Road Patch 10. Crushed Rock in pipe installations 11. Grading of project areas to existing conditions within project areas. 12. Gate/Fencing Removal and Replacement 14. Video Tape of Project Areas 15. Mailbox repair/replacement 17. Temporary Pumpage (stormwater) 1.05 PAY ESTfMATE 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 appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. 1.07 PROJECT SCHEDULE: An updated project schedule shall be submitted with each pay request. Pay requests submitted without the schedule will be returned with no action. 1 01150-4 W F143000 t t 1 ~~ 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, maintenance of traffic plans, and miscellaneous work-related submittals. The individual submittal requirements are specified herein and in applicable sections for each unit of work. 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 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. 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 thirty (30) days after the date of execution of the contract, the Contractor, in conformance with the conditions of the contract,. shah submit to the Engineer for approval, four (4) copies (in addition to those copies necessary for his own requirements) of the shop drawings. The Contractor shall submit newly prepared information; do nat 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 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 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 in and approved by the Contractor, as indicated by a "Checked" stamp marked "Approved" on each copy of the shop drawing. Shop drawings received without the Contractor's "Checked and Approved" stamp will be returned without furfher action. Shop drawings shall be submitted for the following: 1. Pipe (Water Main and' Force Main) 2. Fittings 3. Air Release Valves and Vaults 4. Valves 01300-1 WF143000 1 5. Water Service Components 6. Project Schedule 7. Asphalt Mix Design 8. Maintenance of Traffic Plans 9. 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 1 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. t, 1.05 DOCUMENTS: Maintain at the job-site one copy of all drawings, specifications, addenda, approved shop drawings, change orders, field orders, other contract modifrcations, 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 01300-2 W F 143000 ~~ 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 repeafed herein. The requirements of this section are primarily for 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 1 t t 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 Contractor's 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 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. 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. Gontractor shall store all material on the project site unless specifically authorized otherwise by the Owner. PART 2 -PRODUCTS (not applicable) 01400-1 WF143000 1 PART 3 -EXECUTION 3.01 PREPARATION FOR INSTALLATION: j Installer's Inspection of Conditions: The Contractor shall require the fabricator and/or installer of each- portion of work to inspect the substrate to receive the work, and the conditions underwhich 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 work, as an integral step of starting each installation. Install work during conditions of temperature, humidity, exposure, forecasted weather, and status of project completion which will ensure best possible results for each unit of work,. in coordination with entire work. Isolate each unit of work from non-compatible work, as required to prevent deterioration. t 1 Adjust, clean, lubricate, restore marred finishes, and protect newly installed work, to ensure that it will remain without damage or deterioration during the remainder of the construction period. 01400-2 WF143000 1 SECTION 01570 TRAFFIC REGULATION 1 E~ f~ t 1 it t ~' 1 `n L~ PART 1 -GENERAL 1.01 DESCRIPTION: The work to be performed under this section shall include furnishing all maintenance of traffic plans, all materials and labor necessary to receive approval and to regulate vehicular/pedestrian traffic in accordance with the requirements set forth herein and those required by FDOT and the Village of Tequesta. 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. State and U.S. Government requirements. PART 2 - PRODUGTS 2.01 Portable Traffic Signal System: The Village- of Tequesta has a Horizontal .Signals Technologies Model SQ3TS Portable Traffic Signal System. PART 3 -EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS A. Emergency Vehicles: 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. 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 far a period of more than 12 hours except as specifically approved by the- Engineer and Village. E. Arterial Streets/Parking Areas: The Contractor shall make every attempt to maintain streets and parking areas within the project area accessible to the residents. Notification shall be given to the Engineer and affected residences within three (3) days prior to the start of work. 3.02 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. 3.03 SUBMITTALS AND COORDINATION: The Contractor shall prepare sketches and background information required to obtain approval for all maintenance of traffic regulation. The Contractor shall coordinate all traffic regulation -with the appropriate governmental/regulatory agencies, the Engineer and the Tequesta Police Department. 01570-1 W F143000 1 3.04 COORDINATION W ITH VILLAGE OF TEQUESTA: The Villa a has a rtable traffic i g po s gnal system that it will to utilize during construction. The Contractorwill be required to coordinate with the Village in the use of the portable traffic signal system and incorporate it into the Contractors maintenance of traffic plan for this project. it t 01570-2 W F143000 1 a s PART 1 -GENERAL SECTION 01720 RECORD DRAWINGS 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 Protection C. State of Florida Department of Health and Rehabilitative Services 1.03 MATERIALS: The Con#ractor shall mark on the construction drawings of the Contract Documents all field information. 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. All submitted record information shall be signed and sealed bya professional land surveyor registered in the State of Florida. All record drawing information submitted shall be in the 83/90 datum, State Plane Coordinate System, with an accurracy oft 6" on horizontal. control. The drawings shall be neat and legible. Show all elevations and horizontal control of all storm sewers, gravity sewers including laterals, electric cables, television cables, telephone cables, force mains, and water mains which are crossed or exposed. A. Water Main: Record drawings shall show the following field information: [~ I~ L~ t 1. Show pipe material used. 2. Show location of tees, crosses, bends, terminal ends, valves, service taps, air release valves, etc., by distances from known above ground reference points (manholes, catch basins, and bridges). 3. Directional Bore: Show horizontal and vertical location of directional bore installations with an accuracy of ± 6-inches every 10-feet along the bore installation including over open water. 4. Show location of all casing pipes, horizontal and vertical. 5. Show all variations in required cover over pipe. 6. Elevation and horizontal control of all storm sewers, gravity sewers, including laterals, force mains, etc. which are crossed. 7. Valves: Record Drawings shalt include the following information for each valve: 01720-1 W F 143000 a Manufacturer b) Model Number c) Type of Valve d) Serial Number 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 drawing 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. t II :_..~ f] r r 1 01720-2 W F 143000 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. 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. t t 1 t 1 1 2.02 CLEARING AND GRUBBING: On areas specified to be cleared and grubbed, afl 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. 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. 02110-1 W F 143000 'I u r J t [1 I~ t t 1 PART 1 -GENERAL SECTION 02200 EARTHWORK 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 constnaction. 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. 1.02 SUBSURFACE EXPLORATIONS AND REPORTS: Appendix A contains a geotechnical report prepared by Dunkelberger Engineering and Testing, Inc. and dated December, 2008. This report is supplied for informational purposes only and is not part of this contract. Neither the report Author nor Engineer accept responsibility for the accuracy or completeness of the report. The Contractor shall have full responsibility with respect to determining subsurface conditions at the site. 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 Contractor unless otherwise directed. All other unsuitable material shall be disposed of off site. 3.03 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. 3.04 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. 02200-1 WF143000 The Contractor shall inspect all compacted areas prior to further construction operations to ensure that satisfactory compaction has been obtained. 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. 1 1 f t 02200-2 WF143000 1 ,~ SECTION 02320 HORIZONTAL. DIRECTIONAL DRILL INSTALLATION PART 1 -GENERAL 1.01 DESCRIPTION A. Portions of the water transmission main shall be installed by the horizontal directional drilling method within the limits indicated on the contract plans and as specified herein. B. This section includes materials, performance and installation standards, and Contractor responsibilities associated with the furnishing of all labor, materials, equipment and incidentals required to install the water transmission main by horizontal directional drill as shown on the Drawings and as specified herein. 1.02 EXPERIENCE A. The Contractor must demonstrate expertise in horizontal directional drill methods by providing a list of ten utility references for which 18-inch and larger installations greater than 1000 LF have been performed in the last 5 years. The references should include a name and telephone number where contact can be made to verify the contractor's capability. The Contractor must provide documentation showing successful completion of the projects used for reference. Conventional trenching experience will not be considered applicable. Furthermore, all supervisory personnel must be adequately trained and will have at least four years experience in horizontal directional drilling, An approved supervisor must be onsite at all .times during drilling and fusing operations. 1.03 PERMITS A. Contractor shall be responsible for all requirements of the FDEP, ALOE and SFWMD permits as pertain to the directional bore installation underneath the North Fork of the Loxahatchee River. Plans, specifications and applications have been submitted for review. Upon issuance the permits will be distributed. The Contractor is specifically advised that he is responsible- for providing and meeting all requirements of the "FRAC OUT" plan included in Appendix A and as may be amended or modified by the Army Corp of Engineers. 1.03 SUBMITTALS A. Submit technical data for equipment and materials including drilling fluid (include MSDS Sheet), pipe, pipe stiffeners, method of installation with working drawings and proposed sequence of construction for approval by the Engineer a minimum of two (2) weeks prior to construction. B. The Contractor will be .required to submit certification, by a Professional Engineer or Professional Land Surveyor licensed in the State of Florida, that the horizontal directional drill installation has been performed in accordance to the construction drawings and provide signed and sealed record drawings of the installation showing horizontal and vertical alignment. C. The directional boring Contractor must submit a copy of the following information with submittal of the record drawings. 0232U-1 WF143000 1 1. Reamed hole size. 2. Volume of spoils removed. 3. Log of directional drilling machine pressures during pulling operations. Pulling pressures shall also be converted to tensile stress seen in the pipe. Hydraulic pressure produced by the machine alone is not acceptable PART 2 -PRODUCTS A. Pipe: Per Section 2610 B. Drilling Fluid: Drilling fluid shall be a water based bentonite type drilling fluid. PART 3 -- EXECUTION 3.01 INSTALLATION A. The horizontal directional drill shall be placed with a horizontal tolerance of +/- 6 inches of the plan and profile. Minimum clearances as shown on the plans shall be maintained. Continuous monitoring and location of the boring head is required, including across open water. B. The machine shall have a functional system to monitor and record, for submittal to the Engineer, maximum pull back pressure during pulling operations. C. The Contractor must have a solids control system on-site to remove the drilling fluid and spoils from the access pits, separate the solids from the fluid and recirculate the cleaned drilling fluid. The spoils must then be transported from the job site and be properly disposed of. Under no circumstances wilt the drilling spoils be permitted to be disposed of into sanitary, storm, canal, river or other public or private drainage systems. Due to the configuration of the bores in this project it may be necessary to transport the used drilling fluid from one end of the bore to the other by truck. D. HDPE pipe installed by the horizontal directional drill process shall meet all requirements of Section 02640 Part 3. E. In the event a bore installation cannot be completed and the pipe cannot be removed the Contractor shall abandon the pipe in place by terminating the pipe 36-inches below grade, filling pipe and bore hole with drilling fluid, filling remaining open bore hole and pit with suitable fill satisfying Section 02200 and installing the bore at a different location approved by the Engineer. No Payment will be made for the length of pipe abandoned in place nor work and materials required to abandon failed installation in place. 3.02 RESTORATION A. Upon completion of drilling and pipe installation, the Contractor will remove all spoils from the starting and termination pits. Drilling fluid spoils shall be disposed of in an appropriate offsite location. Pits shall be backfilled and compacted per Section 02200. All drilling areas and staging areas will be restored to their original condition or better to the satisfaction of the Engineer. 02320-2 W F143000 1 r~ 1 1 SECTION 02401 PART 1 -GENERAL DEWATERING 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 dewaterng 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. 1.03 TIDAL INFLUENCE: The Contractor is specifically advised that the construction area for this project is under tidal influence. Subsurface water table levels in this area fluctuate hourly. PART 2 -PRODUCTS (Not Applicable) PART 3 -EXECUTION 3.01 DEWATERING:. The Contractor shall provide adequate equipmentforthe 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 dewaterng 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 dewaterng pumps shall be equipped with residential type mufflers. 1 I 02401-1 W F 143000 1 -~ 1 1 1 r i~ Ll SECTION 02485 PART 1 -GENERAL GRASSING AND LANDSCAPING 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. PART 3 -EXECUTION 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 repairor replacement, the Contractor's sodding operation shall not commence until the Engineer has approved the repaired or replaced system. 3.04 DAMAGED TREES/SHRUBERY: 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. 02485-1 W F143000 1 1 1 f t 1 1 w Grassing and mulching operations are to begin within a maximum of thirty (30) days after an installation or section of line has been installed. Ali requirements regarding grassing and mulching will be in accordance with the Department of Transportation specifications. Any yards or grass mat will be re-sodded with like sod, or otherwise, to the satisfaction of the Engineer. 3.05 EXISTING ROYAL PALMS: At the discretion of the Engineer the Existing Royal Palms denoted on the plans shall be removed, properly stored during construction and re-installed upon the completion of construction. 02485-2 WF143000 1 1 t SECTION 02578 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 (10) 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 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 shalt 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. 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 Specifications for Type S-1 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. 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 details shown on the drawings. 0257&1 W F 143000 i 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 fo the required compaction tests for the pipe trench. r 3.07 TEMPORARY ASPHALT: All temporary restoration shall include a cold patch material and shall be maintained throughout the contract period. i C 0257&2 W F 143000 1 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 of 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 othenivise 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 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. 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. 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 wilt remain at the end of the working day. All 02610-1 W F143000 open trench shall be protected by the Contractor with barriers, waming devices and traffic control devices, which shall be kept in the correct position, properly directed and clearly visible at all times. The barrier, waming 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. Ductile Iron Pipe and Fittings for Water Main Application: 1. Ductile iron pipe (mechanical joint and push on) shall conform to the requirements of ANSI/AWWA C151/A21.51-91 unless otherwise noted on the plans. The pipe shall be pressure Class 350 thickness for sizes 3" through 12". The pipe used as a carrier pipe with casings shall be special Class 52. Glands for mechanical joints shalt be of ductile iron. 2. Fittings shall conform to the requirements of ANSI/AWWA C110/A21.10-87 or ANSI/AWWA C153/A21.53 (Compact Fittings). Fittings 12-in. and smaller shall have a 250 psi minimum working pressure. 3. Coatings: The intemal surfaces of all ductile- iron pipe and fittings for water main applications shall be coated with a cement mortar of standard thickness in accordance with ANSI/AWWA C104 The outside surface of all ductile iron pipe shall be coated with a bituminous coating approximately one mil thick. B. Ductile Iron Pipe and Fittings for Force Main Application: 1. Ductile iron pipe (mechanical joint and push on) shall conform to the requirement so the ANSI/AWWA C151/A21.51-91 unless otherwise noted on the plans. The pipe shall be pressure Class 350. The intemal surfaces of all ductile iron pipe and fittings for wastewater applications shall be coated with PROTECTO 401 Ceramic Epoxy Lining with a nominal dry film thickness of 40 mils. The below grade and buried portion of outside surfaces shall be coated with a bituminous coating approximately one mil thick. 2. Fittings shall conform to the requirements of ANSI/AWWA C153/A21.53 (Compact Fittings).. Fittings 16-in. and smaller (including the required 18 in. x 16 in. reducer) shall have a 250 psi minimum working pressure 3. Coatings: The intemal surfaces of all ductile iron pipe and fittings for wastewater applications shall be coated with PROTECTO 401 Ceramic Epoxy Lining with a nominal dry film thickness of 40 mils. The below grade and buried portion of outside surfaces shall be coated with a bituminous coating approximately one mil thick. C. High Density Polyethylene (HDPE) and Fittings for Water Main Application: 1. HDPE pipe 4" thru 18" shall be AWWA C906, NSF 61, certified unless otherwise noted on the plans. The pipe shall have a dimension ratio of 9 or 11 as noted on the plans and Unit Price Bid Schedule. All joints between plain ends of HDPE pipe shall 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 value at the point of fusion, if not, the lower value DR rated material shall be machined at the joint to match the pipe to be joined. HDPE pipe shall have 3 paired blue stripes co-extruded longitudinally into the pipes outside surface for water main installations and 3 paired green stripes co-extruded longitudinally into the pipe outside surface for force main installations. 02610-2 W F143000 t 2. HDPE pipe 3" used for conduit installations shall conform to all material requirements of AWWA C906. The pipe shall have dimension ration of 9. All joints between plain ends of HDPE pipe shall be made bybutt-fusion utilizing the pipe manufacturers' fusion procedures and guidelines. The wall thickness of the adjoining pipes shall have the same DR value at the point of fusion, if not, the lower value DR rated material shall be machined at the joint to match the pipe to be joined. 3. 4" thru 18" HDPE fittings shall conform to AWWA C906 with a dimension ratio of 11. The. fittings joint shall be machined to match the DR value of the adjoining material. 4. 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. D. Polyethylene plastic tubing shall comply with AWWA C901-88, be approved for potable water service by the National Sanitation Foundation and bear the NSF seal. The product shall be PE 3402, (high molecular weight, high density) rated for a minimum working pressure of 160 psi and the standard dimension ratio shall not exceed 9. Fittings shall be brass, equipped with compression type connection, "Insta-Tite", as manufactured by Mueller or Ford. E. Miscellaneous Pipe and Fittings: 1. Service Saddles: Service saddles shall be malleable or ductile iron, double strap, Mueller or Ford, for cast iron/ductile iron pipe. For PVC pipe, saddles and straps shall be brass or bronze (double strap), Mueller or Ford, designed for PVC pipe. ~~ i F. Magnetic Tape: All buried pipe shall be overlaid with a blue magnetic caution/locate tape (water) or green magnetic caution/locate tape (wastewater) meeting Village or Loxahatchee River District standards. Cost of magnetic tape shall be included in the cost per foot of pipe. G. Tapping Sleeves: Tapping sleeves shall be constructed of 316 SS with 316 SS bolts. Tapping sleeves shall be manufactured by JCM or Rockwell. H. Hymax Coupling: Connections to existing ac pipe shall be made with Hymax Couplings as manufactured by Total Piping Solutions. Hymax Couplings shall be epoxy coated, NSF 61 approved and use- 316 SS hardware. I. FPL Conduits: FPL will provide the pipe for their 6-inch FPL conduit installation. FPL has provided the following specification forthe pipe to be provided. CNDT, FLEX, COILABLE, POLY, 6" SDR11, HDPE CONDUIT, FLEXIBLE, NON-METALLIC, 6" SDR1.1, HDPE,-HDPE COILABLE ON 450' REELS, 6.625" OUTSIDE DIAMETER, 5.4"INSIDE DIAMETER, 0.602" WALL THICKNESS, 5LBS/FT, BLACK CONDUIT WITH THREE RED STRIPES. CONDUIT MEETS THE LATEST REVISION OF FPL SPECIFICATION 8-16. PART 3 -EXECUTION 3.01 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 i 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 02610-3 W F 143000 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 passible under soil conditions. t 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. 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 lar er than 9 permitted to be used for backfill in the paragraph entitled "Backfiliing" 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 forfill 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. 3.02 INSTALLATION OF WATER MAINS and FORCE 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 shall bring the discrepancy to the attention of the Engineer and the Engineer will render a decision as to which standard to use. 1. Ductile Iron Pipe -AWWA C-600 2. Polyvinyl Chloride Pipe - ASCE Manual No. 37, ASTM D2321. ~, 3. High Density Polyethylene Pipe -AWWA C906 The Contractor shall use every precaution during construction to protect the pipe against the entry of non-potable wafer, 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. 02610-4 W F143000 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 indirection occurs. Thrust restraint systems shall be 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. 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. E. Flushing and Pigging of Completed and Existing Pipelines: Following the leakage test, each section of completed pipeline shall be pigged and as thoroughly flushed as possible. A minimum flow shall be used for flushing that will insure a velocity in the pipe of 2.5 ft per second. The water shall be from a potable water source satisfactory to the Owner. F. 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 at the Contractor's expense. G. 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.. H. 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 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 02610-5 WF143000 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. 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. Ductile Iron Pipe -All material shall pass through a 3/4 in. square opening laboratory sieve. b. PVC and HDPE Pipe -All materials shall pass through a % in. s uare q opening laboratory sieve for reject 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. B. Placing and Compaction: 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 befinreen 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. 02610-6 WF143000 1 Density tests shall be taken along the pipe (maximum distance between tests shall be 300 feet). Compaction tests shall be at springline of the pipe,12"over the pipe and 24"over the pipe. 3.04 CULVERT REMOVAL AND REPLACEMENT: Culverts, catch basins and other drains e 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. 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. 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. 02610-7 WF143000 I 1 t 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 underthis 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. PART2-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 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. 02640-1 WF143000 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 fiaces 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-Ib 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-Ib 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 RESILIENT SEATED GATE VALVES: Resilient seated gate valves shall conform to the latest edition of AWWA C509. Valves shall provide bidirectional bubble tight sealing at 150 psi differential. Valves shall be as manufactred by American Cast Iron Pipe Company, Mueller, or Kennedy. 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 be of 316 stainless steel. Valves shall be designed for not less than 1'50 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. 25 or APCO 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. 2.05 FIRE HYDRANTS: Fire hydrants shall be the traffic type with break flange construction, self- draining, compression type with o-ring seal and shall conform with AWWA 0502-85. Hydrants shall open left and shall have a 5-1 /4 inch valve opening. They shall have one, 4-1/2 inch pumper nozzle and two, 2-1/2 inch hose nozzels, all National Standard Threads unless otherwise specified; inlet connection as noted on the drawings, size 6-inches; National Standard operating nut. 2.06 CORPORATION/CURB- STOPS: Corporation stops shall be Mueller, or Ford, threaded on the inlet side with Mueller threads and the outlet side fitted with connections to suit connecting pipe or tubing. 2.07 TAPPING SLEEVES: Tapping sleeves shall be 316SS with 316SS bolts as manufactured by JCM or Rockwell. 2.08 PLUG VALVES: Plug valves shall conform to the latest edition of AWWA C504, Class 150. Plug valves shall be non-lubricated eccentric type with resilient seating. Plug valves shall allow for bi-directional sealing at 150 psi differential pressure. Plug valves shall be flange by mechanical joint to allow installation on tapping sleeves. Port area shall be a minimum of 80% of pipe area. 16-inch plug valves shall allow fora 12-inch tapping bit to pass through the port area. Plug valve operators shall be suitable for buried service, worm geartype, with a 2-inch operating nut. The valve operator shall be oriented 90 degrees from the- top of valve. Plug valves shall be manufactured by Milliken or DeZurik 02640-2 W F 143000 I PART 3 -EXECUTION Refer to Part 3, Section 02610. } i t 02640-3 WF143000 1 Frac-Out Contingency Plan for Horizontal Directional Drilling The Village of Tequesta Tequesta Drive Bridge Utility Relocation is proposed to cross the North Fork of the Loxahatchee River by Horizontal Directional Drilling (HDD). Frac-out is a potential concem when the HDD is used under waterways and other areas of concern. The HDD procedure uses bentonite slurry, a fine clay material as a drilling lubricant. The bentonite is non-toxic, but benthic invertebrates, aquatic plants and fish and their eggs can be smothered by the fine particles if bentonite were discharged to waterways. The purpose of a Contingency Plan or "Frac--out" plan is to: • Minimize the potential for afrac-out associated with horizontal directional drilling activities • Provide for the timely detection of frac-outs • Protect areas that are considered environmentally sensitive • Ensure an organized, timely, and "minimum-impact" response in the event afrac-out occurs • Ensure that a!I appropriate notifications are made to the appropriate regulatory agencies in 24 hours and that documentation is completed The "Frac-out" plan is prepared by the drilling contractor, to ensure that preventive and ' responsive measures can be implemented by the contractor. To minimize the potential for a frac-out, the Contingency Plan includes: • Design protocols to be implemented for the protection of sensitive cultural and biological resources ' Design protocols to require a geotechnical engineer or qualified geologist to make recommendations regarding the suitability of the formations to be bored to minimize the potential for frac-out conditions r Prior to construction, sensitive cultural and biological resources will be protected by implementing the following measures: • Where present, sensitive cultural and biological resources will be flagged for avoidance or construction limits will be clearly marked • Barriers (straw bales or sedimentation fences) will be erected between the bore site and nearby sensitive resources prior to drilling, as appropriate, to prevent released material from reaching the resource • On-site briefings will be conducted for the workers to identify and locate sensitive resources at the site ' Ensure that all field personnel understand their res onsibili for ti p ty mely reporting of frac-outs 1 1 1 t • Maintaining necessary response equipment on-site or at a readily accessible location and in good working order • Disallowing fill into waters of the United States unless proper permits have been obtained • Monitoring for the duration of drilling activities by a qualified biologist Construction is expected to occur in March 2009. The drilling entry and exit areas will be clearly marked, surrounded by construction fencing and silt fencing to minimize the potential for all-site migration of drilling mud. Access and egress locations will be designated and clearly marked. The likelihood of inadvertent return decreases as the depth of the pipe increases. To reduce the potential of a frac-out affecting sensitive resources, the entrance and exit points for drilling will be located approximately 250 feet from the edge of water and the HDD installation will be a minimum of 20 below land surface and the river bed for portions under the North Fork of the Loxahatchee River. Contingency Response Once afrac-out is identified: • All work stops, including the recycling of drilling mud/lubricant. The pressure of water above the pipe keeps excess mud from escaping through the fracture. • Determine the location and extent of the frac-out. If the frac-out is terrestrial: • Isolate the- area with hay bales, sand bags, or silt fencing to surround and contain the drilling mud. • Consult with Owner (Village of Tequesta) regarding next appropriate action among the following: -A mobile vacuum truck will be used to pump the drilling mud from the contained area and recycled to the return pit. -The drilling mud will be left in place to avoid potential damage from vehicles entering .the area. • Once excess drilling mud is removed, the area will be seeded and/or replanted using species similar to those in the adjacent area, or allowed to re-grow from existing vegetation. If the frac-out is aouatic (i.e. under water)• • Monitor frac-out for 4 hours to determine if the drilling mud congeals. (Bentonite will usually harden, effectively sealing the frac-out location). • Consult with Determine the appropriate action from among the following: -!f drilling mud congeals, take no other action that would potentially suspend sediments in the water column. -If drilling mud does not congeal, erect isolation/containment environment (underwater boom and curtain). -If the fracture becomes excessively large, a spill response team would be called in to contain and clean up excess drilling mud in the water. Phone numbers of spill response teams in the area will be on site. • If the spill affects an area that is vegetated, the area will be seeded and/or replanted using species similar to those in the adjacent area, or allowed to re-grow from existing vegetation. After frac-out is stabilized and any required removal is completed, document post-cleanup conditions with photographs and prepare frac-out incident report describing time, place, actions taken to remediate frac-out and measures implemented to prevent recurrence. r t 1 i] 1 1 1 t L~ 1 ~~ t 1 1 i P~~ L~ I ~~ t APPENDIX B 1 1 1 VILLAGE OF TEQUESTA t PROPOSED TEQUESTA DRIVE BRIDGE REPLACEMENT GEOTECHNICAL ENGINEERING REPORT DECEMBER 2008 1 1 :1 1 Prepared for: ARCADIS U.S., Inc. 2081 Vista Parkway West Palm Beach, FL 33411 t Prepared by: DUNKBLBBRGER engineering & testing, inc. 1 r DUNK~ELBEtRGER 9 9 9~ ,r www.dunkelberger-engineering.com • Fort Lauderdale • Lakeland • Port Saint Lucie • Sarasota • West Palm Beach ARCADIS U.S., Inc. December 19, 2008 2081 Vista Parkway Project No. WPB-08-7225 West Palm Beach, Florida 3341 I Progress Report No. 2 Attention: Mr. Thomas C. Jensen, P.E. Associate Vice President Subject: Additional Geotechnical Services Proposed Tequesta Drive Bridge Replacement Village of Tequesta, Florida Gentlemen: INTRODUCTION Pursuant to the subcontract agreement number ARCADIS-02 dated November 20, 2008, Dunkelberger Engineering & Testing, Inc. (Dunkelberger) has completed additional geotechnical services for the proposed bridge replacement currently planned for the Tequesta Drive bridge in the Village of Tequesta, Florida. This report presents a description of the exploratory and anal~Tical methods used for the study, the factual data obtained, and our opinions and recommendations related to the foundations of the proposed bridge and related construction. Dunkelberger subrnired an initial geotechnical report in October 2008 that addressed the utility crossings component of the project. PROJECT CONSIDERATIONS The project will involve the design and construction of a replacement bridge for the existing bridge that is positioned along Tequesta Drive (known as the Tequesta Bridge). Based upon information provided by Bridge Design Associates, the new bridge will have a superstructure composed of reinforced concrete and contain two end bents and several intermediate (i.e. water) bents. The end and intermediate bents will be supported on driven precast, pre-stressed concrete 18-inch square piles. The factored design load for the end bents will be 115 tons with aservice-load of 81 tons. The intermediate bents will have a factored design load of ] 30 tons with a service load of 90 tons. The lateral and tension loads were not provided to ' us but are expected to be relatively low. We also understand that Tequesta Drive will be reconstructed on the east and west sides of the new bridge, which will include increasing the thickness of the approach fills for a raised bridge deck elevation. The reconstructed roadway approaches will include some re-grading and shaping of swales to enhance the water quality of stormwater runoff anticipated as a result of the reconstructed roadway approaches to the bridge. We have assumed the thickness of the approach fills for the improvements will not exceed 3 to 5 feet. t r State of Ronda Board of Professional Engineers Authorization No. 6870 Toll-Free: (877) 643-6832 1 ARCADIS U.S., Inc. Page 2 Project No. WPB-08-7225 t SUBSURFACE CONDITIONS Field Exploration In our initial geotechnical report submitted in October 2008, we explored the subsurface conditions for the utility crossings using two 50-foot deep Standard Penetration Test (SPT) borings (designated Borings TB-1 and T'B-2). To evaluate the bridge foundation component of the project, we deepened these borings to 60 feet below the ground surface. Two additional SPT borings (designated Borings TB-3 and TB-4) were drilled for the roadway approaches at roughly 300-foot offsets (in a westerly and easterly direction) from Borings TB-1 and TB-2. All of the boring locations are shown on Sheet 1. Borings TB-1 and TB-2 were drilled to a depth of 60 feet utilizing a Central Mine Equipment Model 55 (Ch9E 55) drilling rig employing mud rotary techniques. The upper four feet of the borings were drilled with a hand auger to limit the potential for impacts to existing underground utilities. Manual cone penetrometer tests (CPT's) were conducted at one-foot intervals as the borings were advanced to assess the relative density of the upper soils. A Brainard-Kilman Model S-214 cone penetrometer was used for this purpose. Samples of the in-situ materials w.,re recovered at frequent vertical intervals using a standard split-barrel driven with a 140-pound hammer freely falling 30 inches (the SPT after ASTM D 1586). Between sampling intervals, the borings were advanced with a 2 7/8-inch diameter tricone roller bit. A dense bentonite slurry was circulated in the boreholes as they were extended to remove drill cuttings and maintain sidewall stability. Borings TB-1 and TB-2 were sealed with neat cement grout from bottom to top upon their completion. Borings TB-3 and TB-4 were drilled to 25 feet below the existing ground surface using a Central Mine Equipment Model 45 (CME 45) drilling rig that employed mud rotary techniques. Samples of the in-situ materials were recovered at frequent vertical intervals using a standard split-barrel driven with a 140- pound hammer freely falling 30 inches (the SPT after ASTM D 1586). An automatic hammer was used to accomplish the SPTs. Between sampling intervals, the borings were advanced with a 2 7/8-inch diameter tricone roller bit. A dense bentonite slurry was circulated in these boreholes as they were extended to remove drill cuttings and maintain sidewall stability. Borings TB-3 and TB-4 were filled with gravel and soil cuttings upon their completion. Stratigraphy Soils found in the borings consisted of either asphaltic concrete pavement (location of Boring TB-1) or topsoil followed by a fill layer composed of sand with shell fragments and gravel-sized concrete fragments. The fill is underlain by naturally occurring clean sands, slightly silty sands and gravelly sands that extend to depths of 4l .5 feet and 28 feet below the existing ground surface at boring locations TB-1 and TB-2, respectively. The gravelly sands extended to at toast 25 feet below grade at boring locations TB-3 and TB-4. A formation of coquina limestone underlies the upper sands and persists to tt-e termination depth of exploration of 60 feet below the existing ground surface. Descriptions of the strata found in the borings are provided in the table on the following page. 1 DUNKELBERGER ARCADIS U.S., Inc. Project No. WPB-08-7225 ~' ~~ 1 w t Page 3 r ~iverage Stratum Depth No. Soil Description Relative Density feet 0 - 0.3 fTB-1 onl) p Asphaltic concrete pavement Not applicable 0 - 0.5 T __ _ To soil _ Not a licable Light brown to brown fine SAND with 0.5 - 4 1 shell fragments and gravel-sized concrete Very loose to loose fra menu (SP) (Fill) 4 -'' 2 SP) to light brown line SAND, trace silt Very Loose 7 Brown slightly silty fine SAND, slight Very Loose to Medium - 12 3 iron-oxide stain (SP-SM) Dense Light brown fine SAND, some lenses with 12 - 35 4 sand-sized shell fragments and gravel- Very loose to Medium Dense sized limestone fragments SP~__ 35 - 60 S Light brown cemented SAND and SMELL Moderately well-cemented to with zones of fine sand (COQUINA} ~ Very well-cemented Note: Depths reflect average subsurface profile conditions. Variations do exist. Refer to Sheet 1 for exact strata boundaries for each boring. Groundwater 1 L~ 1 DOLTBLE RING INFIL'TROME'1'ER TESTING A single Double-Ring Infiltrometer Test (OBIT) was campleted within the existing swale along Teguesta Drive to estimate the vertical infiltration rate of the soils. The location of the test is shown on Sheet 1. The DRIT was conducted approximately 0.5 feet below existing grades, and was performed in genera; accordance with ASTM D 33$5-94. The result of the test is provided on Sheet 2. Based cn the results of the DRIT, a vertical infiltration rate of about l4S inches per hour was measured in the soils at the test location. A single auger profile boring drilled adjacent tc the DRIT location disclosed a subsurfac:, prof le consisting of a thin topsoil layer followed by a fill layer th2t extended to 6 feet below the ground surface. The fill is consistent with the fill materials found in the engineering borings. Groundwater levels were measured in the boreholes upon completion of the drilling activities. The measured depths to the groundwater level ranged between 3.4 and b feet below the ground surface on the dates the borings were drilled (October 13 and 14, 2008 and December 10, 2008). The differences in the depth to the groundwater table are likely attributed to topographic, variations at the boring locations and the geographic setting of the project area (i.e. tidal in nature). We expect the groundwater table to mimic the water level in the tidally influenced Loxahatchee River. ®UNKBLBERGER t ARCADIS iJ.S., Inc. Project No. WPB-08-7225 General t GEOTECHNICAL RECOMMENDATIONS Page 4 The results of this study indicate that the site is suitable for the proposed construction when viewed from a geotechnical engineering perspective. Allowable pile compressive capacities of $0 tons (end bents) and 90 tons (intermediate bents) may be achieved using square precast, prestressed, concrete (PPC) piles that are 18 inches wide. We estimate that the 18-inch square PPC piles will need to penetrate to a final tip depth of about 55 feet below the present grade (existing ground surface at the boring locations) to achieve these capacities. The following sections of the report include detailed recommendations for design and installation of prestressed, precast concrete piles for the bridge foundations and recommendations for the approach fills and pavements. t '~ u 1 1 w Axial Load Capacity of Piles Axial compressive capacities for 18-inch square PPC piles were calculated using the Static Pile Bearing Analysis Program - SPT97 published by the Structures Design Office of the Florida Department of Transportation. The program uses a methodology based on empirical correlations between cone penetrometer tests and Standard Penetration 'Tests for typical Florida soils and limestone. The SPT97 allowable pile compressive capacity is equal to half of the sum of the pile's ultimate side friction resistance plus its mobilized end-bearing capacity (which is 1/3 of the ultimate end bearing capacity). The tensile capacities for the piles were taken to be one-third of the ultimate frictions! resistance (determined by SPT97) at the pile-soil interface plus the dead weight of the pile. The pile vertical capacities are presented in the table below and are shown graphically on Sheets 3A and 3B. Pi6 Ti D th* ALLOWABLE AXIAL PII.E CAPACTI'YFOR 18-INCI~ SQUARE PPC _ PILES e p ep (feet) Compression tons 'T`ension tons TB-1 TB-2 Water TB-1 TB-2 Water 20 18.6 20.3 7.8 6.7 7.4 2.7 22 20.7 22.4 8.8 _ 7.5 8.4 3.3 __ 24 22.6 _ 23.7 10.5 8.6 t 9.5 4.0 i 26 25.0 25.5 _ 12..9 Q.8 10.8 4~ 28 27.8 _ 32.1 15.9 11.1 _ 11.8_ 5.7__ 30 30.6 44.8 19.4 12.5 12.9 6.7 _ 32 33.3 _ _ 47.7 _ 23.0 13.9 13.6 7.8 34 35.5 52.3 _ 26.2 15.3 15.1 _ 9.l 36 37.6 _ 55.4 28.3 16.7 17.4 10.5 38 42.0 _ 60.4 32.7 18.0 19.1 11.8 40 48.8 70.6 I 39.5 19.3 20.2 _ 13.1 42 56.7 81.8 47.4 20.5 21.4 _ 14.3 44 _ 64.7 _ 89.9 __ 55.4 _ 22.0 23.2 15.8 46 71.7 94.2 _ 64.1 _ 24.7 25.5_ 19.6 48 76.5 97.5 ~ _ 68.8 26.3 _ 27.8_ _ 21.2 * Depth assumed to be with respect to the existing grourd surface at the boring locations. DUNKELBERGER 1 1 1 ARCADIS U.S., Inc. Page 5 Project No. WPB-08-i225 Review of the output shows that 18-inch square PPC piles driven for the end bents will achieve approximately 81 tons of allowable axial compressive resistance when driven to a depth of about 50 feet below existing grade. Extrapolation of the SPT97 results indicates that those piles driven for the intermediate bents will achieve roughly 90 tons of allowable axial compressive resistance when advanced to 60 feet below the ground surface elevation that exists at the boring locations. The allowable axia) compressive load capacities presented in the table above are based solely on stresses mobilized in the subsurface materials. Structural stresses induced in the piles by driving may place greater restrictions on the allowable capacity and should be verified by the designer. Pile Driving We recommend that the PPC piles be installed in accordance with Section 455 (Structures Foundations) of the FDOT's Standard Specifications for Road and Bridge Construction 2007. The piles should be driven to a minimum blow count criteria that is determined using the computer program Wave Equation Analysis of Piles (WEAP) afrer the performance of a dynamic load test (i.e. using the Pile Driving Analyzer). The test pile installations should be monitored by recording blows per foot over the full length of the pile's penetration. Data from the test pile monitoring should then be input into WEAP for selection of the finalized driving criteria and for ordering production pile lengths. The piles should .be driven with a steam, air, or diesel hammer capable of delivering 36,000 foot-pounds of energy per blow. Vibration Considerations Vibrations associated with pile driving operations should be monitored using a seismometer to verify that they are below the threshold levels that could damage adjacent structures. We suspect that the nearby dwellings and other facilities are supported on shallow foundations and believe that foundation settlement due to seismic densification of the loose sandy soils will be the main construction vibration issue facing the project. It has been our experience that ground vibrations at the location of structures supported on shallow foundations constructed upon loose sandy soils will need to be rnaintained at a peak particle velocity of 0.15 inch per second or less if seismic densification is to be avoided. Existing retaining structures such as seawalls may also experience additional stress related to pile driving as a result of increased lateral earth pressures owing to seismic densification of sandy soils as well as seismic induced inertial forces. I`n addition to vibration monitoring we recommend that surveying equipment be used to monitor vertical movement of the surrounding structures during pile driving. The surveying equipment should be accurate to at least 0.0] foot. Apre-construction survey should be performed for the nearby structures (including seawalls) to identify any pre-existing.cracks prior to pile driving. The survey should consist of photographic documentation of the existing facilities and should be made in a concerted effort with the owners of those facilities. It should be noted that ground vibrations and noise due to pile driving may be a nuisance to occupants of the existing structures even if they do not cause structural damage to those structures. Further, the use of diesel hammers has been known to spray diesel fuel on adjacent facilities, particularly on windy days. ~~Fi~L~~RF~ER J ARCADIS U.S., lnc. Project No. ~VPB-08-7225 Approach Fills Page 6 The roadway subgrade in areas to receive new approach fills should be cleared, grubbed and stripped to remove existing pavements, vegetation and root systems. The resulting stripped grade should be compacted to not less than 95 percent of the ASTM D l 557 maximum dry density to a depth of at least 12 inches. Approach fills should consist of clean, granular materials that are free of debris, cinders, combustibles, roots, sod, wood, cellulose, organic materials, and materials subject to termite attack. The organic content of the fill should be less than 2 percent (by weight). The fill should consist of sand or sand and gravel (ASTM D 2487) with a maximum size of 1 inch and not more than 10 percent passing the U.S. Standard No. 200 Sieve. It should be placed in 12-inch thick lifts at a water content near optimum. Each lift should be stable and unyielding and uniformly compacted to not less than 95 percent of the maximum dry density determined per ASTM D ] 557. Assuming a maximum approach fill thickness of 5 feet, we expect the underlying soils will experience one-half inch of settlement following placement and compaction of the new fill. Because of the granular nature of the subsoils, the settlement should occur rapidly and be virtually complete by the end of the construction period. Pavements We believe that a conventional flexible (asphalt surface) pavement section can be used for the reconstruction of T'equesta Drive. The section presented below is typically used in this geographic area. Component 'l['Ihiel;n~s and Composition Weanng Course 1.5 inches structural asphaltic concrete Base Course 8 inches of crushed aggregate (LBR = 100 minimum) Subbase 12 inches of stabilized subgrade material (LBR = 40 minimum) The section given above is intended as a guideline only as the pavement should be designed specifically for the vehicle load intensities and frequencies anticipated during the life of the project. Crushed aggregate for the base course should meet the requirements of Sections 911 or 913A of the Florida Department of "[`ransportation "Standard Speci,~ications far Road and Bridge Construction." The base materials should have a Limerock Bearing Ratio (LBR) of at least 1G0 and be compacted to rot less than 98 percent of the Modified Proctor (AAS>:ITU 7~-180) maximum dry density. Subbase materials should be densified to an equivalent relative compaction. subgrade soils receiving flexible paving should be uniformly compacted to 95 pe*cent of the maximum dry donsity (AASHTU 't-180). I,I11'II~'A'FI~NS This study has been performed for ARCADIS U.S., Inc. to aid in the design of the foundations of the ne~A~ replacement bridge to be built for Tequesta Drive. Dunkelberger Engineering & Testing, Inc. warrants that the recommendations and professional advice presenter) in this report are based upon recognized practices and the disciplines of soil mechanics, foundation engineering, and engineering geology. No other warranties are expressed or implied. oUo DIINKELBERGER 1 1 1 1 1 1 1 ARCADIS U.S., Inc. Project No. WPB-08-7225 Page 7 We appreciate the opportunity to work with you on this project. Should you have any questions, please call. Sincerely, DUNKELBERGER ENGINEERING & TESTING, INC. ~~ J son DuBois Project Manager 7225(Dec. 08)rpt jd Kevin E. Aubry; P.E. ~Z ~Fq-D$ Geotechnical Services Manager FL Registration No. 38175 Attachments: Sheet 1 -Location Plan and Subsurface Profiles Sheet 2 -Double Ring Infiltrometer Test Results Sheets 3A and 3B -Summary of Pile Compressive /Tensile Capacity Analysis cc: Addressee (3) ... via email and hand delivery Bridge Design Associates, Inc. (2) via email and hand delivery Attn: Mro Chris LaPorte, E.I. DUNKE6BERGER ,:~ ~, ~~ ~ .9.4 x ;~ t i .'f ~ ~i F: } ~ F ~f 4 ~ y ~ 4TY A p ~:~~. xR SOURCE: GOOGLE EARTH.COM X20 W Z ~ 30 W 40 50 BORING LOCATION PLAN 60 SCALE: 1" = 200' CPT - Indicates the resistance in tsf to the advance LEGEND of a Brainard-Kilman Model S-214 hand-held cone penetrometer . 0 Asphaltic concrete pavement N - Indicates the number of blows of a 140 pound hammer, freely falling a distance of 30 ®j TO Topsoil inches, required to drive a 2-inch diameter sampler 12 inches (ASTM D 1586} ® 0 Light brown to brown fine SAND with shell fragments and gravel-sized concrete fragments (SP) (FILL) 100/5 - Indicates one hundred SPT hammer blows were required to drive the sampler 5 inches 0 Gray to light brown fine SAND, trace silt (SP) SP - Unified Soil Classification System Group Symbol (ASTM D 2487) m O Brow( slightly silty fine SAND, slight iron-oxide stain SP-SM TB-1 - Standard Penetration Test SPT ( ) ~ boring location and number 04 Light brown fine SAND, some lenses with sand- sized shell fro ments and gravel-sized limestone fragments (SP~ DRIT - Double Ring Infiltrometer Test location and number ® 5 O Light brown cemented SAND and SHELL with 6.0'®11:18AM 1 zones of fine sand (COQUINA) - Depth of groundwater (feet) 1D-13-08 & date measured CPT< O 6.0'®11:18AM 1 O 10-13-OB 3 0:22 TB-1 TB-2 N ~ N CPT 50+ 0 O 4.4'®9:40AM1 + 3.4®12:30PM1 2 = 6 O 1z-1o-os 10-14-D8 7 O 9: 0:20 0:18 0:27 ~ 0:24 n 8 ~ 0 °~~0:19 ~a~f 0:17 0:33 ° 0:35 7 0:47 1:25 0:42 0:51 ~f0:57 1:28 0:25 51 1:34 1:21 1:50 69 2:42 1:15 BOREHOLE GROUTED 0' - 60' Indicates time (minutes) required for 3" 0:20 diameter rotary wash advance, using 150 psi downpressure between intervals shown. NOTES (1) Borings TB-1 and TB-2 were drilled on October 13 and 14, 2008 using a Central Mine Equipment Model 55 (CME 55) driling rig. Borings TB-3 and TB-4 were drilled on December 10, 2008 using a Central Mine Equipment Model 45 (CME 45) drilling rig. (2) Strata boundaries are approximate and represent pRAwN GD soil strata at each test hole location only. Soil transitions may be more gradual than implied. CHECKED JD (3) Groundwater depths shown on the subsurface APPROVED KA profiles represent groundwater surfaces on the dates shown. Groundwater level fluctuations scA~E AS SHOWN should be anticipated throughout the year. REVISED TB-3 N ; BOREHOLE GROUTED 0' - 60' SUBSURFACE PROFILES SCALE: 1" =10' TB-4 N 0 10 20 W W W Z 30 = W W 40 50 60 BORING LOCATION PLAN AND SUBSURFACE PROFILES PROPOSED TEQUESTA DRIVE BRIDGE REPLACEMENT DUNK~bB~RGER engineering & testing, inc. DATE 12-19-08 Na ~' WPB-08.7225 SHEET 1 i DOUBLE RING INFILTROMETER TEST RESULTS PROPOSED TEQUESTA BRIDGE REPLACEMENT PROJECT No. WPB-08-7225 DRIT Date of Test: 12/16/2008 TIME T IME INCREMENT ELAPSED TIME A MOUNT OF WATER ADDE D INFILTRATION RATE MINUTES MINUTES TO INNER RING ailons INCHESIHOUR 12:15 0 0.0 0 15 12:30 15 1.8 14.71 15 12:45 30 1.75 14.30 15 13:00 45 1.80 14.71 15 13:15 60 1.75 14.30 15 13:30 75 1.75 14.30 15 13:45 90 1.80 14.71 15 14:00 105 1.75 14.30 30 14:30 135 3.90 15.93 30 15:00 165 3.50 14.30 30 15:30 195 3.50 14.30 15 15:45 i ~ 2~r', ".?~ 14.30 DIAMETER OF INNER RING = 12 INCHES DIAMETER OF OUTER RING = 36 INCHES AVERAGE INFILTRATION RATE = 14.47 INFILTRATION RATE DUNKELI3ERGER a ~ 20 Z p 15 O= r= in 10 a w ~ v 5 z? 0 0 50 100 150 200 ELAPSED TIME (MINUTES) ~ -~-INFILTRATION RATE 250 Sheet 2 ALLOWABLE PILE COMPRESSIVE CAPACITY 18-INCH SQUARE PRECAST CONCRETE PILES 0 -10 W -20 w w a w -~ -30 a O F- x H a w -40 0 -50 -60 0 10 20 30 40 50 60 70 ALLOWABLE PILE COMPRESSIVE CAPACITY (TONS) TB-2 ~TB-1 -~-WATER 80 90 100 Sheet 3A ALLOWABLE PILE TENSILE CAPACITY 18-INCH SQUARE PRECAST CONCRETE PILES 0 -10 w -20 w ~_ a F- W ~ -30 a O H 2 H o -40 -50 fi--- -----.__ __ --_ __;___ __ --- - I I i iil _------- - i-- ---' -60 ~-- 0.00 10.00 20.00 30.00 40.00 ALLOWABLE PILE TENSILE CAPACITY (TONS) ~-TB-2 -~--TB-1 -~-WATER 50.00 Sheet 36 i 1 N 1 1 1 1 M M 1 r r r N i~ APPENDIX C 1 1 t r 1~ FDEP Permit (Pending) 1 1 1 t 1 Army Corp of Engineers Permit (Pending) 1 t t t j t t t Palm Beach County Health Department Permit t 1 1 Charlie Crist Governor W ~ 1'~j 3 0 ~,~ ~ ~a a > Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General D. Albrey Arrington, Ph.D Executive Director Loxahatchee River District 2500 Jupiter Park Drive Jupiter, FL 33458 PERMIT NO.: 138774-218-DWC EXPIRATION DATE: 03/05/2014 UTILITY: Loxahatchee River District PROJECT: Tequesta Drive Bridge Utility Relocation This permit is issued under the provisions of Palm Beach County Ordinance No. 97-58. The above named applicant is hereby authorized to pertorm the work shown on the approved plan(s) attached hereto and made a part hereof and specifically described as follows: Construct a replacement wastewater force main to accommodate a bridge replacement located on Tequesta Drive crossing the Loxahatchee River in the Village of Tequesta, Florida. This permit is subject to the following conditions: 1. It shall be the responsibility of the permittee to retain a professional engineer, registered in Florida, to observe that the construction is in accordance with the submitted plans. 2. This permit does not include construction of any conflict manholes. The construction shall be strictly in accordance with the "Standard Water and Sewer Separation Statement" and other design specifications noted on the engineering plans. If field conditions require deviations from the proposed design, the project engineer shah consult with this agency prior to construction. 3. An approval must be obtained from this agency prior to placing the wastewater system into operation; approval can be requested by submitting a completed DEP Form # 62-604.300(8)(b) for "Request For Approval To Piace A Domestic Wastewater Collection/Transmission System Into Operation" together with a set of record drawings and a contract with a septic tank company for pump-out in case of pump failure or overflow. All crossings between water lines and sanitary or storm sewers and force mains must be clearly identified with elevation on all record drawings. 4. Prior to construction, all required permits or approvals must be obtained from all aspects of the project from the appropriate agencies. - Darrel J. Graziani, P.E. Enviro ental Administrator Environmental Health & Engineering Project Engineer: Thomas C. Jensen, P.E. Utility: same 1 PALM BEACH COUNTY HEALTH DEPARTMENT Post Office Box 29 / 901 Evernia Street, West Palm Beach, FL 33402 Jean M. Malecki, MD, MPH, FACPM, Director www.obchd.com TELEPHONE (561) 355-3070 FAX (561) 355-4242 FLORI-A'-BPARTMENi' OF 1' ~~~~~ J t t 1 t 1 I~~ FL~RIDA_DF,P~RTMENT OF ~` HEA~~'~I Charlie Crist Governor Russell K. White Public Services Director Village of Tequesta 136 Bridge Road Tequesta, FL 33469 W Flu3~~v~o~~ Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General PERMIT NO.: 138296-035 - DSGP EXPIRATION DATE: 03/05/2014 UTILITY: Village of Tequesta PROJECT: Tequesta Drive Bridge Utility Relocation This permit is issued under the provisions of Palm Beach County Ordinance No. 97-58 and Palm Beach County ECR-II. The above named applicant is hereby authorized to pertorm the work shown on the approved plan(s) attached hereto and made a part hereof and specifically described as follows: Construct a replacement water main to accommodate a bridge replacement located on Tequesta Drive crossing the Loxahatchee River in the Village of Tequesta, Florida. This permit is subject to the following conditions: 1. It shall be the responsibility of the permittee to retain a professional engineer, registered in Florida, to observe that the construction is in accordance with the submitted plans. 2. This permit does not include construction of any conflict manholes. The construction shall be strictly in accordance with the "Standard Water and Sewer Separation Statement" and other design specifications noted on the engineering plans. If field conditions require deviations from the proposed design, the project engineer shall consult with this agency prior to construction. 3. An approval must be obtained from this agency prior to placing the water system into operation; approval can be requested by submitting a completed DEP Form # 62-555.900(9) for "Certification of Construction Completion and Request For Clearance To Place Permitted PWS Components Into Operation" together with a set of record drawings. All crossings between water lines and sanitary or storm sewers and force-mains must be clearly identified with elevation on all record drawings. 4. Prior to construction, all required permits or approvals must be obtained from all aspects of the project from the appropriate agencies. This permit does not include construction of any reclaim water facilities. Such permits must be obtained separately from the appropriate agency. ..~ Darrel J. Graziani, P.E., vironmental Administrator Environmental Health & Engineering ISSUED THIS 6~' DAY OF MARCH, 2009 c: Project Engineer: Thomas C. Jensen, P.E. Utility: same PALM BEACH COUNTY HEALTH DEPARTMENT Post Office Box 29 / 901 Evernia Street, West Palm Beach, FL 33402 Jean M: Ma_lecki, MD, MPH, FACPM, Director www.pbchd.com TELEPHONE (561) 355-3070 FAX (561) 355-4242 r t i 1 t 1 1 t 1 t s 1 1 1 M 1 APPENDIX D r t Village of Tequesta Tequesta Drive Bridge Utility Relocation 17-Feb-09 ADDENDUM No. 1 ~,] This document forms a part of the contract documents and modifies the original plans and specifications dated February 2009, as noted below. Acknowledge receipt of this Addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This Addendum consists of 21 pages, 4 plan sheets and 15 numbered items, as follows: 1 D . elete Sheets 3, 4, 5 and 6 of 10 and replace with the attached Sheets 3, 4, 5 and 6 of 10 marked Addendum No. 1 in the revision box, four sheets total. 2. Invitation to Bid. Delete °Thursday, February 19, 2009" from first paragraph, first sentence and replace with the following Tuesday, February 24, 2009 3. Instructions to Bidders. Delete Instructions to Bidders 1.15 and add the following 1.15 TIME OF AWARD: The Owner reserves the right to hold all proposals and bid guaranties for a period not to exceed one- hundred and twenty (120) days after the date of bid opening stated in the Invitation to Bid. 4. Proposal. Add the following word to Proposal, paragraph 5., last sentence utilized. 5. Section 01019, General Requirements. Add the following after Section 01019, General Requirements 1 09 WORKING HOURS d li d d , . , secon ne, secon wor . and Saturdays 6. Special Requirements. Add the following after S ecial Re uirements, L.12., P q first line second word FDEP and SFWMD 1 7. Special Requirements. Add the following to Special Requirements, L.12. The Contractor is specifically advised that he will be responsible for any requirements resulting from any modifications to the FRAC OUT plan included in Appendix A that may be required by the ACOE, FDEP and SFWMD. ADDENDUM 1 - 1 t 1 1 t i 8. Special Requirements. Delete Special Requirements, K. and add the following K. AWARD: The Contractor shall be required to attend either the Village Council meeting or Loxahatchee River District Board meeting as requested by Engineer. 9. Proposal. Delete "twenty (20)" from Proposal, paragraph 3. first line and forth line and replace both with the following. "ten (10)" 10. Proposal. Delete "ninety (90)" from Proposal, paragraph 2. second line and replace with the following. "one-hundred twenty (120)" 11. Section 02320 Horizontal Directional Drill Installation. Delete Section 02320 Horizontal Directional Drill Installation 3.01 A. and replace with the following. A. The horizontal directional drill shall be placed using a wire line j guidance system. Walk-over guidance systems or other guidance systems will not be acceptable. Clearances as noted on the plans shall be maintained. 12. Special Requirements. Add the following after Special Requirements L.8. first sentence. The video shall include the interiors and exteriors of the following residences. 473 Tequesta Drive, Tequesta FL 33469 474 Tequesta Drive, Tequesta FL 33469 475 Tequesta Drive, Tequesta FL 33469 478 Tequesta Drive, Tequesta FL 33469 The Contractor is specifically advised that 475 and 478 Tequesta Drive are multi-family complexes with multiple residences. 13. Delete Supplementary Conditions to the General Conditions in its entirety and replace with the attached Supplementary Conditions to the General Conditions, 16 pages total 14. Table of Contents. Add the following to Table of Contents Page ii. APPENDIX - D Bore Pit Detail and Bore Sections Sheets 1-2 15. Insert the attached APPENDIX D, three pages total ADDENDUM 1 - 2 t 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 provisions of the General Conditions shall remain in effect. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1996 edition) have the meanings assigned to them in the General Conditions. 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 ability to place and keep into service the new facilities including the attainment of release for service from all agencies having jurisdiction. 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. 1.01 A.51. Add the following: BIDDER -Any individual, partnership, corporation, or joint venture submitting a Bid for the Work to be performed. 1.01 A.52. Add the following: RESIDENT PROJECT REPRESENTATIVE -The Resident Project Representative (RPR) may be assigned to the site or any part thereof on a full time basis or a part time basis. This will be determined by Engineer's Agreement with Owner. ARTICLE 2 -PRELIMINARY MATTERS 2.02 COPIES OF DOCUMENTS: Delete in its entirety and substitute the following: All copies of documents necessa for the execution of the Work in cludmg but not limited to permitting 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. ' SGC-1 ADDENDUM 1 WF143000 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.: 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 6.3.. 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. The format and presentation method used for the schedule of values shall be as required by the Engineer and is subject to the Engineer's approval. An extremely detailed schedule will be 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. SGC-2 ADDENDUM 1 1 WF143000 ARTICLE 4 -AVAILABILITY OF LANDS• SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCED POINTS: Section 4.02 A.1. Delete in its entirety and replace with: Subsurface Explorations and Reports: Appendix B "Geotechnical Report° is supplied for informational purposes only and is not part of this Contract. Groundwater table elevations shown in the report, if any, are known to be highly variable (seasonal and otherwise). The CONTRACTOR shall have full responsibility with respect to determining subsurface conditions at the site. Add the following to Section 4.02 B.: 4.02 B.4., any data that could be reasonably suspected not to be accurate unless it has not been confirmed in writing by the OWNER or 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. Add the following to Section 4.05.: All locations shown on the drawings are established from a baseline, the bearing and starting point of which are identified on the drawings. The Contractor shall install permanent concrete monuments on the baseline at the locations shown. A benchmark for vertical control will be provided. All construction staking shall be provided by the Contractor's Professional Surveyor. Grades shown are finished grades. Written dimensions have preference over scaled dimensions. All elevations are based on the National Geodetic Vertical Datum (N.G.V.D.), unless otherwise noted. 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 #o 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: SGC-3 ADDENDUM 1 WF143000 1 1 f r i r 1 f 1 r t 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. 1. Workers' Compensation: a. State Statutory b. Applicable Federal (e.g.) Longshoreman's Statutory c. Employer's Liability $500,000 t ~ o 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 Aggregate $2,000,000 Product's & Completed Operations Aggregate $2,000,000 b. Personallnjury: $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 Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insured on CONTRACTOR's General Liabil ity Policy. Add the following names: SGC-4 ADDENDUM 1 WF143000 t a t C t 1~ LJ t 1 t t t 1 t OWNER (Water Mains Village of Tequesta and their employees PO Box 3273 Tequesta, FL 33469 OWNER (Force Main)- Loxahatchee River Control District and their employees 2500 Jupiter Park Drive Jupiter, FL 33458 ENGINEER - Arcadis US, Inc. 2801 Vista Parkway West Palm Beach, Florida 33411 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: 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. Delete 5.06 A in its entirety and insert the following: 5.06 PROPERTY INSURANCE: 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 not 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. SGC-5 ADDENDUM 1 WF143000 1 1 t t 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 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 6.06.C.: Owner or Engineer may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's Applications for Payment. Add the following to Section 6.08: i SGC-6 ADDENDUM 1 W F143000 1 The CONTRACTOR shall be required to secure all necessary permits from Palm Beach County and the Village of Tequesta. The CONTRACTOR shall be responsible for acquiring all necessary construction permits related to this project. The Contractor shall pay all permit fees except those due to the Village of Tequesta. Permit fees due to the ~Ilage of Tequesta shall be paid by the Owner directly to the Village. 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: 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 as established pursuant to the requirements of these documents and the award of the project. For purposes of this determination the Contractor shall assume the Engineer or his representative shall be on site at all times the Contractor is on site. 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 -ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: Delete the first sentence and substitute the following: If the OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the construction period. The Engineer and Resident Project Representative's (RPR's) duties, responsibilities and authorities shall be as agreed by the Owner and Engineer and as set forth at the pre-construction conference. If the Owner designates another agent to represent the Owner at the site who is not Engineer's agent or employee, the duties, responsibilities and limitations of authority of such other agent will be presented at the pre-construction conference. ARTICLE 11 -COST OF WORK; CASH ALLOWANCES; UNIT PRICE WORK: Add the following to Section 11.02.: It is further understood that the bidding allowance, if identified on the bid form, shall be authorized and utilized solely in accordance with the terms and conditions set forth in Section 01150 of the project specifications. Delete section 11.03.C. in its entirety and substitute the following in its place: SGC-7 ADDENDUM 1 WF143000 1 t r 1 t t Contractor may not make claim for additional expenses incurred as a result of a difference between final quantity of any item(s) of Unit Price Work and the estimated quantity of such item(s) in the Contract Documents, unless specifically allowed in the Bid Form. Any adjustments specifically allowed shall be made in accordance with directions in the Bid Form. ARTICLE 12 -CHANGE OF CONTRACT PRICE; 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 the ENGINEER that the original critical path requires or would have required modification. Delete Section 12.06 A. and replace with the following: No claim for damages or any claim other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from Owner for direct, indirect, consequential, impact or other costs, expenses, or damages, including, but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the contract time as the sole and exclusive remedy for such resulting delays, in accordance with and to the extent spec~cally provided herein. ARTICLE 13 - TEST AND INSPECTIONS; 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: SGC-8 ADDENDUM 1 WF143000 1 t 1 r t 1 f t 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". Add the following: The Contractor shall use and complete the cover sheet provided in the Supplementary General Conditions for each progress payment. Additional requirements as set forth in Sections 01150 shall be followed. When the Contractor receives payment from the Owner for labor, services or materials furnished by subcontractors and/or suppliers hired by the Contractor, the Contractor shall remit payment due those parties within ten (10) days after receipt of payment, or earlier, unless otherwise provided by Florida Law. Add the following to Section 14.04 A.: Regardless of the foregoing nothing herein shall alter the responsibility of the Contractor to complete the construction services, materials and items herein by the Owner. 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 (page SGC-13 &SGC-14) 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. 14.07 A.3. FINAL PAYMENT: Add the following: The affidavit of Contractor as referenced herein shall be provided on the form supplied in the Supplementary General Conditions, fully executed. A Bill of Sale, Absolute, with accompanying exhibits as required, shall accompany the final pay request. The Bill of Sale, Absolute shall be provided on the form supplied in the Supplementary General Conditions. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATIONS Delete paragraph 15.03. in its entirety and insert the following in its place: The Owner may terminate this contract for convenience upon providing Contractor fourteen (14) days written notice of the same. If the Contractor is terminated as provided herein, the Contractor shall be paid for all work executed and expenses incurred prior to the date of termination. Payment shall include services actually performed in full prior to termination date, SGC-9 ADDENDUM 1 WF143000 l but shall excluded all lost profits, indirect, special, or other damages for the remainder of the project. If a Court of competent jurisdiction finds that the Village wrongfully terminated this Contract, then in such event, this Contract shall be deemed terminated for convenience as provided for in Section 15.03 of the Supplemental Conditions and the Contractor shall not be entitled to damages or loss of profits, but shall include all items provided for in Section 15.03 above. 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 j out of this agreement to be in the Circuit Court in and for Palm Beach County, Florida. 1 t 1 i 1 1 SGC-10 ADDENDUM 1 WF143000 A RELEASE ,hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges Arcadis US, 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 Tequesta Drive Bridge Utility ~` Relocation in accordance with a contract dated between the ^ CONTRACTOR and the Village of Tequesta and Drawings and Specifications prepared by ENGINEER. CONTRACTOR: By: Title: STATE OF FLORIDA ) SS. COUNTY OF I HEREBY CERTIFY that on tfiis 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 20_ NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: t l a SGC-11 ADDENDUM 1 WF143000 1 r 1 1 RELEASE hereinafter refen'ed 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 Tequesta Drive Bridge Utility Relocation in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta. CONTRACTOR By: Title: STATE OF FLORIDA ) SS. COUNTY OF 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 20_ NOTARY PUBLIC, State of Florida at Large 1 n (NOTARY SEAL) My commission expires: SGC-15 ADDENDUM 1 WF143000 1 [l LJ 1 I u i t RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges the Loxahatchee River District, 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 Tequesta Drive Bridge Utility Relocation in accordance with a contract dated between the CONTRACTOR and the Loxahatchee River District. CONTRACTOR By: Title: STATE OF FLORIDA SS. COUNTY OF 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 20_. NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: SGC-16 ADDENDUM 1 WF143000 Rcad Version: 2006 Palh\Name: C:\AProjecls\WR\WF PROJECTS\147000-VOT BR10GE\C~D\FDEP\ACCESS-RECEIVING PIT.dwq User Nome: Dean, Krislopher Plol Dote\Time: 2/17/2009 12:23 PN Current Plotsyle: pC5-Mono-Imperial-CTB.cIb Page Set Up Name: 20' 15' EROSION PROTECTION AS REQUIRED (HAY BALES, SILT FENCE, ETC.) EROSION PROTECTION AS REQUIRED (HAY BALES, SILT FENCE, ETC.) 20' _ - DRILL ROD HDD RIG I~ -______ J - PLAN HDD RIG a ~~ ~~ ~~ . 15 20' SECTION HDD ACCESS PIT a_. EROSION PROTECTION AS REQUIRED (HAY BALES, SILT FENCE, ETC.) DRILL ROD DRILL ROD - CV = _ _ _ _ _ _ _ _ ' PLAN EROSION PROTECTION AS REQUIRED (HAY BALES, SILT FENCE, ETC.} ~~ ~~ ~~ ~~ ~ ~~ ~~ 20' SECTION HDD RELIEVING PIT SCALE: NONE SCALE: NONE Mad Vernon: 2006 Path\Name: C'\AProjecls\WR\WF PROJECTS\13000-VOT DPoDOE\CAD\FOEP\ACCESS-RECgVING PlT.dwg User Nome: Dean, Krislaphsr Plol Dote\iime: 2/17/2009 12:23 PN Cumenl Pbtsyle: ACS-Nano-Imperial-CTB.cIb Poge Sel Up Name:---- APPROX. EXIST. GRADE -_ 68't TO ~ BRIDGE z 38" REAMED HOLE ~ 0 (V .. _. 12" HDPE DR9 WATER MAIN (4) 3" HDPE DR9 `~ +i ~. ~ . . 38" REAMED HOLE .: ~ (2) 6" HDPE, DR11 SECTION NORTH SIDE OF BRIDGE SCALE: NONE APPROX. EXIST. GRADE I 72't TO ~ BRIDGE z g 45" REAMED HOLE O (V ~~~ -~ ~ 1 ~ ~ ~ 18" HDPE DR9 FORCE MAIN SECTION SOUTH SIDE OF BRIDGE SCALE: NONE t Village of Tequesta 19-Feb-09 Tequesta Drive Bridge Utility Relocation ADDENDUM No. 2 This document forms a part of the contract documents and modifies the original plans and specifications dated February 2009, as noted below. Acknowledge receipt of this 1 Addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This Addendum consists of 8 pages and 2 numbered items, as follows: 1. Delete Section 02640 Valves and insert the attached Section 02640 Valves, 3 pages. 2. Delete Appendix A and insert the attached Appendix A, 4 pages. 3. Section 01150, Measurement and Payment. Section 01150 Part 1 1.03 A. Two (2) 6-inch FPL Conduits. Delete- the third sentence and replace with the following. Unit cost shall include all materials, labor and equipment necessary to coordinate the delivery of FPL provided conduits and install the two (2) conduits by directional bore as shown on the plans, unit cast does not include the material cost of the two conduits that will be provided by FPL. u 1 r ADDENDUM 2 - 1 t 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 De artment of Commerce Commercial Standards P (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 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. 02640-1 ADDENDUM 2 WF143000 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-Ib 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-Ib 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 RESILIENT SEATED GATE VALVES: Resilient seated gate valves shall conform to the latest edition of AWWA C509. Valves shall provide bidirectional bubble tight sealing at 150 psi differential. Valves shall be as manufactred by American Cast Iron Pipe Company, Mueller, or Kennedy. 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 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. 25 or APCO 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. 2.05 FIRE HYDRANTS: Fire hydrants shall be the traffic type with break flange construction, self- draining, compression type with o-ring seal and shall conform with AWWA C502-85. Hydrants shall open left and shall have a 5-1 /4 inch valve opening. They shall have one, 4-1 /2 inch pumper nozzle and two, 2-1/2 inch hose nozzels, all National Stardard Threads unless otherwise specified; inlet connection as noted on the drawings, size 6-inches; National Standard operating nut. 2.06 CORPORATION/CURB STOPS: Corporation stops shall be Mueller, or Ford, threaded on the inlet side with Mueller threads and the outlet side fitted with connections to suit connecting pipe or tubing. 2.07 TAPPING SLEEVES: Tapping sleeves shall be 316SS with 316SS bolts as manufactured by JCM or Rockwell. ~! 2.08 PLUG VALVES: Plug valves shall conform to the latest edition of AWWA C504, Class 150. Plug valves shall be non-lubricated eccentric type with resilient seating. Plug valves shall allow for bi-directional sealing at 150 psi differential pressure. Plug valves shall be flange by mechanical joint to allow installation on tapping sleeves. Port area shall be a minimum of 80% of pipe area. 16-inch plug valves shall allow fora 12-inch tapping bit to pass through the port area. Plug valve operators shall be suitable for buried service, worm gear type, with a 2-inch operating nut. The valve operator shall be oriented 90 degrees from the top of valve. Plug valves shall be manufactured by Milliken or DeZurik 02640-2 ADDENDUM 2 WF143000 [] PART 3 -EXECUTION Refer to Part 3, Section 02610. t 1 t 02640-3 ADDENDUM 2 WF143000 1 1 1 APPENDIX A 1 1 1 r 1 1 r r Frac-Out Contingency Plan for Horizontal Directional Drilling The Village of Tequesta Tequesta Drive Bridge Utility Relocation is proposed to cross the North Fork of the Loxahatchee River by Horizontal Directional Drilling (HDD). Frac-out is a potential concern when the HDD is used under waterways and other areas of concern. The HDD procedure uses bentonite slurry, a fine clay material as a drilling lubricant. The bentonite is non-toxic, but benthic invertebrates, aquatic plants and fish and their eggs can be smothered by the fine particles if bentonite were discharged to waterways. The purpose of a Contingency Plan or "Frac-out" plan is to: • Minimize the potential for afrac-out associated with horizontal directional drilling activities • Provide for the timely detection of frac-outs • Protect areas that are considered environmentally sensitive • Ensure an organized, timely, and "minimum-impact" response in the event afrac-out occurs • Ensure that all appropriate notifications are made to the appropriate regulatory agencies in 24 hours and that documentation is completed The "Frac-out" plan is prepared by the drilling contractor, to ensure that preventive and responsive measures can be implemented by the contractor. To minimize the potential for a frac-out, the Contingency Plan includes: • Design protocols to be implemented for the protection of sensitive cultural and biological resources • Design protocols to require a geotechnical engineer or qualified geologist to make recommendations regarding the suitability of the formations to be bored to minimize the potential for frac-out conditions Prior to construction, sensitive cultural and biological resources will be protected by implementing the following measures: • Where present, sensitive cultural and biological resources will be flagged for avoidance or construction limits will be clearly marked • Barriers (straw bales or sedimentation fences) will be erected between the bore site and nearby sensitive resources prior to drilling, as appropriate, to prevent released material from reaching the resource • On-site briefings will be conducted for the workers to identify and locate sensitive resources at the site • Ensure that all field personnel understand their responsibility for timely reporting of frac-outs ADDENDUM 2 r • Maintaining necessary response equipment on-site or at a readily accessible location and in good working order • Disallowing fill into waters of the United States unless proper permits have been obtained • Monitoring for the duration of drilling activities by a qualified biologist r Construction is expected to occur in March 2009. The drilling entry and exit areas will be clearly marked, surrounded by construction fencing and silt fencing to minimize the potential for all-site migration of drilling mud. Access and egress locations will be designated and clearly marked. The likelihood of inadvertent return decreases as the depth of the pipe increases. To reduce the potential of a frac-out affecting sensitive resources, the entrance and exit points for drilling will be located approximately 250 feet from the edge of water and the HDD installation will be a minimum of 20 below land surface and the river bed for portions under the North Fork of the Loxahatchee River. Contingency Response Once afrac-out is identified: • All work stops, including the recycling of drilling mud/lubricant. The pressure of water above the pipe keeps excess mud from escaping through the fracture. • Determine the location and extent of the frac-out. If the frac-out is terrestrial: • Isolate the area with hay bales, sand bags, or silt fencing to surround and contain the drilling mud. • Consult with Owner (Village of Tequesta) regarding next appropriate action among the following: -A mobile vacuum truck will be used to pump the drilling mud from the contained area and recycled to the return pit. -The drilling mud will be left in place to avoid potential damage from vehicles entering the area. 1 t • Once excess drilling mud is removed, the area will be seeded and/or replanted using species similar to those in the adjacent area, or allowed to re-grow from existing vegetation. If the frac-out is aquatic (i.e. under water)• • Monitor frac-out for 4 hours fo determine if the drilling mud congeals. (Bentonite will usually harden, effectively sealing the frac-out location). • Consult with Determine the appropriate action from among the following: -If drilling mud congeals, take no other action that would potentially suspend ADDENDUM 2 t 1 sediments in the water column. -If drilling mud does not congeal, erect isolation/containment environment (underwater boom and curtain). -If the fracture becomes excessively large, a spill response team would be called in to contain and clean up excess drilling mud in the water. Phone numbers of spill response teams in the area will be on site. • If the spill affects an area that is vegetated, the area will be seeded and/or replanted using species similar to those in the adjacent area, or allowed to re-grow from existing vegetation. After frac-out is stabilized and any required removal is completed, document post-cleanup conditions with photographs and prepare frac-out incident report describing time, place, actions taken to remediate frac-out and measures implemented to prevent recurrence. r ADDENDUM 2 r t Village of Tequesta Tequesta Drive Bridge Utility Relocation 23-Feb-09 CLARIFICATION No. 1 This document clarii•ies the original plans and specifications dated February 2009, as noted below. This Clarification consists of 1 page as follows: 12. Special Requirements. Special Requirements L.8. Interior videos shall include walls, ceilings and the floors. Removal of floor coverings (carpet, wood, etc.) and furniture will not be required for video record. 1 ij I l i ADDENDUM 3 - 1 ~ - COVERAGES CERTIFIC TE H LDER CANCE LATI ACOR® 25 (2001108) ©ACORD CORPORATION 1988 ~ ACORDM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 04/07/2009 PRODUCER (248)471-0970 FAX (248)471-0641 Griffin, Smalley and Wilkerson, Inc. 37000 Grand River Avenue THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 2999 Farmington Hills, MI 48333-2999 INSURERS AFFORDING COVERAGE NAIC# INSURED Utility Services Authority LLC wsuRERA: Zurich -American 40142 6001 Schooner INSURER B: American Guarantee & Liability Belleville, MI 48111 INSURER C: Federal Insurance Company 20281 INSURER D: INSURER E: THE- POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REflUiREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY GL0372898903 03/01/2009 03/01/2010 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300 , 00 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ lU , 00 A X X C U PERSONAL&ADVINJURY $ ],000,000 X , , Contractual Liab. GENERALAGGREGATE $ 2000,000 GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPlOPAGG $ 1,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO BAP3728988 03/01/2009 03/01/2010 (Ea accident) 2,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY t $ X NON-OWNED AUTOS ) (Per acciden PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY AUC534465804 03/01/2009 03/01/2010 EACHOCCURRENCE $ 20,000,000 X OCCUR ~ CLAIMSMADE AGGREGATE $ 20,000,000 B $ DEDUCTIBLE $ RETENTION $ $ wORI(ERSCOMPENSATIONAND WC464177802 01/01/2009 01/01/2010 X WC sTATU- oTH- EifNPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1 , OOO , OOO A ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? - E. L. DISEASE-EA EMPLOYEE $ 1,000,000 h yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 , 000 , 000 OTidER 06639074 03/01/2009 03/01/2010 $757,000 Limit nstallation Floater C DESCRIf'T10N OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS , roject: Tequesta Drive Bridge Utility Relocation, Tequesta, FL. Village of Tequesta and their mployees, Loxahatchee River Control District and their employees and ARCADIS US, Inc. are dditional insureds on the general liability policy with respect to liability arising out of ongoing nd completed operations performed by the named insured on the above captioned project. Where required y written contract; Insurance afforded to the additonal insured sshall be primary and not excess 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; Vi 11 age Of Tequesta BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 250 Tequesta Drive OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Tequesta, FL 33469 AUTHORIZED REPRESENTATIVE //~/~ (,nti~ / J, f ' //I ° ' . ' V Steven Brandon/SAR fr. I ~ ~. ' Village of Tequesta Certificate issued to Village of Tequesta 04/07/2009 Griffin, Smalley and Wilkerson, Inc 04/07/2009 over or contributing with any insurance purchased or maintained by the additional insured. Waiver of Subrogation is included in favor of Village of Tequesta on General Liability, Automobile, Umbrella and Workers' Compensation. Coverage afforded will not be canceled or materially changes or renewal refused until at least 30 days prior written notice has been given to Village of Tequesta and Loxahatchee River Control District.