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Agreement_General_8/13/2020_Ferreira Construction
PROJECT MANUAL Pine Drive and Tequesta Drive Drainage Improvements July 2020 Prepared By: Mock, Roos & Associates, Inc. 5720 Corporate Way West Palm Beach, FL 33407 Engineer's Project No. B9033.00 Pine Drive and Tequesta Drive Drainage Improvements ITB NO. UTIL 01-20 JULY 2020 VILLAGE OF TEQUESTA 345 Tequesta Drive Tequesta, FL 33469 Prepared by: MOCK< zoos CONSULTING ENGINEERS 5720 Corporate Way West Palm Beach. Florida 33407 PA#B9033.00 1 PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements TABLE OF CONTENTS NO. OF PAGES DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 INVITATION TO BID....................................................................................................... 1 00100 INSTRUCTIONS TO BIDDERS........................................................................................ 8 00300 BID FORM....................................................................................................................... l 1 00500 AGREEMENT..................................................................................................................10 00501 OPINION OF ATTORNEY................................................................................................ 1 00610 CONSTRUCTION PERFORMANCE BOND.................................................................... 2 00620 CONSTRUCTION PAYMENT BOND.............................................................................. 2 00630 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES .................... 1 00670 CONTRACTOR'S AFFIDAVIT TO OWNER.................................................................... 1 ' 00680 APPLICATION FOR PAYMENT...................................................................................... 1 00681 SCHEDULE OF VALUES AND WORK COMPLETED .................................................. 1 00700 GENERAL CONDITIONS................................................................................................77 00800 SUPPLEMENTARY CONDITIONS.................................................................................. 7 00840 RESIDENT PROJECT REPRESENTATIVE..................................................................... 3 00860 LIST OF DRAWINGS....................................................................................................... 1 00900 ADDENDA (ADDED THIS LOCATION IN PROJECT MANUAL - IF ANY) SPECIFICATIONS TABLE OF CONTENTS........................................................................................ 2 DIVISION 1 - GENERAL REQUIREMENTS 01000 01027 GENERAL REQUIREMENTS........................................................................................... 6 MEASUREMENT AND PAYMENT.................................................................................. 2 01720 RECORD DOCUMENTS................................................................................................... 4 DIVISION 2 - SITE WORK 2 02108 VIDEO-RECORDING........................................................................................................ 2 02110 SITE CLEARING............................................................................................................... 2 02210 GRADING......................................................................................................................... EXCAVATING BACKFILLING, AND COMPACTING .................................................. 4 02220 02230 ROCK BASE COURSE..................................................................................................... 2 2 02233 ASPHALT BASE COURSE................................................................................................ 0227 GEOTEXTILE FABRIC 2 02274 RIP -RAP ................... ...................................................................................................... 1 01/06/95 TABLE OF CONTENTS TC-1 Engineer's Project B7002.00 1 02523 SIDEWALKS, DRIVEWAYS AND CURBS ........................................................ 3 02580 PAVEMENT MARKING.................................................................................................... 2 ' 02613 DUCTILE -IRON PIP.......................................................................................................... 4 02615 WATER DISTRIBUTION SYSTEM................................................................................... 4 02675 DISINFECTING WATER MAINS...................................................................................... 2 02700 HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE ........................................ 4 ' 02938 SODDING.......................................................................................................................... 2 APPENDICES I APPENDIX A................................................................................................................ SURVEY (2017) APPENDIX B ........................................................ RECORD DRAWINGS (Partial Provided by Village) DRAWINGS BID DRAWINGS — PINE TREE DRIVE AND TEQUESTA DRIVE DRAINAGE IMPROVEMENTS CONSTRUCTION DRAWINGS (Mock -Roos DWG No. 40-42-25-13, Dated February 2020) A A A A 1 01/06/95 TABLE OF CONTENTS TC-2 Engineer's Project B7002.00 W NOTICE OF SOLICITATION ITB # UTIL 01-20 Pinetree Drive and Tequesta Bridge Drainage Improvements ITB SUBMISSION DATE: JULY 30, 2020 AT 2:00 P.M. drainage, watermain, and roadway improvements at the intersection of Pinetree Drive and Tequesta Drive The Village of Tequesta is seeking Bids from qualified contractors to provide the Village with construction services for drainage improvements at the northeast portion of Tequesta Bridge, in accordance with the terms, conditions, and and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning July 3, 2020. The Village of Tequesta utilizes electronic online services for notification and distribution of its Solicitation documents. The Village's Solicitation information can be obtained from: (a) Demandstar website — www.Demandstar.com; (b) Purchasing webpage on the Village of Tequesta — www.teguesta.ora. Sealed Bid packages must be clearly marked "INVITATION TO BID NO. UTIL 01-20, PINETREE DRIVE AND TEQUESTA BRIDGE DRAINAGE IMPROVEMENTS" and delivered to the Village of Tequesta Village Clerk's Office, 345 Tequesta Drive, Tequesta, Florida 33469. The deadline for submission of Bids is July 30, 2020 at 2:00 PM local time. At that time, the Bids will be publicly opened. Late Bids will not be accepted and will be returned to the sender unopened. The Village will hold a non -mandatory Pre -Bid Conference for this solicitation. The Pre -Bid Conference will be held at July 14, 2020 at 2:00 PM in the Village Council Chambers at 345 Tequesta Drive, Tequesta, Florida 33469. Any questions regarding the specifications and Solicitation process must be submitted in writing to the Village Clerk at Imcwilliams(c�teguesta org, Questions and requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on July 24, 2020 at 5:00 PM. The Village of Tequesta is exempt from Federal and State Taxes for tangible personal property tax. The Village of Tequesta reserves the right to accept or reject any or all Proposals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the Village. I it 00100 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (EDCJC C-700, 2013 Edition) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS. 2.1. Complete sets of the Bidding Documents in the number and for the cost, if any, stated in the Advertisement or Invitation to Bid may be obtained from Village of Tequesta Village Clerk's Office, 345 Tequesta Drive, Tequesta, Florida 33469 and at (a) Demandstar website — www.Demandstar.com; (b) Purchasing webpage on the Village of Tequesta — www.teguesta.org. 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. 1.1 Prime Contractors (Bidder) shall provide adequate information with its bid to demonstrate that it satisfies the following minimum as set forth below. The Village will consider what types of experience the Bidder has when making a determination for award. All decisions of the Village are final. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE. 4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Reference is made to Division 1: General Requirements of the Specifications for the identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. 4.2.3. Copies of such reports and drawings (referred to above), if not attached to the Specifications or added on the Drawings, will be made available by Owner to any Bidder on request. Those reports and drawings are not a part of the Contract Documents. Bidder may not rely upon the accuracy of the non -technical data, interpretations or opinions contained in those reports and drawings. Bidder may not rely on the completeness of those reports and drawings for the purposes of bidding or construction. INSTRUCTIONS TO BIDDERS 02/03/2020 00100-1 Engineer's Project B9033.00 F I Bidder may rely on any technical data contained in those reports and drawings specifically referenced U in Division 1: General Requirements as technical data that can be relied on. 4.3. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. ' 4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in Contract Documents due to differing conditions appear in Paragraphs 5.03 and 5.05 of the General Conditions. LJ 4.5. Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to make or obtain such examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6.On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA. J 5.1 All questions must be submitted in writing to the Village Clerk at lmcwilliams(a-)tequestaorg. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda. Questions received less than seven business days prior to the date for opening of Bids J may not be answered. Only questions answered by formal written Addenda will be binding. Questions or requests for clarification directed to any member of the Village staff may be grounds for rejection of the bid as being irregular. Oral and other interpretations or clarifications will be without legal effect. l•� 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. E 6. BID SECURITY. 6.1.Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. 6.2. The Bid security of the Successful Bidder will be retained by the Owner until such Bidder has delivered all of the following documents to the Owner: INSTRUCTIONS TO BIDDERS 02/03/2020 00100-2 Engineer's Project B9033.00 0 F111 6.2.1 All required certificates or proof of insurance; 6.2.2 The fully executed Agreement contained in the Contract Documents; and, 6.2.3 The fully executed Public Construction Bond (if required) along with a certified copy of the Public Construction Bond as recorded in the Official Records of Palm Beach County, Florida. Upon receipt of all of the foregoing documents, the Bid security will be returned to the Successful Bidder. The required certificates or proof of insurance and the fully executed Agreement must be delivered by the Successful Bidder within fifteen days after the Successful Bidder's receipt of the Agreement from the Owner. The Public Construction Bond and certified copy of the same must be delivered to the Owner by the Successful Bidder no later than fifteen (15) days after the Owner approves and executes the Agreement contained in the Contract Documents (as previously executed and delivered by the Successful Bidder). If the Successful Bidder fails to deliver all of the above documentation to the Owner in the timeframes stated above, the Owner may annul the Notice of Award and/or may immediately terminate the Agreement upon written notice to the Successful Bidder and the Bid security will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 120th day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. If Contract Times are left blank in the Bid Form, the time for Substantial Completion and final completion are to be set forth by Bidder in the Bid and will be included in the Agreement. The times will be taken into consideration by Owner during the evaluation of Bids, and it will be necessary for the Successful Bidder to satisfy Owner of Bidder's ability to achieve Substantial Completion and final completion within the times designated in the Bid. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Article 7 of the General Conditions and may be supplemented in Division 1: General Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS. 10.1. If the Bid Form or Specifications require (or if Owner requests after Bids are received) the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within seven days after the Bid opening (or seven days after request by Owner) submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. Subcontractors shall be required to meet Contractor's liability insurance requirements as established by the General and Supplementary Conditions or be listed as an additional insured on the apparent successful Bidder's policy. If Owner or Engineer after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, either may before the Notice of Award is given INSTRUCTIONS TO BIDDERS 02/03/2020 00100-3 Engineer's Project B9033.00 I request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If apparent Successful Bidder declines to make any such substitution, Owner may award the contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the General Conditions. 10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. BID FORM. 11.1. The Bid Form is included with the Bidding Documents; additional copies maybe obtained from the issuing office. 11.2. All blanks on the Bid Form must be completed in ink or by typewriter. 11.3. Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary. or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4. Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). All Addenda are a part of the Bid documents and each Bidder will be bound by such Addenda, whether or not received by the Bidder. It is the responsibility of each Bidder to verify that he or she has received all Addenda issued before Bids are opened. 11.7. The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED FOR BIDDER TO Fill in Project Name TO BE OPENED BIDDER TO Fill in Submittal Date on the face of it. 13. MODIFICATION AND WITHDRAWAL OF BIDS. 13.1. Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. INSTRUCTIONS TO BIDDERS 02/03/2020 00100-4 Engineer's Project B9033.00 7 U 14. OPENING OF BIDS. Bids will be opened publicly as indicated in the Invitation to Bid. 14.1. When Bids are opened publicly, they will be read aloud, and the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. If applicable, the bid will be opened in accordance with sec. 255.0518, Florida Statutes. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 120 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT. 16.1. Owner reserves the right to reject aninvolving price, time g changes n the Work and to negotiate and all Bids,to terns with the Successful Bidder ve y and all informalities not and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make and award to the Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will es resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions (or as requested by Owner after the Bids are received). Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major q items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to erform and accordance with the Contract Documents to Owners satisfaction within the Prescribed time. e Work in 165 If th e contract is to be awarded, it will be awarded to the lowest, responsive and responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. No bid shall be accepted from, nor will any Contract be awarded to any Bidder who is in arrears to the Owner upon any debt or Contract or who is a defaulter as surety or otherwise upon any obligation to the Owner or who has failed to perform faithfully any previous or other party as determined by the Owner. Contract with the Owner 16.6. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 120 days after the day of the Bid opening. 16.7. When Bidder is permitted to designate the Contract Time, Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. 17. CONTRACT SECURITy. 02/03/2020 INSTRUCTIONS TO BIDDERS 00100-5 Engineer's Project B9033.00 0 Conditions set forth Owner's requirements Agreement to Paragraph 6.01 of the General Conditions and the e Successful Supplementary Bidder a payment Bonds. as to performance and payment Bonds dterfoormance and delivers the executed Ag Owner, it must be accompanied by the q P 18. SIGNING OF AGREEMENT- ired n Owner gives a Notice of Award to the Successful der, it will be accom written Contract D cumen s attanied by the a f the When Agreement d. number of unsigned counterparts of the Agr Within 15 days thereafter Contractor to 3hall sign and deliver the Owner the required Bonds. In the event the success heBOwner Agreement and attached actanddocumentsand does waive fails to execute the Contract and returnidderrsshall not be ermitted o contest o the contrary days, may disqualify the Bid, and said B such right upon submitting a Bid. 19. DISQUALIFICATION OF BIDDER of the following: 19.1 Bidder may be disqualified and its Bid rejected for any a Bidder does not meet the Competency of Bidder and Reference requirements set forth herein. b) Reason to believe that collusion exists among or between Bidders c) Unbalanced Bid; that is, Bid in which the prices bid for some items are out of all proportioncause to those Bids of others. ent of the Owner, may d) Bidder's uncomap tete �workload, rompt completiwhich in theon judgment s Contract. detrimental imp le, no Bidder would be considered e) Lack of responsibility on the part of in Contract which the Owner had been directly responsible who had failed to carryI to or indirectly concerned), or to whicher of the Contractor's efaile k oexperience or lack of competency as f) A determination by may be revealed by qualification statements, financial statements, experience records, references, or other questionnaires. g) Substantial evidence of bad char ter or dishonesty Owner. on with i) Bidder has defaulted on any h) Bidder involved in any contract or is in arrears on any contract. 20. LICENSES, PERMITS CERTIFICATION AND the State of Florida 20.1 When applicable, vendor must hold a Certificate of Competencyissued by or the Palm Beach County Construction Industry Licensing. l be required of any person maintaining a 20.2 A business tax receipt obtained from the Owner shal permanent business location or branch office within Palm Be 20.3 A copy of any licenses and permits shall be submitted with the Bid and must be in the name of the vendor shown on the Bid submittal. 21. PREPARATION EXPENSE its representatives anY 1 be Bid with the preparation, presentatliable for any expenses incurred in connection 21.1 Neither the Owner nor ion or submittal 22. NON -COLLUSION agreement or connection 22.1 Bidder certifies that this Bid is made ration oithout r otherricmentity submitting a Bid for the same With any individual, firm, partnership, core materials, services, supplies, or equipment and is in all respect of or and der lanyudelivery of materlusion or ial or premiums, rebates, or gratuities are permitted with, prior provisions of services. Any violation of the possible Terovision o oval of Bidderesult in r from the vendor Bid list( ). materials or discontinuation of services, INSTRUCTIONS TO BIDDERS Engineer's Project B9033.00 00100-6 02/03/2020 I if Lam, 23. CODE OF ETHICS 23.1 If any Bidder violates or is a party to a violation of the Code of Ethics of the Owner, Palm Beach County, and/or of the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which this Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the Owner. 24. CONFLICT OF INTEREST 24.1 The award is subject to any and all applicable conflict of interest provisions found in the policies or the Palm Beach County Code of Ethics, and found in the Florida Statutes. All Bidders must complete the Conflict of Interest Form attached hereto. 25. DRUG FREE WORKPLACE PROGRAMS 25.1 Preference may be given to businesses with Drug -Free Work Place Programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the Owner for the procurement of commodities or contractual services, a Bid received from a business that completes the attached DFW form certifying that it is a DFW may be given preference in the award process. 26. LEGAL REQUIREMENTS 26.1 Federal, State, County and Owner laws, ordinances, rules, codes, guidelines, directives and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. 27. PUBLIC ENTITY CRIMES 27.1 By submitting a bid, each bidder acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub -contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 28. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT 28.1 The Bidder certifies that all equipment and materials contained in this Bid shall meet all O.S.H.A. requirements. Bidder further certifies that, if it is the successful Bidder and the equipment and/or materials delivered are subsequently found to be deficient in any O.S.H.A. requirements in effect on the date of delivery, all costs necessary to bring the equipment and/or materials into compliance with the aforementioned requirements shall be borne by the Bidder. 29. NON -APPROPRIATIONS 29.1 The obligations of the Owner to make a Bid award and sign an agreement under the terms of this "Invitation to Bid" are contingent upon funds lawfully appropriated for this purpose. Should funds not be appropriated for this purpose, the Owner, at its sole discretion, shall have the right to reject all Bids. 30. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP 30.1 All material submitted regarding this Bid becomes the property of the Owner. Pursuant to sec. 119.07(1), Fla. Stat., sealed Bids received by the Owner pursuant to a competitive solicitation are subject to disclosure when the Owner provides notice of an intended decision or until thirty (30) after INSTRUCTIONS TO BIDDERS 02/03/2020 00100-7 Engineer's Project B9033.00 f� I opening of the Bids, whichever is earlier. If the Owner rejects all bids submitted in response to a competitive solicitation and the Owner concurrently provides notice of its intent to reissue the :9 competitive solicitation, the rejected bids remain exempt from sec. 119.07(1), Fla. Stat., until such time as the Owner provides notice of an intended decision concerning the reissued competitive solicitation or until the Owner withdraws the reissued competitive solicitation. A Bid is not exempt from disclosure for longer than 12 months after the initial notice rejecting all Bids made by the Owner. Bidder should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the Owner. The Owner has the right to use any or all information/material submitted in response to this bid and/or any resulting contract from the same. Disqualification of a Bidder does not eliminate this right. 31. PUBLIC RECORDS: 31.1 In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT Immilliams(a),teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, 32. FLORIDA PUBLIC RECORDS ACT AND CONTRACT CONTENT OWNERSHIP 32.1 The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreementibid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [agreementibid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WX"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TRIWCAG/. END OF SECTION INSTRUCTIONS TO BIDDERS 02/03/2020 00100-8 Engineer's ProjectB9033.00 0 A U W �I BID FORM MUST BE SUBMITTED IN DUPLICATE & ELECTRONIC PER SECTION 00020 BIDDER: Ferreira Construction Southem Division Co. Inc PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements DATE: Ju� 30.2020 (Bid Submitted on) 00300 BID FORM THIS BID IS SUBMITTED TO: I. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within IS days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date:7113/2020 Number:I Date; 7/17/2020 Number:2 Date:7/27/2020 Number:3 (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Division 1: General Requirements as provided in paragraph 5.03 of the Supplementary Conditions, and accepts the determination set forth in Division 1: General Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.03 of the General Conditions, as amended by the BID FORM Fn&cer's ProjeetB9033.00 02/03/2020 00300-1 COPY 7 Supplementary Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract _ Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract _ Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.05 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein, for the Prices BIDDER provides on the Schedule of Bid Items (Page 00300-5): 5. BIDDER declares it understands that the unit quantities shown on the Bid Form Schedule of Bid Items are approximate only and not guaranteed and are subject to either increase or decrease; and that should the quantities of any of the items of Work be increased, the BIDDER agrees to do the additional Work at the unit prices set out herein, and should the quantities be decreased, BIDDER also understands that final payment shall be made on actual quantities completed at the unit prices, and shall make no claims for anticipated profits for any decrease in the quantities. 6. The BIDDER further declares it understands the OWNER may elect to construct only a portion of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the unit prices quoted herein. 7. BIDDER agrees that the Work: The Bidder agrees that the Work will be Substantially Complete in 90 days and completed and ready for Final Payment by 120 days BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 8. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of a certified check or Bid Bond in the amount of 5% of the total amount of the total Bid price. (b) Schedule of Bid Items (Page(s) 00300-5 and 00300-5). (c) Trench Safety Affidavit (Page(s) 00300-6). (d) Schedule of Subcontractors (Page(s) 00300-7) BID FORM Engineer's Project B9033.00 02/03/2020 00300-2 (e) Schedule of Suppliers, Equipment and Materials (Page(s) 00300-8) (f) Sworn Statements Under Section 287.133(3xa), Florida Statutes, on Public Entity Crimes (Page(s) 00300-9 and 00300-10). (g) (List other documents as pertinent): Certification of Drug Free Workplace Program (Page(s) 00300- 11). (k) Additional documents as listed as required in this solicitation. 9. Communications concerning this Bid shall be emailed to the Village Clerk at imcwilliams(7a t, equesta.org The phone number and address of BIDDER indicated below. 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part ofthe Contract Documents have the meanings assigned to them in the General Conditions. 11. BIDDER's Florida Contractor's License No. CG 1 M 18 12. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER's qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNER to provide evidence. 13. BIDDER represents that it is financially solvent and sufficiently experienced and competent to provide all goods and services required under this IFB and that all information provided in the Bid is true and correct in all respects. REMAINDER OF PAGE LEFT IN7'ENTIONALLYBLANK BID FORM Engineer's Project 89033.00 02/03/2020 00300-3 Ili J 14, If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as (Signature) Business address: Phone No. A Partnership BY (SEAL) (Firm Name) (General Partner) (Signature) Business address: Phone No. A Corporation By m (Corporate Sea]) � f I — Attest �/ t\ Lou Pacheco (Secretary) Business address: Tan to Phone No.: 772 286-3123 �1 u BID FORM Engineer's Project B9D33.00 02/03/2020 00300-4 11 T 1 1 1 PROJECT: Pk*w Drive ad Tequo•ta Dmro DrdmW Mpowments Item NO. Item Description Unit Quantity Unit Price Total Price GENEI�►�QQMaTION• GC-1 SITE MOBILIZATIONIDEMOBLIZATION (MAX 5% OF TOTAL BID) LS 1 $6,236.00 $6,236.00 GG2 BOND 6 INSURANCE REQUIREMENTS (MAX 3% OF TOTAL BID LS 1 $3,708.50 $3,708.50 GC-3 LAYOUT, SURVEY b RECORD DRAWINGS LS 1 $10,025.00 $10,025.00 GC-4 TRENCH SAFETY COMPUANCE LS 1 $108.00 $108.00 GC-6 NPDES COMPLIANCE LS 1 (.7 MAINTENANCE O TRAFFIC AND TEMPORARY ACCESS LS 1 $7,608,00 $7,608.00 GC-6 PROFESSIONAL VIDEOTAPING - PRE- CONSTRUCTION CONDITIONS I LS 1 $405.00 $405.00 GENERAL COMMONS SUBTOTAL $29,Tt4 50 $29,774.50 5e0�L;< G1 PINE TREE DRIVE ROADWAY AND DRAINAGE LS 1 C-2 PINE TREE DRIVE WATERMAIN $17,191.00 C3 TEQUESTA BRIDGE DRAINAGE $8.569.50 CML IXTOTAL . i gg LANDSCAPiNO L-1 LANDSCAPING LS 1 LANDSCAPING $ STOTAL 3 9,50 $3 zos.50 TOTAL LUMP SUM BID PRICE $ 120,771.50 TOTAL LUMP SUM BID PRICE, in words: One hundred fiver Signature of Official mithorized to bind Bidder: Print Name: Title: Vice Prasident Date: ter& 30, 2020 ADD ALTERNATES (itemize below if any alter u Np are requested) BID FORM FA&=', Pmjoot BW33.00 02/03=0 00300-5 w 3 AIA Document A TM - e # 310 2010 CONTRACTOR. SURETY: (Name, legal status and address) eName, legal status and principal place Ferreira Construction Southern Division Co., Inc. of business) 13000 SE Flora Avenue Berkshire Hathaway Specialty Insurance Company Hobe Sound, FL 33455 1314 Douglas Street, Suite 1400 This document has important legal Omaha, NE 68102-1944 consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Village of Tequesta modification. 345 Tequesta Drive Any singular reference to Tequesta, FL 33469 Contractor, Surety, Owner or BOND AMOUNT: Five Percent Of The Total Amount Bid (5%) other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) ITB #UTIL 01-20 - Pinetree Drive and Tequesta Drainage tmprovements The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety hind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptahle to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall ohtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, 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. Whgri so' furnished, the intent is that this Bond shall be construed as a statutory bond and not as a conmion law bond;•'.` Signed and scaled this 30th day of July, 2020 t r >• d ' Fprraira Lon cti -CD 1 (Contrac r •' rcipal) (S� l r ��;' (Wr n ss Jois N =P*L^"0 (Title) •, t A ( it e,sV Jacqueline Bevilftqua "on e a J. Foley CAUTION: You should sign an original AIA Contract DReklq p`$qq rs n RE . An iginal $S changes will not be obscured. Init. AIA Document A310- — 2010 (rev. 10I2010). Copyright ©1963, 1970 and 2010 by The American Institute of A itecIs. I ri hts ies) WARNING: This AIA' Docunont is protected by U.S. Copyright Law and International Treaties. Unauthorized rod n or dis AIA' Documot, or any portion of It, may result In severe civil and eriminal penalties, and will be prosecuted to t axi oxt 1 under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations o Documents, e-mail The American Institute of Architects' legal counsel, cepydght@aia.org. .c�uetr., ^y Wof this ' . � ✓i� t� t V ytJ . rcawrwio • 3 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF FLORIDA COUNTY OF MARTIN ON THE DAY OF JL) INI 204OLQ, BEFORE ME PERSONALLY CAME TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)K RESIDFS AT ` 12('�1�1�(� THAT (S)HE IS THE NJ1C -__ 1 P OF Ferreira Con ruction 55gLdhem Qiviswn Co. Inc THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION. O,C'L hL)�J=A� 4 11 Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF NASSAU CwN ROM Hein NOTARY PUBLIC STATE OF FLORIDA Cwmmit GMUN10 i-VEXPIrell Bt29JZ023 ON THE X DAY OF July 2022Q BEFORE ME PERSONALLY CAME Theresa 1 Foley TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DESPOSE AND SAY THAT SHE IS THE ATTORNEY -IN -FACT OF Berkshire Hathaway §wlaft Insurance Company THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THATS HE SIGNED HER NAME THERETO BY LIKE ORDER. I wlNotary Public ANDREA E. GORBERT NOTARY PUBLIC, State of New York No. 01 GO6170063 Qualified in Suffolk County Commission Expires July 02, 2023 W Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSMRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY A HRE INSURANCE COMPANY Know alI man "ego preserrb, that NERMN UARI&M SpMWV MMMM a corporation existing under and by vttar ofthe laws of the stet of Nabrasts and twoft en ofRca stone Uncdn Street xW Floor, Costa% Mmadwsnas 02111, MMMU NMMrrf a eorprratien QVIt g under and by wrtue of the Wvs of tie Sate of Nebraska and hav4it an ofRce a 3W4 Harney Street, Omaha, Nebrasle MM and a ceirporallu" existing under and by v[et n of the ktws of the Ante of Connecticut and having an aMm etloo rM Stamford Place,, Sb mfi d, Conneelkut 06M (hemp fW cOlkidivaM tire'COMP111210s'1 Pursuant to and byft authority granted as sit Rgth'hereli , do hdreby, name, comtlnete and appointr7heregal. ftkLaasd zt 6ortartftMiftJOI&M at�beglYJtstrbs StaaMNw�Ir thek true alai lawful aftrmY(s}M-kci to male, encuty seal, sciswMedre, and debvay for and on thok behallas suraty and ss the# as and deed, ary and all urrdertaklr im bo ds or other arh wrtkw obliatory In the nature tleareoti In purmnes of those presesits, the execution ofwhich shag be as bbdkrg upon the Canpariles as R it has been dutyx4W and executed by their regularly elected olRem Inthekwoproper Penons.ThBOMMIRylorthe nllomey*-FbrtshdbeleYtefto tbsasreaRfondNseaatarAed boad(sjorather such wRNlagebAgarory in the notes tbamd. In witness whereof, this Power of Attorney has been subscribed by an sadwtmd oflker d the Comperdes. and the corporste sealsof the Companies have been olRsed herem this date of December A 2012. This Poweraf A torney Is made and executed purvAnt to and byauthority oF the Rylews, Praofutiols of the loud ofDkectora, and oiler AwOmttatiom of aEkKP Mt? NATHAWAYSPKIAUV WSUMNCE CORfPAM; NATeD M MDEMNRY COMMM srd NATIONAL LIARRITY A PRE INSURANCE COMPANY width are Cn full fares and effect each madinigas appears an the bade pege d this Pourer of Actuate& respeetiwly. The loewirrg el (nature by se, aatlrafaed ofker d nee Corepaey Nrey lee a faplmMe,adride steal he daarad the aNviast■t Band coRagttrte the wrbta dgaatare olsrds afllen rl dre Canape" foal parpasb imon eg this Power afAaomn bKhMog smwbcllon el aaysigrrnm mq Weaenu on any sed all under ildRIM bond; or other such, vrrhlegs otllatory In the settee th~, to whMo ChB Power olAdomey applies. BERKSHOtE HATtIAWAY SPECIALLY INSURANCE COMPANY, By: David Wills, Executhre Vke President # 1 1MTIOl1AL INDEMNIM CM0111A dY, NXWNAL LIABILITY A FIRE INSURANCE COMPANY, By: OiYW Fldds, vice President IN ax�s NOTARY state of Masxrchwetts, suety of Swok ss: on this loth day of December, 201a, before me appeared David Flocs, Executive Vice President &Off rsHIRE HATHAWAYSPErIALTY WSURANCE COMPANY and vise President of NATIONAL INDEMNITY COMPANY and NATIONAL UAKITY A PRE INSURANCE COMPSMV who balm duly swum, says that his capacity is a designated above for such CmVwiksU that he brows the corporate seals of the Companies; that the seals anted to tie foregoing Instniment are such corporate seek; that they were affixed by order of the board of director or other governing body of said Camps riles purward m its Bylaws, Reschldoro and other Authorizations, and that he signed sold Inrtrurnant In that capacity of said Caapanles, rNatary5eafl t alOrFERY A. DELISIO Nelry PubRo CoeeeneeaRh of Nasaaclarsda, 11t Canso Ewm almosiber at. am Notary Public 1, Ralph TortorRa, the i n hirslgsied, ONloa d RERRBM MYRAWAY S►ECYLLTY INUIRANCE COMPAW, NATIONAL INDEMNITY COMPANY and NMONAL UAKM fir ARE INSURANCE COMPANY, do hereby certiry that the above and foregoing is a true and correct copy of the Power of Attorney executed by sam Compwdes which bin ful Ibne and exbcr and has not been revoked. IN TESTIMONY WHEREOF. see hereunto afted the scah of Bald rompanles this XAv, 3Q,1o20. r OUT aNF'�r ry '+N11 1i�#'r �y, er e1 "sAr#s BHSIC, NICO & NLF PDA (2018) 166" r � 0 BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at anytime any such Attorney -in -fad and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers. Agents, and EMRIM&M: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors, and the Board of Directors orthe officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - In -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers. Agents and Employees: A. The officers shall be a president; one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors, and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, ® convenient, or necessary to the affairs and business of the Corporation. Pi NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (2) appoint Attorneys - In -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fad and revoke the authority given. BHS1C, NICO & NLF POA (2018) r, BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS" 12131/2019 1213112018 12131120117 Total invested assets S 5,172,183,335 $ 4,313,185.189 $ 4,516,104,907 Premium b agent balances (n 368.066,012 301,849,144 297,141,264 AN other assets 127,524,877 140,0 406 137 220 394 4,9504 6,585 Admitted Assets $ 5,867,794,027 $ 4,755j984 739 LIABILITIES & SURPLUS' Loss 8 loss op. unpaid $ 1�3 634 745,558 S 46�3,103,223 $ I 3� ,391 Unearned premiums 314,117,549 241,835.588 209,113,536 All other liabilities 744 738458 570,828,148 863,892,150 Total Llablimes 1L693, 01,665 1,275,506,959 1,200.829,077 Total Policyholders' Surplus 3 974192 463 b 3480397780 i 4,7 84,739 3,749, 7 488 S 4,950.4 Total Liabilities 3 Surplus S 667 $ , _,565. * Assets. kbilkies and surplus are presented on a Statutory Accounting Basis as Promulgated by the NAIL and/or the laws of the company's domidlory slate. u A L U PROJECT: Pineiree Drive and Tmpesta Drive Drainage Improvements TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON- RESPONSPM Ferreira Construction Southern Division Co., Inc. (NAME OF CONTRACTOR) hens► provides written assurance that compliance with applicable Trench Safety Standards identified m the Oxupahonat Saw It Health Administration's Excavation Safety Standards, OSHA) 29 C.F.R.S. 192MO Su pb art P vA be edliered to during trench excavation in accordance w7th �o--a Statutes 553.60 through 553.64 inclusive (1990), "Trench Safety Act". The undersigned acimowledges that included in the various items of the proposal and in the Total Bid Price are costs for o mpiyim with the Florida -Trench Safety Act" as summanzed below: (Attach additional sheets as neca4sary) STATE OF FLORIDA COUNTY OF MARTIN Subscribed and Swom to (or affirmed) before me on July 30, 2020 (date) by John Ciabatfari (name). He/she is personally known to me or has presented (—,->,a No ublie Signature and Seal 02/03/2020 JOB K IRELMD _ MY CQMMISSMI GG Q73444 •'3 EXP RES: FOXMV 1 % M1 Bad�dllruNotaryPuClolA�dersisrs (type of identification) as identification. R t! TgB&up GG 0'731414y Print Notary Name and Commission No. BID FORM 00300{ E4ineces F4ojeut B9033.00 PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements SCHEDULE OF MAJOR SUBCONTRACTORS List Proposed Major Subcontractors Category of Work Pathway rnnr gh; nurh & Sictawalk R & D Paving Asphalt Fine line Striping BID FORM Ensmaes Pmjod B9033.00 02/03/2020 00300 7 Desulption PROJECT; Piaetree Drive and Tegnesta Drive Drainage Impmemmift SCHEDULE OF MAJOR EQUIPMENT AND MATERIALS Manufacturer Model Crawler DQW QTERPILLAR D6N Long Reach Excavator JOHN DEERE 20ODLO evaible Plaie Comnacter BOMAG DPR35 o Trench Ytbtator Roller B!QMAG_ IR33' BTD FORM rps*we: hajc« m33.0o 02/03/202.0 00300-8 J SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I . This sworn statement is submitted to _ Ferreira Construction Southern Wsion Qn., Inc. rnrint name nf the nuhlic entitvl by for whose business address is 13000 SF Flora Avenup, HnhP Sound, FI 3.34S and (if applicable) its Federal Employer Identification Number (FEIN) is -33 ,957 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3_ 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo eontendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(i)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133(l)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. BID FORM Engineer's Project B9033.00 02/03/2020 00300-9 0 W, I 0 U w 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1999. The entity submitting this swom statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO ACjjONTRAACT IN EXCESS OF THE THRESHOLD CATEGORY TWO OFNT PROVIDED IN SECTION ANY ��lT FOR NY CHANGE IN THE INFORRMAMNr(1fNTA1? RM_ T GOR STATE OF FLORIDA COUNTY OF MARTIN abattad, VP [signature] July 30, 2020 [date] Subscribed and Sworn to (or affirmed) before me on July 30, 2020 by John Ciabattari ,who was physically present as [date]�(S�e President of [name] [title] Ferreira Construction Southem Division Co., lric. He/she is personally known to me or has presented [company] as identification. [type of identification] . c°o �C_t_L� r� Cecilia Hein, GG343610 [Notary's Signature and Seal] Print Notary Name and Commission No. Cecilia Rose Hein Form PUR 7068 (Rev. 04l10/91) NOTARY PUBLIC STATE OF FLORIDA M/R 03/06/92 CommO GG343610 Expires 6129/2023 02/03/2020 BID FORM 00300-I0 Engineer's Project B9033.00 W CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of Ferreira Construction Southem Division Co., Inc. maintains a drug -free workplace program, and that the following conditions are met: 1. We publish a statement notifying employees that the unlawful manufacturer, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying that actions will be taken against employees for violations of such prohibitions. 2. We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. We give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection one (1). 4. In the statement specified subsection one (1) we notify the employee that; a condition of working in the commodities or contractual services that are under bid, the employee will abide by the terms ofthe statement and will notify the employer of any conviction of, or plea ofguilty nolo contendere to any violation of Chapter 893 or of any controlled substance law ofthe United States or any state, for a violation occurring in the workplace no Iater than five (5) days after such conviction. 5. We impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. 6. We make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 02/03/2020 Signature John Ciabattari, Vice President BID FORM Engineer's Project B9033.00 00300-II I REQUEST FOR PROPOSAL UTIL 01-20 RFP EXHIBIT" 1 " Village Clerk's Office ADA Compliancy Statement The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 (,'ADA,,) by ensuring that the Contractor's [ agreement/bld documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at the Web Content Accessibility Guidellnes page. Required Confirmation: I, John Ciabattari have read the above compliancy statement and confirm the agreement, bid documents and specifications, including files, images, graphics, text, audio, video, and multimedia, contained within this bid packet are accessible to Individuals with disabilities and conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Acc bility Gui i es ,0. Rep sentative Signature J n Ciabattari, Vice President ' Date: July 30- 2020 11 State of Florida Department of State I. certify from the records of this office that FERREIRA CONSTRUCTION SOUTHERN DIVISION CO. INC. is a New Jersey corporation authorized to transact business in the State of Florida, qualified on April 9, 2004. The document number of this corporation is F04000001981. I further certify that said corporation has paid all fees due this office through December 31, 2020, that its most recent annual report/uniform business report was filed on January 13, 2020, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Thirteenth Clay of January, 2020 Secretary of State Tracking Number: 085360727OCC To authenticate this certifcate,visit the following site,enter this number, and then follow the instructions displayed. https:/lsenicts.sunbiz.orgfFilings/CerlificateOfStRtusICertificateAuthentication 00500 AGREEMENT THIS AGREEMENT is dated and will be effective on the r'. year 20 —OO, by and between the Village of Te uesta day of [� -ie', in the Construction Southern Division Co., Inc. q (hereinafter called O er) and Ferreira (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Drainage and roadway improvements at the intersection of Pinetree Drive and Tequesta Drive and drainage improvements at the northeast portion of intersection Tequeo Bridge. ' ta The Project, of which the Work under the Contract Documents is a part, shall be referred to as: Pinetree Drive and Te uesta Brid a Drain elm rovements. ARTICLE 2. ENGINEER The Project has been designed by Mock, Roos & Associates Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT ME. 3.1 The Bidder agrees that the Work will be Substantially Complete in 90 days and completed and ready for Final Payment in 120 days. 3.2 All time limits for Milestones, if any, Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.3 LIQUIDATED DAMAGES. Owner and Contractor recognize this Agreement and that Owner will suffer financial loss if the Work st nowt comp eted within the ' times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense difficulties and involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner One Thousand and for Su dollars o 1,000_ 00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if Contractor shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner One Thousand and 00/100 dollars ($1 000.00 ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. AGREEMENT Engineer's Project B9033.00 00500-1 u ed for ela 3.4 In he Owner's sole discretion, a requested extension of time may co a deni prevail gym resulting from normal weather conditions prevailing from normal weather recorded or otherwise he area as defined by the average of the last five (5) Years established by the Owner. ARTICLE 4. CONTRACT PRICE. 4.1 Owner shall pay CONTRACTOR for completion of he Work in accordance with the Contract Documents, subject to adjustment as provided herein, in current funds as follows: The lump sum amount of One Hundred Twenty Thousand Seven Bid Form forundred Seent fOollowing Bid And 5� is $120 771.SO�whihcrhou GC 8 C-1 hroush C-3, and L-1 . Items (and/or Alternates) ARTICLE 5. PAYMENT PROCEDURES. ons for Payment in accordance with Engineer as Provided cle 15 of the General Contractor shall submit Applicatiin the General Conditions. Applications for Payment will be processed by Engin Conditions. 5.1 PROGRESS PAYMENTS. Owner shall make progress payments on account of he Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the g 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 he schedule of values established um er of units d) the General Conditions (and in the case of Unit Pricebased onthe n he Contract Documentsa) or, in the event there is no schedule of values,provided elsewhere 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 s such aggregate m ne, or Ow previously maylwithhola m accordanamounts w th he Gene al shall determine, o if any. Conditions, less liquidated damages, 90% of Work completed. (but delivered, 90% of materials and equipment not incorporated in the Work suitably stored and accompanied by documentation satisfactory to Owner as provided in the General Conditions). 95% of the work complete after the Contractor has completed over 50% of the Work. to increase 5.1.2 Upon Substantial Completion, in an e Contract ount f fi ice, less such amouncient ts payments to Contractor to 98 /o of h as Engineer shall determine, or Owner may withhold, in accordance with the General Conditions, less liquidated damages, if any. in accordance with 5.2 FINAL PAYMENT. Upon final completionttonsad d acceptance of settlement of alltclaims,kincluding liquidated paragraph 15.06 of the General Conditions, nder of the Contract Price as recommended by Engineer damages, if any, Owner shall pay the remai as provided in said paragraph 15.06. AGREEMENT Engineer's Project B9033.00 00500-2 ARTICLE 6. INTENTIONALLY LEFT BLANK. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce Owner to enter into this Agreement Contrac tor makes the following representations: 7.1 Contractor has examined and carefully studied the Contract Documents and any data and reference items identified in the Contract Documents. 7.2 Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work. 7.3 Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect progress and performance of the Work. Y cost, 7.4 Contractor has studied carefully all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical data in such reports and drawings, and (2) reports and drawings related to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical data in such reports and drawings. Contractor accepts the determination set forth in the Contract Documents of the extent of the technical data contained in such reports and drawings upon which Contractor is entitled to rely, if any. 7.5 Contractor has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies, if any, (in addition to or to supplement those referred to in paragraph 7.4 above) which pertain to the subsurface or physical conditions at or adjacent to the Site or otherwise may affect the cost, progress, performance or furnishing of the Work as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 7.6 Contractor has reviewed and checked all information and data shown or indicated on the Contract Documents, if any, with respect to existing Underground Facilities at or adjacent 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. 7.7 Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress and performance of the work; (2) the means, methods, AGREEMENT Engineer's Project B9033.00 00500-3 techniques, sequences, and procedures of construction to be employed by Contractor; and (3) J Contractor's safety precautions and programs. 7.8 Contractor has correlated he results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents and based on he information and observations referred to above, the Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the work at he Contract Price, within the Contract Times, and in accordance with the other terms and conditions of he Contract Documents. 7.9 Contractor hasEngineer m theContract Documentsandand the written notice of all conflicts, Contractor resolution thereof by Contractor has discovered Engineer is acceptable to Contractor. 7.10 Contractor acknowledges that the Contract Documents are generally sufficient to indicate an convey an adequate understanding of all terms and conditions for performance and furnishing of the Work. 7.11 Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by he Contract Documents. 7.12 Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in he Contract Documents. ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between Owner and Contractor ' concerning the Work consist of the following: 8.1 This Agreement consisting of 10 pages. I� 8.2 Exhibits to this Agreement identified as: a. The Project Manual (pages 1 to 255, inclusive); b. Contractor's Bid (pages 1-36, inclusive); c. Permits (pages C1-C11, inclusive); d. Other: 8.3 Performance Bond and Payment Bond consisting of 4 pages (plus Power of Attorney Forms as applicable). 8.4 Notice of Award and Notice to Proceed. 8.5 General Conditions consisting of 71 pages. 8.6 Supplementary Conditions consisting of 6 pages., 8.7 Bid documents as listed in the table of contents of the Project Manual. 8.8 Specifications consisting of 72 pages. 8.9 Drawings not attached hereto but are listed in Section 00860 List of Drawings. l AGREEMENT Engineer's Project B9033.00 vi 00500-4 L ® 8.10 Addenda numbers 1-3, inclusive. 8.11 Contractor's Bid consisting of 36 pages. 8.12 Documentation submitted by Contractor prior to Notice of Award. 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. 8.14 The documents listed under Article 8 above are not attached to this Agreement (except as expressly noted otherwise above) but are expressly made a part of this Agreement as if they were. 8.15 Any other document attached hereto or incorporated herein by the Owner. 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 the General Conditions. Governing Order of Contract Documents - The Contract Documents include various divisions, sections and conditions which are essential parts for the work to be provided by the Contractor. A requirement occurring in one is as binding as though occurring all They are intended to be complementary and to describe and provide for a complete work. In case of discrepan the contract. cy, the following precedence will govern the interpretation of the Contract as prior to award of ® 1. Agreement 2. Addenda 3. Instructions to Bidders 4. Special Conditions 5. Supplementary Conditions 6. General Conditions 7. Technical Specifications 8. Details 9. Village Standard Details 10. Drawings/Plans 11. Bid Form After award, Work Change Directives, Change Orders, amendments and revisions to plans and specifications will take precedence over any of the above. In case of discrepancy among technical specifications, drawings and plans, the most restrictive shall govern. Detailed plans shall have precedence over general plans. In the event that any conflicts cannot be resolved by reference to this Governing Order of Contract Documents provision, then Village shall resolve the conflict in any manner which is acceptable to Village and which comports Contract Documents. with the overall intent of the ARTICLE 9. MISCELLANEOUS. I AGREEMENT Engineer's Project B9033.00 00500-5 in T u� � Tarm q used in this Agreement will have the meanings indicated in the General J Conditions. 9.2 Assignment. Unless expressly agreed to elsewhere in the Contract documents, no assignment or interests in the Contract Documents will be binding on i hereto of an rights under fi by a party h y sou ht to be bound; anp y another party hereto without the written consent of the party g that are due may not be assigned moneys that may become due and moneys but without limitationt of this to the extent that the without such consent (except written consent to an assmgnmentnotassignment and unless specifically stated to the contrary in any du or responsibility onn assty under the Contract duty p will release or discharge the assignor from any # Documents. ers, its partners,s, assigns 9.3 Successors and assigns. Owneroand therContractor hereto,h birip s�itself, sassiegns rand legal to the party and legal representatives representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 Severabili provision or part of the Contract Documents held to be void or shall continue to le ty. Anbe y p provisions under any Law or Regulation shall be stricken, and all remaining Contractor, who agree that the Contract Documents shall be valid and binding upon Owner and to replaced such stricken provision or part thereof with a valid and enforceable provisions j reformed that comes as close as possible to expressing the intention of the stricken provision. cmay not submit B d on a Contract to provide affiliateplaced vendor 9.5 Public entity crimes. A person or any entity rime following a conviction for a public following goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the be awarded or erfo as construction or repair of a public building or public work, may not or Consultantunder en itor and a Contractor, Supplier, Subcontractor, may not transact business with any public entity iness of the threshold amount provided in 36 months from the date of Section 287.017, Florida Statutes, for Category Two for a period of j being placed on the convicted vendor list. tJ 9.6 Inspector General. In accordance with Palm Beach County ordinance number 2011-009, the to investigation and/or audit by the Palm Beach County subject Contract Documents may should Inspector General. Contractorreview such ordinance in order to be aware of its rights and/or obligations under such ordinance and as applicable. 9.7 Waiver. Failure of either party to enforce or exercise any right(s) under the Contract Documents to enforce said right(s) at any time thereafter. shall not be deemed a waiver of either party's right 9.8 Waiver of jury trial. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF WlVES RIGHTS TO A TRIAL BY JURY ANY LITIGATION, EACH PARTYO HE CONTRACTITS IN ANY LITIGATION RELATED Work under 9.9 Independent Contractor. The Contractor is, and shall be, in the performance o or all agent, of the the Contract Documents, an Independent Contractor, and not an employee, Owner. All persons engaged in any of the Work performed pursuant to the Contract Documents and shall at all times and in all places be subject to the Contractor's sole direction, supervision control. AGREEMENT Engineer's Project B9033.00 6J 00500-6 j it 9.10 Access and audits. The Contractor shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least five (5) years after final payment is made. The Owner shall have access to such books, records, and documents as required for the purpose of inspection or audit during normal business hours at the Contractor's ® place of business. Under no circumstances will Contractor be required to disclose any confidential �1 or proprietary information regarding its products and service costs. 9.11 Preparation. The Contract Documents shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 9.12 Public Records Law. The In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuan 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Ft to Sec. lorida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in Scope of Services are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmcwilliams tecluesta.or OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 9.13 Enforcement costs. If any legal action or other proceeding is brought for the enforcement of the Contract Documents, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of the Contract Documents, the parties agree that each party shall be responsible for its own attorney's fees. 9.14 Binding authority. Contractor's representative below has full power, authority and legal right to execute and deliver these Contract Documents and perform all of its obligations under the Contract Documents. By signing the Contract Documents, the representative hereby represents to the Owner that he/she has the authority and full legal power to execute the Contract Documents and any and all documents necessary to effectuate and implement the terms of the Contract AGREEMENT Engineer's Project B90 00500-7 J 33.00 11 Documents on behalf of the party for whom he or she is signing and to bind and obligate such party with respect to all provisions contained in the Contract Documents. J 9.15 Assignment of warranties. Contractor shall assign to Owner all warranties extended to Contractor by material suppliers. If an assignment cure e material supplieranty es consents the erial to assign said er to consent to same, then Contractor shall warranties to Owner. 9.16 Contractor's certifications. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive the Contract or other illegal practices in competing for or in exe Documents. For the purposes of this paragraph: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to ents to the detriment influence the bidding process or the execution of the Contract Docum of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement which n two is to estamore blish sh Bidder ceslat or without the knowledge of Owner, a purpose artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract Documents. 9.17 Construction defects. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE STOT U SUBJECT TO THE NOTICE AND CURE PROVISIONS OF TES- 9.18 Delays; Contractor's remedies. NOTHWITHSTANDING ANY PROVISION ELSEWHERE IN THE CONTRACT DOCUMENTS, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER OF TIME THAN FOR AN EXTENSION ME SHALL BE MADE OR ASSERTED AGAINST ontractor shall not be entitled to an increase in the OWNER BY REASON OF ANY DELAYS. C Contract Price 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, inteference, or Contractor hall be hindrance, be t reasonable or unreasonable, foreseeable or avoidable or unadab le.only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delays, in accordance with and the extent specifically provided herein. 9.19 Termination for failure to provide Public Construction Bond. If a Public Construction Bond is required under the Construction Documents and the Contractor fails to provide the fully executed Public Construction Bond, including a certified copy of the Public Construction Bond as recorded in the Official Records for Palm Beach County, within fifteen (15) calendar days after the Contractor's and Owner's execution of this Agreement, the Owner may immediately terminate this the ner shall have no ation to Agreement upon written notice to he Contract. IneContractor the event of such termination, the Contractor further also forfeit the Contractor under t its bid security to the Owner. 9.20 ADA Accessibility. The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title 11 of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications] AGREEMENT Engineer's Project B9033.00 00500-8 I �ytttlMM!la,. IN WITNESS WHEREOF, the parties hereto have exe- d this Agreement on g113� '••.F' the date and year first above written.' �y .� z 17, WITNESSES: FERREIRA CONSTIJt ION SOUTHERN DJVISI(tN NCO., INt.: n • mac' �' --C_ / lice GMfi-t'i /By: John Ciabattari, Vice President ,%g i-F I.4.El.l�nll7 ATTEST: (�Ipjxn&t)w,u,� Lori McWilliams, MMC Village Clerk (Corporate Seal) VILLAGE OF TEQUESTA nan, Mayor P, oX-I 7'1); � SEAL INCORPORATED AGREEMENT 00500-10 4, 1 Engineer's Project B9033.00 1 are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [agreement/bid documents and specifications], from Contractor, including flles,,�m@ges, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately poufotr*s to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide -Web!Consortium ("WX"), Web Accessibility Initiative ("WAI" ), available at www.w3.org1TR/WCAG/. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ' SIGNATURE PAGE FOLLOWS ' AGREEMENT Engineer's Project B9033.00 00500-9 PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements 00501 OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents, that after such examination I am of the opinion that the execution of the Agreement, the Performpow Bond and Payment Bond are in due and proper form. vl*--, Attdfnev or Owner This the I -� day of Cl) eft 6-W 20 U OPINION OF ATTORNEY Engineer's ProjectB9033.00 02/03/2020 00501-1 No Text Return to: (enclose self-addressed stamped envelope) Name: ^.. Address: 1� 1111111111111111111111111111111111 C-FN 20200337779 RECORDED 09/11/2020 12:58:4.4 Palm Beach Count -it Florida Sharon R. BockrCLERK & C:Oi1P'i'ROLLER P9s 1607 - IL12i (6pas) 00610 Construction Performance Bond Bond Number: 47-SUR-300088-01-0285 Any singular reference to contractor, Surety, Owner or other party shall be considered. plural where applicable CONTRACTOR (Name & Address): SURETY (Name & Principal Place of Business): Berkshire Hathaway Specialty Insurance Company Ferreira Construction Southern Division Co., Inc. 1314 Douglas Street, Suite 1400 13000 SE Flora Avenue Hobe Sound, FL 33455 Omaha, NE 68102-1944 OWNER (Name & Address): Village of Tequesta 345 Tequesta Drive Tequesta, Florida 3.3469 CONTRUCTION CnNT°^�T Date Amount: One Hundred Twenty Thousand Seven Hundred Seventy One Dollars and 50/100 ($120,771.50) ,�. ;Description (Name &Location): Ref. No. B9033.00 - ITB #UTIL 01-20 - Pinetree Drive and Tequesta Drive Drainage Improvements BOND Date (Not earlier than Construction Contract Date): September 1, 2020 Amount: One Hundred Twenty Thousand Seven Hundred Seventy One Dollars and 50/100 ($120,771.50) Modifications to this Bond Form: None Ferreira Construction Southern Division Co., Inc. Berkshire Hathaway Specialty Insurance Company CONTRACTOR AS PRINCIPAL SURETY _ Company: Compan — Sign r Signatur e = Name '& i I rJ Name & Title: Krystal L. Stravato, Attorney -Inn Fact EJCDC No.1910-28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' loint Contract Documents Committee, The Associated General .— Contractor of America, and the American Institute of Architects. CONSTRUCTION PERFORMANCE BOND 00610-1 I 1. The Contractor and the Surety, jointly and severally, bind themselves their heir, executors, administrators, successors and assigns to the owner to pay for labor. Materials and equipment furnished for use in the performance of the Construction Contract which Is incorporated herein by reference. 2. 9 the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate In conferences as provided in Subparagraph 3.1. 3. ff there is no owner Default, the Surety's obligation under this Bond shall arise after. 3.1. The Owner has notified the Contractor and Surety at Its address described In Paragraph 10 below, that the owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be haid not later than fifteen days after receipt of such notice to discuss methods of performance the ConstruWai Contract. 9 the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall be waive the Owner's right. If any, subsequently to declare a Contractor Default: and 3.2. The owner has declared a Contractor Default and formally terminated the Contractors right to compete the contract Such Contactor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided In Subparagraph 31: and 33. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract In accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3. The Surety shall promptly and at the Surety's expense take one of the following actlons 4.1. Arrange for the Contractor with consent of the Owner to perform and complete the Construction Contractor 42. Undertake to perform and complete the Construction Contract itself, through its agents or through Independeirt contractors, or 43 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the owner and the contractor selected with the Owners concurrence to be seared with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractors default: or 4A. Waive its right to perform and complete arrange for completion or obtain a new contractor and with reasonable promptness under circumstances: 1. After investigation determine the amount for which it may be liable to the Owner and as soon as practicable after the amount Is determined tenderpayment therefor to the Owner, or 2. Deny liability In whole or In part and notify the Owner citing reasons therefor. S. If the Surety does not proceed as provided in Paragraph 4 with reason -able promptness. The Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform Its obligations under this Bond and the Owner shall be entitled to enforce any remedy avallable to the Owner. If the Surety proceeds as provided in Subparagraph 4A. And the Owner refuses the payment tendered or the Surety has denied liability in whole or In part without further notice the Owner shag be entitled to enforce any remedy available to the owns. 6. After the Owner has terminated the Contractors right to complete the Construction Contract and if the Surety elects to act under Subparagraph 41.4.2. or 43. above then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract and the responsibilities of the owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract the Surety Is obligated without Duplication for. 6.1. The responsibilities of the Contractor for correction of defecbYe work and completion of the Construction tontract: 62. Additional legal Including appellate proceednhgs, design professional and delay costs and expenses resulting from 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 Constrction Contract actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction 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 heles executors, adrtdnisbators or successors. B, The Surety hereby walves notice'4 any change including changes of time to the Construction Contract or to related subcontracts6 purchase orders and other obligation. 9. Any proceeding, legal or equitable under this Bond may be Imtltuted in any court of competent jurisdiction In the location In which the work or part of the work Is located and shall be Instituted within two years after Contactor Default or within two years after the Contactor ceased working or within two years after the Surety refuses or fags to perform its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph'afe void or prohibited by law the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shag be applicable. 10. Notice to the Surety, the Owner or the Contractor shag be mailed or delivered to the address shown on the signature page. It When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed any provisbn.in this Bond conlliding with said statutory, or legal requirement shall be deemed deleted here from and provisionns conforming to such statutory or other legal requirement shall be deemed Incorporated herein. The Intent 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 Owner to the Contractor under the Construction 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 valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 221 Construction Contract: The agreement between the owner and the Contractor identified on the signature page. Including all Contract Documents and changes thereto. 123. Contractor Default: Failure of the Contractor which has neither been remedied nor waived to perform or otherwise to comply with the terms of the Construction Contract 12.4. Owner DefaultFailure of the Owner, which has neither been remedied nor waived to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. This Bond Is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable, and is subject to the notice and time limitation orovisions. (FOR INFORMATION ONLY Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE (ENGINEER): CONSTRUCTION PERFORMANCE BOND 00610-2 Engineers Project 89033.00 ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF F 1 (MR 1 DA COUNTY OF M A R ff 1 o On the _ '�^ day of je Pmlt��t , 2020 before me personally appeared 3 ► to be known, who, being by me duly sworn, did depose and say; that (s)he is the 1(�S e _e��Ps, of Ferreira Construction Southern Division Co., Inc., the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above county, the day and year written above. Cedia Rosa Hein NOTARY PUBLIC STATE OF FLORIDA �, Coffv* GG343610 Notary Public Expires 6/29/2023 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF NEW JERSEY COUNTY OF MORRIS On the Pt day of September, 2020 before me personally appeared Krystal L. Stravato to me known, who being by me duly sworn, did depose and say; that (s)he is the Attorney -In -Fact of Berkshire Hathaway Specialty Insurance Company the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above county, the day and year written above. Notary Publicru, Ned" Public - State of New ]erSay CDMMWN Expira _R 19# ZVii C9 a n Y �I why' ��� ..• �o 47-S U R-300088-01-0285 Berkshire Hathaway Specialty Insurance LI '-y Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY . a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL LIABILITY & FIRE INSURANCE COMPANY. a corporation existing under and by virtue of the laws of the State of Connecticut and having an office. at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted asset forth herein, do hereby name, constitute and appoint: KKr stal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald.100 South Jefferson Road, Suite 101. of the city of Whippany. State of New Jersey, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attomey-in-Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018. This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President S�Py0ilP0Rq�'YJ� SURETY SEAL •fx drf_gRAS'f. �� �1•'+Y t }d�D NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President IDEMN/T 01" /A,. . QE2°ORP��T�n �O o?r°O�P•�lf yi zt`SURETY°�i s� SURETY n SEALA. NOTARY State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] GEOFFERY A. DELISIO Notary Public Commonwealth of Massachuseus My Comm. Expires November 29, 2024 Notary Public I, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY WMPAPY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct mow:_„t ;- ,.. -•—•�r� 11 of Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY -eunto affixed the seals of said Companies this Seotember 1.2020. > pEMNrr +yF1REr1 Te2o�P��4tl CO ti f4PO . 21�$DRETY�°ice Gj StiREiY m f J, o i ° SEAL eg. b oa $EAL o� c Officer c 6'f'�`�4H.A.:.N•''�r2 � �N it �Nyai' BHSIC, NICO & NLF POA (2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at anytime any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents, and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers Section 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may ® from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. AT�ONALLiABILITY & FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) ^ vf'tFSC3LD"Treat the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time ,a ;anyueh.Att}orney-in-fact and revoke the authority given. W BHSIC, NICO & NLF POA (2018) 0 0 BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12/31/2019 12/31/2018 12/31/2017 Total invested assets $ 5,172,183,338 $ 4,313,185,189 $ 4,516,104,907 Premium & agent balances (n 368,086,012 301,849,144 297,141,264 All other assets 127,524,677 140,930,406 137,220,394 Admitted Assets $ 5,667,794,027 $ 4,755,964,739 $ 4,950,466,565 LIABILITIES & SURPLUS* 12/31/2019 12/31/2018 12/31/2017 Loss & loss exp. unpaid $ 634,745,558 $ 463,103,223 $ 327,823,391 Unearned premiums 314,117,549 241,835,588 209,113,536 All other liabilities 744,738,458 570,628,148 663,892,150 Total Liabilities 1,693,601,565 1,275,566,959 1,200,829,077 Total Policyholders' Surplu: 3,974,192,463 3,480,397,780 3,749,637,488 Total Liabilities & Surplus $ 5,667,794,028 $ 4,755,964,739 $ 4,950,466,565 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the companys domiciliary state. STATE OF FLORIDA • PALM BEACH COUNTY I hereby certify that the foregoing is a sl true copy of the record in my office with redactions, if a �req fired by la �o•MTHIS DAY OF 201 �� orr� SHAR N BOCK •' r o LERK & COMPTROLLER By DEPUTY LERK I m 3 +t �.: Return to: (enclose self-addressed stamped envelope) Name: Address: RECORDED 09/11/2020 12:53:44 f'alnr Beach Couni9y Florida Sharon R. BockrCLERK & COMPTROLLER Pss 1601 - 1606► (fuss) 00620 Construction Payment 'Bond Bond Number: 47-SUR-300088-01-0285 Anysingular reference to Contractor, Surety, owner or other party shall be considered plural where applicable CONTRACTOR (Name & Address): SURETY (Name & Prhncipal Place of Business): Ferreira Construction Southern Division Co., Inc. Berkshire Hathaway Specialty Insurance Company 13000 SE Flora Avenue 1314 Douglas Street, Suite 1400 Hobe Sound, FL 33455 Omaha, NE 68102-1944 OWNER (Name & Address): Village of Tequesta 345 Tequesta Drive. - . Tequesta, Florida 33469 CONTRUCTION CONTRACT Date (&V Amount —One Hundred Twenty Thousand Seven Hundred Seventy One Dollars and 50/100 ($120,771.50) Description (Name & Location): Ref. No. B9033.00 - ITB #UTIL 01-20 - Pinetree Drive and Tequesta Drive Drainage Improvements BOND Date (Not earlier than Construction Contract Date): September 1, 2020 Amount: One Hundred Twenty Thousand Seven Hundred Seventy One Dollars and 50/100 ($120,771.50) Modifications to this Bond Form: None Ferreira Construction Southern Division Co., Inc. Berkshire Hathaway Specialty Insurance Company CONTRACTOR AS PRINCIPAL. SURETY Company: Compan : Signature: Signat e� Name & Titl LA . � Name & stal L. Stravato, Attomey-In-Facts ..;. EJCDC No. 1910-28B (1984 Edition) Prepared through the Joint efforts of The Su rety Assoclation of America, Engineers' Joint Contract Documents Committee, The Associated deneral Contractot ofAmerica, and the American Institute of Architects, American Subcontractors Association, and the Associated Specialty'Contractur CONSTRUCTION PAYMENT BOND 00620-1 Engineer Project No. 89033.00 1. The Omwactor and the Surety, jointly and severally, bind themselves their heir, executor4 administrators, successors and assigns to the owner to pay far labor. Materials and equipment furnished for use in the • performance of the Construction contract, which Is Incorporated herein by reference. 2. With respect to the Owner, this obligation shall be mill and void If the Contractor: 2.L Promptly makes payment, directly or it directty for all earns due Claimants and I . 2.2. Defends indemnifles andholds harmless the. owner from all claims demands liens or suits by any person or entity who furnished labor, materials or equipment for use In the performance of Construction Contract provided the Owner has pmnWUV notified the Contractor and the Surety (at the address described In Paragraph 12) of any dalum demands liens or suits to the Contractor and the Surety and provided there Is no Owner Default. 3. With respect to Claimants this obligation shag be null and vold If the Contractor promptly make payment directly or indirectly for all sums due. 4. The Surety "I have no obligation to Claimants under this Band until: 41 Claimants who are employed by or have a direct contact with the Contractor have given notice to the Surety ( at the address described in Paragraph 12) and sent a copy or notice thereof to the. owner stating that a dakn is being made under this Bond and with substantial accura y the amount of the claim (see note one) 4.2 Claimants who do not have a direct contract with the Contractor 1. Have furnished written notice to the Contractor and sent a copy or notice thereof, to the Owner within 90 days after having last preformed labor or last furnished materials or equipment included In the claim stating with substantial accuracy the amount of the claim and the name of the party to whom the materials were fumidhed or suppled or for whom the labor was dace or preformed and 2. Have either received a rejection in whole or in part from the Contractor or not received within 30 days of furnishing the above notice amr communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly and 3. Not having been paid within the above 30 days have sent a written notice to the Surely ( at address described In Paragraph 12) and set a copy or notice thereof to the Owner stating that a claim Is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor 5. If a notice required by Paragraph 4 Is given by the owner to the Contractor or to the Surety that is suffident compllance. 6. When the Claimant has satisfied the conditions of Paragraph 4 the Surety shall promptly and at the SureWs expense take the following actfors: 61. Send an answer to the Claimant, with a copy to the Owner, within 45 rays after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed 6.2 Pay or arrange for payment of any undisputed amounts of this Bond, and the amount of this Bond shall be credited for any payment made in good faith by the Surety. 7. The Suretys 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 Surety. S. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy dalnts. If any, under any Construction Performance Bond By the Contractor furnishing and the owner accepting this Bond they arm that all funds earned by the Contractor in the performance of the Construction Contract are dedicated tp satisfy obligations of the Contractor and the surety under this Bond subject to the Owner's priority to use the funds for the completion of the work. 9. The surety shall not be liable to the Owner Claimants or others for Obligations of the Contractor that are uarelated to the Construction Contract. The owner shall not be liable for payment of any costs cr ehgiense of any Claknant underthis Bond and shall have under this Bond no obligations to make payments to give notice on behalfof or otherwise hive obllgatkns W Claimants under this Bond. 10. The Surety thereby wahres notice of any change, including changes at time to the Construction Contract or to related subcontracts purchase orders and other obligations. 11. No Suit or actions shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction In the location In which the work or part of the work Is located or after the expiation of 2 year from the date (1) on which the Claimant gave the notice required by Subparagraph 41 or Clause 4.2 (Ile), or (2) on width the last labor or service was periomhed by anyone ` or the last materials or equipment were fur fished by anyone under the Construction Contract wlichever of (1) or (2) fist occurs. If the provisions of this Paragraph are void or prohibited by law the minimum perlod of imitation available to sureties as a defense in the jurisciiction of the suit shall lie applicable. 12. Notice to the Surety the Owner or the Contractor shag be mailed or delivered to the address gown an the signature page. Actual receipt of.notice by Surety the owner or tine Contractor however accomplished shall be sufficient compliance as ofthe bete received at the address shown on the signature page. 13. When this Bond has been furnished to comply with statutory or other legal requirements in the location where the 'construction was to be performia any provWon in this Bond =Mktbng with said statutory or legal requirement shall he deemed deleted hake from and provisions ewforming to such statutory or aiiher legal requirement shag be deemed Incorporated herein. The intent is that this Bond stag be constructed as a statutory bond and not as a common law bond. 14. Upon rFquest by any person or entity -appearing to be a potential bersefidary of this Bond the Contractor shag promptly furnish a copy of this Bond or shall permit a copy to be made 1S. DEFINmONS 15.1. Claimant An Individual or entity having a direct contract with the Contractor or with a subcontractor to furnish labor, materials or equipment for use in the performance of the contract. The Intent of this Bond shag be to Include withiout limitation In the terms ".labor materials or equipment" that part of water, gas, power, light, heat oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Con bactor and the contractors subcontractors and all other gems for which a medhanies Den may be asserted in the jurisdiction where the labor materials or equipment were furnished. 15.2. Construction Contract: The agreement between the owner and the Contractor Identified an the signature page, Including all Contract Documents and changes thereto. W. owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Note 1: As an additional requirement any claimant, except a laborer, who is not in privity with the Contractor shall, within forty-five days after beginning to furnish labor, materials or supplies, furnish the Contractor with a Notice that he intends to look to the Bond for protection. This Bond is executed pursuant to Florida Statues Section 255.05 or Section 713.23, whichever is applicable, and us subject. to the notice and time {imitation provisions. (FOR INFORMATION ONLY Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE (ENGINEER): CONSTRUCTION PAYMENT BOND 00620-2 Engineer Project No. 89033.00 ACKNOWLEDGEMENT OF CONTRACTOR - IF A CORPORATION STATE OF F m R m j� On the � day of -" }=M)gy- , 2020 before me personally appeared 3f1'' yN kn -f ijn to be known, who, being by me duly sworn, did depose and say; that (s)he is the 4 q tz- of Ferreira Construction Southern Division Co., Inc., the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above county, the day and year written above. Cedia Rose Hein NOTARY PUBLIC STATE OF FLORIDA Comm# GG343610 Notary Public Expires 6/29/2023 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF NEW JERSEY COUNTY OF MORRIS On the I' day of September, 2020 before me personally appeared Krystal L. Stravato to me known, who being by me duly sworn, did depose and say; that (s)he is the Attorney -In -Fact of Berkshire Hathawav Specialty Insurance Company the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above county, the day and year written above. Public 3 Sandy 5 Janes -Browne y {, Notary Public - State of New Jersey ; ; • .; My Commission Expires Sep 19, 2021 G d 47-SU R-300088-01-0285 L ril I W i Berkshire Hathaway Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY NATIONAL INDEMNITY COMPANY / NATIONAL LIABILITY & FIRE INSURANCE COMPANY Know all men by these presents, that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street, 23rd Floor, Boston, Massachusetts 02111, NATIONAL INDEMNITY COMPANY. a corporation existing under and by virtue of the laws of the State of Nebraska and having an office at 3024 Harney Street, Omaha, Nebraska 68131 and NATIONAL UABILMY & FIRE INSURANCE COMPANY, a corporation existing under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford, Connecticut 06902 (hereinafter collectively the "Companies"), pursuant to and by the authority granted asset forth herein, do hereby name, constitute and appoint: Krvstal L. Stravato, Kevin T. Walsh, Jr., Thomas MacDonald, 100 South Jefferson Road, Suite 101, of the city of Whippany. State of New Jersey, their true and lawful attorney(s)-in-fact to make, execute, seal, acknowledge, and deliver, for and on their behalf as surety and as their act and deed, any and all undertakings, bonds, or other such writings obligatory in the nature thereof, in pursuance of these presents, the execution of which shall be as binding upon the Companies as if it has been duly signed and executed by their regularly elected officers in their own proper persons. This authority for the Attorney -in -Fact shall be limited to the execution of the attached bond(s) or other such writings obligatory in the nature thereof. In witness whereof, this Power of Attorney has been subscribed by an authorized officer of the Companies, and the corporate seals of the Companies have been affixed hereto this date of December 20, 2018, This Power of Attorney is made and executed pursuant to and by authority of the Bylaws, Resolutions of the Board of Directors, and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, which are in full force and effect, each reading as appears on the back page of this Power of Attorney, respectively. The following signature by an authorized officer of the Company may be a facsimile, which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney, including satisfaction of any signature requirements on any and all undertakings, bonds, or other such writings obligatory in the nature thereof, to which this Power of Attorney applies. BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, By: David Fields, Executive Vice President 4°a-o'r��Jyi = SEAL NOTARY_ NOTARY NATIONAL INDEMNITY COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, By: David Fields, Vice President pEMN/T hFlRE /As vi�,OR�R9l1 G� v: O/(L Aria Qi= 4•� O a r �' �•� `� yZ 2iSURETY ; ai SURETY 0 O �, o SEAL 0Qa �,00 SEAL a~ o fA Nrc ,`2 yo pE t�cfiaa` ,t 1yN �r 1•� State of Massachusetts, County of Suffolk, ss: On this 20th day of December, 2018, before me appeared David Fields, Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, who being duly sworn, says that his capacity is as designated above for such Companies; that he knows the corporate seals of the Companies; that the seals affixed to the foregoing instrument are such corporate seals; that they were affixed by order of the board of directors or other governing body of said Companies pursuant to its Bylaws, Resolutions and other Authorizations, and that he signed said instrument in that capacity of said Companies. [Notary Seal] GEOFFERY A. DEUSlO Notary Public J d Commonwealth of Massachusetts My Comm. Expires November 29, 2024 Notary Public 1, Ralph Tortorella, the undersigned, Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct Attorney executed by said Companies which is in full force and effect and has not been revoked. IN TESTIMONY affixed the seals of said Companies this September 1, 2020. .` s° - i OO�Pi Rgrp. n0 4 % of 25URL'7'V't� !'m y pi SEAL �a a Ir SURETY j m SEAL 1� Officer iy'��NECS�Or��O �J1�N•'t 1�,a � BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY (BYLAWS) 0 ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b) The President, any Vice President or the Secretary, shall have the power and authority: (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company bonds and other undertakings, and (2) To remove at anytime any such Attorney -in -fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY (BY-LAWS) Section 4. Officers, Agents. and Employees: A. The officers shall be a President, one or more Vice Presidents, a Secretary, one or more Assistant Secretaries, a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors, and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors; and the Board of Directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the corporation. INATIONAL INDEMNITY COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at any time any such Attorney -in -fact and revoke the authority given. NATIONAL LIABILITY & FIRE INSURANCE COMPANY (BY-LAWS) ARTICLE IV Officers ISection 1. Officers, Agents and Employees: A. The officers shall be a president, one or more vice presidents, one or more assistant vice presidents, a secretary, one or more assistant secretaries, a treasurer, and one or more assistant treasurers, none of whom shall be required to be shareholders or directors, and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified, may serve successive terms of office, may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the board of directors; and the board of directors or the officers may from time to time appoint, discharge, engage, or remove such agents and employees as may be appropriate, convenient, or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY &FIRE INSURANCE COMPANY (BOARD RESOLUTION ADOPTED AUGUST 6, 2014) RESOLVED, That the President, any Vice President or the Secretary, shall have the power and authority to (1) appoint Attorneys - in -fact, and to authorize them to execute on behalf of this Company bonds and other undertakings and (2) remove at anytime any such Attorney -in -fact and revoke the authority given. 0 I BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 12/31/2019 12/31/2018 12/31/2017 Total invested assets $ 5,172,183,338 $ 4,313,185,189 $ 4,516,104,907 Premium & agent balances (n 368,086,012 301,849,144 297,141,264 All other assets 127,524,677 140,930,406 137,220,394 Admitted Assets $ 5,667,794,027 $ 4,755,964,739 $ 4,950,466,565 LIABILITIES & SURPLUS* 12/31/2019 1213112018 12/31/2017 Loss & loss exp. unpaid $ 634,745,558 $ 463,103,223 $ 327,823,391 Unearned premiums 314,117,549 241,835,588 209,113,536 All other liabilities 744,738,458 570,628,148 663,892,150 Total Liabilities 1,693,601,565 1,275,566,959 1,200,829,077 Total Policyholders' Surplus 3,974,192,463 3,480,397,780 3,749,637,488 Total Liabilities & Surplus $ 5,667,794,028 $ 4,755,964,739 $ 4,950,466,565 * Assets, liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. ^" STATE OF FLORIDA ° PALM BEACH COUNTY °M. !hereby certify that the foregoing is a true copy of the record in my office with redactions, if a s req ired by la�� ^! THIS DAY OF 20_-_- SHAR N .BOCK 0, ``- LERK & COMPTROLLER BV 0 i PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements 0,0501 OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents, that after such examination I am of the opinion that the execution of the Agreement, the Performance Bond and Payment Bond are in due and proper form. Attorney for Owner This the day of , 20 OPINION OF ATTORNEY Engineer's ProjectB9033.00 02/03/2020 00501-1 1 PROJECT: Pinetree Drive and Tequesta Drive Drainage Improvements SECTION 00630 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES The undersigned Contractor does hereby confirm to the Owner and Engineer that the Contractor has reviewed the provisions of Chapter 556, Florida Statutes, and has provided to "Sunshine State One -Call of Florida, Inc." the information required under F.S. 556.105 before the commencement of any excavation or demolition required for the Work. Executed this day of , 20 (print name) _1"'W (title) END OF SECTION NOTICE OF COMPLIANCE Engineer Project No. B9033.00 04/16/01-N 00630-1 G r 00670 CONTRACTOR'S AFFIDAVIT TO OWNER STATE OF FLORIDA COUNTY OF Before me, the undersigned authority, authorized to administer oaths and take acknowledgements, personally appeared who, being by me first duly sworn, on oath depose(s) and say(s): (1) He/she is/They are a (Corporation. Partnership or Individual) of business as (Company Name) hereafter called(ContractorStatel g in (2) Contractor heretofore entered into a Contract with The Village of Teauesta hereinafter called "Owner" to do Work (furnish material, labor and services) for the construction of located at Teauesta, Palm Beach County, Florida. (3) Contractor has fully completed construction in accordance with the terms of the Contract, and all lienors have been paid in full, except: NAME OF LIENOR AMOUNT DUE AND UNPAID (4) All Workmen's Compensation claims have been settled and no liability claims are pending, in connection with, arising out of or resulting from the Contract. (5) Receipt by the Contractor of the final payment, under the aforementioned Contract, shall constitute a full release and discharge by the Contractor to the Owner of any and all claims of the Contractor against the Owner, arising out of, connected with, or resulting from performance of the obligations of the Contractor pursuant to the Contract Documents. (6) The term "lienor" as used in this affidavit means any person having a lien or a prospective lien, under the Mechanics Lien Law of Florida, on the land and property of the Owner referred to in paragraph (2) of this affidavit. (7) This affidavit is given pursuant to the provisions of Florida Statutes Section 713.06 or Section 255.05, whichever is applicable. Signed and sealed in the presence of. NTI S( EAL) By: The foregoing instrument was acknowledged before me this day of 2020 by , who was physically present, as (title), of (company), a (state) corporation, and who is personally known to me or who has produced the following identification. as Notary Public Print Name: My commission expires: CONTRACTOR'S AFFIDAVIT TO OWNER Engineer Project No. B9033.00 06/08/92 00670-1 0 i I L 00680 APPLICATION FOR PAYMENT NO. Project PO #: Application is made for payment, as hereinafter shown, in connection with this Agreement: Total Work to Date - see attached schedule $ Total Material Suitably Stored - see attached schedule $ Gross Amount Due $ Less % Retainage $ Amount Due to Date $ Less Previous Applications $ Amount Due This Application $ Original Contract Price $ Net Change Orders $ Current Contract Price $ Value of Work Remaining to be Done $ Contractor's Certification: The undersigned Contractor certifies that (1) all previous progress payments received from Owner on account of Work done under the Agreement referred to above have been applied to discharge in full all obligations of Contractor incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to Owner). Dated 20_ Contractor and Mailing Address By (Name and Title) State of ) County of )ss Subscribed and Sworn to (or affirmed) before me on (date) personally appeared (name). He/she is personally known to me or has presented (type of identification) as identification. Who being so duly sworn, did depose and say that he/she is of the Contractor above mentioned; that he/she executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. Notary Public Signature and Seal Print Notary Name and Commission No. Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Date: Date: ENGINEER By: (Name) (Title) VILLAGE OF TEQUESTA By (Name) (Title) APPLICATION FOR PAYMENT Engineer Project No. B9033.00 00680-1 Fi, 00681 SCHEDULE OF VALUES AND WORK COMPLETED PROJECT TITLE CONTRACTOR FOR PERIOD ENDING TO ACCOMPANY APPLICATION NO. ITEM CONTRACTOR'S Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount NOTE: CONTRACTOR SHALL PREPARE APPROPRIATE SCHEDULE WITH ALL CONTRACT ITEMS I SHOWN FOR ATTACHMENT TO EACH APPLICATION FOR PAYMENT. Total $ (Original Contract) C.O. No. 1 C.O. No. 1 NOTE: CHANGE ORDER(S) SHALL BE ITEMIZED AS APPLICABLE. TOTAL WORK TO DATE $ MATERIALS SUITABLY STORED NOTE: CONTRACTOR TO ITEMIZE AND ATTACH APPROPRIATE INVOICES TOTAL MATERIAL SUITABLY STORED $ Accompanying Documentation (Contractor to itemize): SCHEDULE OF VALUES AND WORK COMPLETED Engineer Project No. B9033.00 02/03/2020 00681 A 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 Laws and Regulations. STANDARD GENERAL CO NDITIONS OF THE CONSTRUCTION CONTRACT n U, Prepared by EJCDC*i=;� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AMERICAN COUNCIL OF ENGINEERING COKpANIkS ASCE AM RI AN SIMETY OF CIA ENGMERS National Society of Arof"alonal Enginaera® EJCDC' C-700, standard General Conditions of the Construction Contract Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC 2013 Editions). C-520, Stipulated Sum, or C-525, Cost -Plus, t3 Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC' C-800, 2013 Edition). The full EJCDCuj Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.or American Council of Engineering Companies 101515th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www eicdc.or& or from any of the sponsoring organizations above. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology...........................................................................Page ............... 1.01 Defined Terms........................................................................................................................1 1.02 Terminology...........................................................................................................................5 Article 2 — Preliminary Matters.......................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance........................................................................6 2.02 Copies of Documents.............................................................................................................6 2.03 Before Starting Construction..................................................................................................6 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules..............................................................................................7 2.06 Electronic Transmittals...........................................................................................................7 Article 3 — Documents: Intent, Requirements, Reuse.....................................................................8 3.01 Intent...................................................................................................................................... 8 3.02 Reference Standards..............................................................................................................8 3.03 Reporting and Resolving Discrepancies.................................................................................8 3.04 Requirements of the Contract Documents............................................................................9 3.05 Reuse of Documents............................................................................................................10 Article 4 — Commencement and Progress of the Work.................................................................10 4.01 Commencement of Contract Times; Notice to Proceed......................................................10 4.02 Starting the Work.................................................................................................................10 4.03 Reference Points..................................................................................................................10 4.04 Progress Schedule................................................................................................................10 4.05 Delays in Contractor's Progress............................................................................................11 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions......................................................................................................................................12 5.01 Availability of Lands.............................................................................. 5.02 Use of Site and Other Areas.................................................................................................12 5.03 Subsurface and Physical Conditions.....................................................................................13 5.04 Differing Subsurface or Physical Conditions........................................................................14 5.05 Underground Facilities.........................................................................................................15 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 1h it 5.06 Hazardous Environmental Conditions at Site.......................................................................17 Article 6 —Bonds and Insurance...................................................................................................19 6.01 Performance, Payment, and Other Bonds...........................................................................19 6.02 Insurance —General Provisions............................................................................................19 6.03 Contractor's Insurance.........................................................................................................20 6.04 Owner's Liability Insurance..................................................................................................23 �1 6.05 Property Insurance...............................................................................................................23 6.06 Waiver of Rights...................................................................................................................25 6.07 Receipt and Application of Property Insurance Proceeds....................................................25 Article 7 — Contractor's Responsibilities........................................................................................26 7.01 Supervision and Superintendence.........................................:.............................................26 7.02 Labor; Working Hours..........................................................................................................26 7.03 Services, Materials, and Equipment.....................................................................................26 7.04 "Or Equals"...........................................................................................................................27 7.05 Substitutes............................................................................................................................28 7.06 Concerning Subcontractors, Suppliers, and Others.............................................................29 7.07 Patent Fees and Royalties....................................................................................................31 7.08 Permits .................................................................................................................................31 .............................32 7.09 Taxes ........................ ................................................................................ 7.10 Laws and Regulations...........................................................................................................32 7.11 Record Documents...............................................................................................................32 7.12 Safety and Protection...........................................................................................................32 7.13 Safety Representative...................................................................................................`.......33 e 7.14 Hazard Communication Programs.......................................................................................33 7.15 Emergencies.........................................................................................................................34 7.16 Shop Drawings, Samples, and Other Submittals..................................................................34 7.17 Contractor's General Warranty and Guarantee...................................................................36 7.18 Indemnification....................................................................................................................37 7.19 Delegation of Professional Design Services.........................................................................377 38 Article 8 — Other Work at the Site................................................................................................. 8.01 Other Work...........................................................................................................................38 8.02 Coordination.........................................................................................................................39 8.03 Legal Relationships...............................................................................................................39 , EJCDC® C-700, Standard General Conditions of the Construction Contract. iN Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii J, Article 9-Owner's Responsibilities -...--.-`.~.-..---' 9J01 Commnun�at�nstoContrac�o �--...~--.--~..-- -.--.~.,~~.~~. 40 '-^^-^~-~ 9102 Replacement ofEngineer -.---.------.--'_--...................................................--~-'`--^ __.^_.~,_.,~,_ 40 9.03 Furn�hData _,.___~._.^__.__.^.______.__.. +u ~, 91]4 PayVVhenDue-.---,.._--.--..'-.-._-__.- ''~~----~''' 4O '---^'' --'-'`" ~_-,-- 40 9J05 Lands and Reports, Tests, and Drawin..........................................................----^--'^ _~_4O 9�]6 hourance-._--._-.-~--.--.,--~'',--.-. 9.07 Change Orde�..---.^-.~--,--,~..__,_._~_,. -'—^'-^-'''-- ^---^'--' 4O 9l8 Inspections, Tests, and Approvals ----,.----^--_'---^~^~--'---^--`4O 9I9 Limitations onOwner's Responsibilities ...,4l '`'---'--^—~-^'^--`41 9.10 Undisclosed Hazardous Environmental Condition 9.11 [v�enceofRnanda|Anangen�ents..--,..------... .- 41 -'''------'` 9'12 Safety Programs ___,__._,-''`-------^----_-.41 Ar�de1O-Eng�ee/sStatus --'-'--- 41 -'----~--- Construction .--`.-`..-- 10J01 Ovvne�sRepresenteb«e--.—~.~...--~.--'-~-.''^'~~~~~~'~^'^^^~~^~^-41 1O�3 VbbstnS�e---^-~.-...—'.--~-.,---._,__. -^--~-~'-~~ '—'^~~--''- 41 10J03 Project Representat�e,_-.-_,._..___~__._~__'-''--'-'-^-'^-----~-41 � 10J04 DefecdveVVnrk-.--.^~~.--~.-.-----.^-- --`--^^'-`^ 42 -^'---'---' -----~ .4J --'—^----- 1O�S Shop D Change Orders and ~----'- -~ 1O�}6 Detenn�at�nsfor Un�pr�eVVork~---.-.-.~~-`... ----'—' 42 --'--'--`--' �lO7 Dedo�nsonReou�en�entsof[on�ac1Docunmentsand ''-~'^'----^--'-^^-~''43 N� 10.08 Um�ationsonEngineer's Authority and Responsibilities 1OJ]9 CompUanrevv�hSafety progromn__^__,._~__,_._^.-''----'-'--~------~�3 - N� Art�|e1l-Anlendingthe Contract Docurnents Changes inthe VVork----^~~--'^'~'^-''^�� 11J01 Annend�uand Gupp� ContnactDocumnents ...........................................................--~''~----`^'~^~^*� �q 11�2 Owmer-\uthorbedChanges /nthe VVork*u 11.03 Unauthorized Changes [n the Work --'^--''--'°° -.--.--..-~.—..-.. 11-04 Change of ContractPrice ----,----.^----..'.. '~-'^----^^-'~-^--'44 11l�S Change ofContract Times ---------------'''-''---'------''--'--'44 11J]G �han�eProposa�..---.-.--~~---,----.---~-----..----'-----' .'______. 45 11l�' Execut�nofChange Orders .------..-------. '--~''^--~~''*� 11-08 Not��a�nntoSurety ---------.-~-----.-.^.------ __.____^... '''--`~---- 4G Article 22-Claims -..----.-..-.-.^-...-.-.----. ~~--'---~--�/ --'-'--''^'----'--`'-^----.47 EJCDC11 C-700, Standard General �v�'�t�uox mnuonaa�u*vvr �u----~~'~=^°"�'=no"�muao� aumwm_-'nsn~..��~"° Engineers, xmen�xuo*mopvsm�ovenomcumnan�� 1� 12�1 Claims —..~--~--~~_-. ^'^-^'^_-^.-~-.47 ^_-- --''' 48 ! � -..~.~.-' Article 1B-cost mfthe \Nork:AA\ov«anc��Un�pr�eVVorK.~.^.~~...~.-~......_.__..48 13�1 Cost ofthe \�ork------.---~----.-'-----^------ __..-S0 \� 13O2 Allowances -.~~--....-~--.--.--~-..-~.~------~.--.. ' ~' 51 13lB Unit Pr�e\Nork.-.~.~--~...---~~.-~- '^~~-^'~-~-''---^~^~---.-.. ofDef�cOveVVorh....... 52 Inspections; Correction, Removal orAc�aotonue Art�� 14-Tests and 52 14.01 Access toWork .—~.-..~.-.-.~~..-~-- .....-.....~..._..~.--._� ' 14O2 Tests, ��andAporovab.--..--.---.-..---.- ''-----------52 ' '�'^~~- ' 14.03 Defec�veVVork....~.~^~--.-_,._--.^..,. ~''.—'....-.~-~....-~~-~..-.-S3 14�4 Acceptance ofDefec�*e\Nork..-~.~..-~~..--~-~..—. ''^'^~~^-^^^-''—~^-- ( � 14]}5 Uncovering '^^^'-''~'^^^-''~''-'-~~-^^'-^-- VVod�.~._~~~---..----- 14�6 �vvnerK8oyStoptheVVork-~~...~~--'-'—''^--~- ~-^-~'--..-S4 |� 14�7 �wnerKAayConectDefeot�e\�ork-.----..~--..~--.--.. '--'-----'~--.S4 ^-�' -- �� Correction Period . [on�pket��n;[or -~~~...'__._~. .~.... A,�cel5-PaynnentstoContracto� 55 15.01 Progress Paynments--.._-.-~~--.--.. ^-^'-'~-~'^''^^^^^'----` 1S�Z Con1,actnr�\NanantYofTbe..-.~...-~~~...-.-~..~.. '--'--~---'^~~-S8 | � ~__~~...S8 15lI3 Subs��nha|Connp�to»^'-~^''^^~-'~^'~^',_.___~_____~___.,_.~__.._...5g 1S��� parba|Use oroccupancy .----..-----' .~_~~..59 ! | | � 15�S Final|nopecUon..-~.-~.--..---. ~--~~~~... ' ^~^~^^'^-'-^^'~^- 1SJ]G Final Paynmen1-~^~^^^-'-~^^-'—~'''' 15l7 VVa�erofC�hm� -.-.---'--.—~-~-- _.._.___~_..61 '' ~~ 1S�8 Co�ect�onPeriod .-..-.~--~.......---..-.. ~-~^^^^-^.-.61 ,~~..G2 |J ...~.~-.. and Termination ---'-^^-^'------.'-'.-,,_,,,_,6% �� ~= Ar�delG_suspen�onofVVod« 16�1 Owner K8aySuspend VVork~'^^-^~~'^^-~^'^^^'~~~-'- 16JJ% Owner K8oyTerminate for Cause ...--'-~-~---'---'--� __._~__~____..G2 L& 16l8 owner K8ayTerminate For Conven�nce..-.~.....--.—.--- --''~.--~~....63 1G�4 [ontr o�or K8ay S�op Work or ~-~---.~..^-~'--' ~-.-.-~----.G3 " ww ....... ........ G4 Article l7-Final Resolution ofDisputes '..-'~~-^-~~^^'--'.'______________�64 17I1 KAethodsand Procedures '_---------.---^-� | � Article 18-W1�ceUaneous...^~--~^~~^^'~^^~^ ~~,.,,,,,,,,~,.,~,,..�4 18l1 Giving Notice .. -.-------------' __.____________~_______G4 ' ' \ � 18l}2 ComoutadonofTlmes.--~-.-~.---.--... ~--~..--~-.----...~-...-..64 '-- 1�O3 Cumu\adveRen�edie�~.~.--_-..~~-.~---- '~-'-~~~'---^-^-~...64 |� A 18.04 18.05 Limitation of Damages No Waiver.............................................................................................................................65 ................................... 65 18.06 Survival of Obligations ................................... 65 18.07 Controlling Law ......................... 18.08 Headings...............................................................................................................................65 ............................................................................... 65 !4 L�, L�� EICDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract A. Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 11 3. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price 4 or Contract Times, or both; contesting an initial decision by Engineer concerning the Li requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer E1CDC- C-700, Standard General Conditions of the Construction contract. a Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, j and American Society of civil Engineers. All rights reserved. Page 1 of 65 I has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern —Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. 05501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. 01251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for ® the execution of the Work, or that are to be incorporated in the Work, and that are �1 controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 IF, 24. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract U requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. s 28. Owner —The individual or entity with which Contractor has contracted regarding the irl Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, t� procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. of Engineer assigned 32. Resident Project Representative —The authorized representative to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site —Lands or areas indicated in t he Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under _ Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 I I 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to .the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. E1CDC® C-700, Standard General Conditions of the Construction Contract. I i Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 111 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words furnish, ,install, perform, or provide,�Ithen Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 0 J 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project -related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 I computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 —DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page a of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued 3 pursuant to Paragraph 11.01. U 2. Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 J 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: . 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EICDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by i Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, G and American Society of Civil Engineers. All rights reserved. Page 11 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part EJCDC* C-700, Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 I by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. W C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC' C-700, Standard General Conditions of the Construction Contract. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, Ji and American Society of Civil Engineers. All rights reserved. Page 13 of 65 1 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: I. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 W c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. t 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 J becomingaware thereof n and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: I. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and Cl. Contractor gave the notice required in Paragraph 5.05.13. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EICDC® C-700, Standard General Conditions of the Construction Contract. Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 6S I 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall LJ immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. E1CDC° C-700, Standard General Conditions of the Construction Contract. Copyright Cqc 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 r I F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article B. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.13, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2023 National Society of Professional Engineers, American Council of Engineering companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 I ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,, as published in Circular 570 (as amended and supplemented) by the FinancialManagement Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance —General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 6S 0 maintaining the policies, coverages, and endorsements required ed by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self -insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death FIT of Contractor's ;,employees (by stop -gap endorsement in monopolist worker's compensation states). EICDC* C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 �i 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability —Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured —Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry -standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean-up costs, as a result E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 0 of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. S. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDCm C-700, Standard General Conditions of the Construction Contract. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 6.04 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." Z. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief, mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner -furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® C-700, Standard General Conditions of the Construction contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's f g risk policy, shall contain provisions to the effect that in the event of payment of any loss or w damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all i individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. LL B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.E shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities �•J identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out �} of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 9 3 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C-700, Standard General Conditions of the Construction Contract. J Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 W, �F policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, w except as otherwise provided in the Contract Documents. All special warranties and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable j Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data, in support of any proposed "or I equal" item at Contractor's expense. LJ C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional + , data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or -equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will r advise Contractor in writing of any negative determination. EJCDC$ C-700, standard General Conditions of the Construction Contract. Copyright d 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 4 D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request shall result in any change in Contract Price. The Engineer's denial of an "or -equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. C. will identify: 1) all variations of the proposed substitute item from that specified, and E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 6i 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. t,3 C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with a Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: if Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be i reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDO C-700, Standard General Conditions of the Construction contraa. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 29 of 65 W E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an t� acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment 30 within days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any K. of the Work. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner N. and Engineer. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 I O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner .shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright 9) 2013 National Society of Professional Engineers, American council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 J 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. i•� Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent j to the Site, when prosecution of the Work may affect them, and shall cooperate with them �•3 in the protection, removal, relocation, and replacement of their property or work in progress. y C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. ° E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly ' employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright Q Z013 National Society of Professional Engineers, American Council of Engineering Companies, { and American Society of Civil Engineers. All rights reserved. Page 33 of 65L:} f exchanged between o g r among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the g Contract Documents with re spect to Contractor's review of that submittal, and that Contractor approves the submittal. pp t al. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. t R� B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 H, Js provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or r Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, orother submittal shall result in such item becoming a Contract Document. EJCDC® C-700, standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and p p q commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner, 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 0 J D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to ++++++ Owner for the Work described in the assigned contract. 7.18 indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services 3 are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC® C-700, Standard General Conditions of the Construction Contract. I Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, i and American Society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. if the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. E1CDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 6S Fil 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 n D. If Contractor damages, delays, disrupts, or interferes with the work of an other contractor, Y y c , or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except in as otherwise provided these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. duties Owner's with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owners responsibilities with respect to Change Orders are set forth in Article 11. EJCDC' C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 111, i� 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, 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. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 J 0 or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 f� B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the A safety precautions and programs incident thereto, or for any failure of Contractor to ' comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright Q 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 9 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner -Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EtCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 Lf the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). I C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.6.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.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 Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 —CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC11 C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 0 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 6S J thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 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 e deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, / and American Society of Civil Engineers. All rights reserved. Page 49 of 65 0 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.8.1 or specifically covered by Paragraph 13.01.13.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.6. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 11 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14—TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and S. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 W cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work I A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, j and American Society of Civil Engineers. All rights reserved. Page 53 of 65 li.�� 0 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. F1 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of Pthe determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will E1CDC° C-700, Standard General Conditions of the Construction Contract. Copyright © Z013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 j include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in t the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 I 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, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or Cl. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 i e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 r remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E1CDC® C-700, Standard General Conditions of the Construction Contract. Copyright Q 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 W E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 I inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 i including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 4 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 U E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.8, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change } Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. 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, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1, completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC6 C-700, Standard General Conditions of the Construction Contract. Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 04 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 eppp, 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, r. and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or i termination or completion of the Contract or termination of the services of Contractor. �1 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJC©CA C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2013 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The General Conditions may also be supplemented elsewhere in the Contract Documents. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2013 Edition) have the meanings assigned to them in the General Conditions. PART 1- MODIFICATIONS AND SUPPLEMENTS TO GENERAL CONDITIONS SC-2.01 Delivery of Bonds and Evidence of Insurance Delete paragraph 2.01 C. of the General Conditions in its entirety and insert the following in its place: C. This subsection is not needed. SC-3.03 Reporting and Resolving Discrepancies Delete the paragraph 3.03 A.3 in its entirety and insert the following in its place: 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or unless Contractor reasonably should have known of such conflict, error, ambiguity or discrepancy. SC-4.01 Commencement of Contract Time; Notice to Proceed Delete the last sentence of paragraph 4.01 A. of the General Conditions and insert the following in its place: In no event will the Contract Time commence to run later than the 120th day after the day of the Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier, unless agreed otherwise by Owner and Contractor in writing. SC-5.03 Subsurface and Physical Conditions Delete paragraphs 5.03 A. and 5.03 B. in of the General Conditions in their entirety and insert the following in their place: 5.03 Subsurface and Physical Conditions A. Reports and Drawings: Division 1: General Requirements of the Specifications shall identify those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the site and drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the site that have been utilized by Engineer in preparation of the Contract Documents. Contractor may rely upon the accuracy of any Technical Data contained in such reports that is specifically referenced in Division 1: General Requirements as Technical Data that can be relied on by Contractor. Except as indicated above, Contractor shall have full responsibility with respect to subsurface and ® physical conditions at the site. B. Contractor may rely on the technical data as set forth in subsection A above, but such reports and drawings are not Contract Documents. Except for such reliance on Technical Data, Contractor may SUPPLEMENTARY CONDITIONS Engineer Project No. B9033.00 02/03/2020 00800-1 T not rely upon or make any claim against Owner or Engineer, or any oftheir officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. Non -technical data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any Contractor interpretation of or conclusion drawn from any Technical data or any such other data, interpretations, opinions, or information. SC-5.06 Hazardous Environmental Conditions at Site Delete paragraphs 5.06 A., 5.06 B. and 5.06 I. in of the General Conditions in their entirety and insert the following in their place: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. This subsection is not needed. I. This subsection is not needed. SC-6.01 Performance, Payment and Other Bonds Add the following language at the end of Paragraph 6.01 A.: In accordance with section 255.05(1), Fla. Stat., as amended from time to time, before commencing the Work or before recommencing the Work after a default or abandonment, the Contractor shall execute and record in the public records of Palm Beach County a payment and performance bond with a surety insurer authorized to do business in the State of Florida, and the Contractor shall be required to provide to the Owner a certified copy of the recorded bond. The Owner may not make a payment to the Contractor until the Contractor has complied with section 255.05(1)(b), Fla. Stat. SC-6.02 Insurance — General Provisions Add the following language at the end of Paragraph 6.02 C.: Contractor shall deliver the required certificates of insurance prior to the commencement of any Work at the site. All of the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by Contractor shall be "claims made" and contain the name of the Project. SC-6.03 Contractor's Insurance Delete the following language in Paragraph 6.03 G.: G. Additional insureds: The Contractor's commercial general liability, aotemebile-1iabi4y-, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. Add the following new paragraph immediately after Paragraph 6.03 J.: SUPPLEMENTARY CONDITIONS Engineer Project No. B9033.00 02/03/2020 00800-2 J11 0 m K. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Mft 1. Worker's Compensation, and related coverages under Paragraphs 6.03 A.1. and 6.03 A.2. of the General Conditions: State: Applicable Federal (e.g. Longshoreman's and Harbor Workers' Compensation, Maritime, Jones Act, etc.): Employer's liability: Bodily injury, each accident Bodily injury by disease, each employee Bodily injury/disease aggregate Statutory Statutory $1,000,000 $1,000,000 $1,000,000 2. Contractor's Commercial General Liability under paragraphs 6.03 B. and 6.03 C. of the General Conditions: General Aggregate z�s,UUU,UUU Products and Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence (Bodily Injury and Property Damage) $1,000,000 3. Automobile Liability under paragraph 6.03 D. of the General Conditions: Combined Single Limit of $1,000,000 4. Excess or Umbrella Liability under paragraph 6.03 E. of the General Conditions: Per Occurrence $If applicable General Aggregate $If applicable SC-6.04 Owner's Liability Insurance Delete paragraphs 6.04 A. and 6.04 B. of the General Conditions in their entirety and insert the following in their place: A. This Subsection is not needed. B. This subsection is not needed. SC-6.05 Property Insurance Add the following language at the end of paragraph 6.05 C.: The maximum deductible amount for any insurance required under paragraph 6.05 shall be $5,000.00. SUPPLEMENTARY CONDITIONS Engineer Project No. B9033.00 02/03/2020 00800-3 I SC-6.06 Waiver of Rights Delete paragraphs 6.06 B. and 6.06 C. of the General Conditions in their entirety and insert the following in their place: B. This Subsection is not needed. C. This subsection is not needed. SC-7.01 Supervision and Superintendence Add the following language at the end of paragraph 7.01 B.: The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. SC-7.07 Patent Fees and Royalties Delete paragraph 7.07 B. and insert the following in its place: B. This subsection is not needed. SC-7.08 Permits Add the following language at the end of paragraph 7.08 A.: Contractor shall obtain and directly pay for the applicable project permits: SC-7.18 Indemnification Delete paragraph 7.18 A. and insert the following in its place: A. Contractor shall indemnify and hold harmless Owner and Engineer and their respective officers and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract Documents. Compliance with any insurance requirements required elsewhere in the Contract Documents shall not relieve Contractor of its liability and obligation to hold harmless and indemnify the Village as set forth in this section. It is the specific intent of the parties hereto that the foregoing indemnification complies with section 725.06, Florida Statutes. It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the required "Specific Consideration" therefore. Nothing contained in the Contract Documents shall be construed or interpreted as consent by the Village to be sued, nor shall the Contract Documents be construed as a waiver of sovereign immunity beyond the waiver provided in section 768.28, Fla. Stat., as amended from time to time. SC-10.03 Project Representative Add the following new paragraph immediately after paragraph 10.03 A.: B. On this Project, by agreement with the Owner, Engineer will furnish a Resident Project Representative to represent Engineer at the Site or assist Engineer in observing the progress and quality of the Work. The Engineer's Resident Project Representative's, duties shall be as provided in the Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative as included in the Project Manual (00840). SC-10.04 Rejecting Defective Work SUPPLEMENTARY CONDITIONS Engineer Project No. B9033.00 02/03/2020 00800-4 f Add the following language at the end of paragraph 10.04 A.: A. Engineer also has the authority to disapprove or reject Work which 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. SC-11.04 Change of Contract Price Delete paragraphs 11.04 C.2.c. and 11.04 C.2.e. in their entirety and insert the following in their place: 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 maximum allowable to Contractor on account of overhead and profit of all Subcontractors shall be fifteen percent; 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 ofthe actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to ten percent of such net decrease; and SC-13.03 Unit Price Work Delete paragraph 13.03 E. in its entirety and insert the following in its place: E. Contractor may not make a 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. SC-16.03 Owner May Terminate for Convenience Add the following new paragraph immediately after paragraph 16.03 B.: C. If a court of competent jurisdiction finds that the Owner wrongfully terminated this Contract, then in such event, this Contract shall be deemed terminated for convenience as provided for in this paragraph, and the Contractor shall not be entitled to loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination but may be entitled to all items as authorized herein. SC-18.07 Controlling Law Delete paragraph 18.07 A. in its entirety and insert the following in its place: A. This Contract is to be governed by the laws of the State of Florida. The venue for any and all legal action necessary to enforce the Contract Documents will be in Palm Beach County, Florida. SC-18.08 Public Construction Bond A. In accordance with the provisions of section 255.05, Florida Statutes, the Contractor shall provide to the Village, on forms furnished by Village in the IFB or substantially similar as approved by the Village, a 100% Public Construction Bond (`Bond") in an amount not less than the total Contract Price by a Surety Company acceptable to the Village as explained below. The Public Construction Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Public Construction Bond (with the Village identified as the "Owner"): SUPPLEMENTARY CONDITIONS Engineer Project No. B9033.00 02/03/2020 00800-5 "The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact -related damages. Surety shall be bound by the warranty or warranties contained in the contract documents and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." B. To be acceptable to the Village as the Owner, a Surety Company shall comply with the following provisions: (1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The Surety Company shall have currently valid Certificate of Authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. (3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The Surety Company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to Proposal is issued. (5) The Surety Company shall have at least the ratings of A -/Class V in the latest issue of Best's Key Rating Guide. (6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: (a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization or approval by the State of Florida, Department of Insurance to do business in this state have been met. (b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. C. The cost of the Public Construction Bond shall be a direct pass through cost to the Village from the Contractor without any mark-up. D. Prior to commencing any work, the Contractor shall have the fully executed Public Construction Bond recorded in the Official Records in and for Palm Beach County, Florida, and shall provide a copy of the Bond with the recording information to the Village. PART 2 - ADDITIONAL SUPPLEMENTARY CONDITIONS 1. ATTACHMENTS: SUPPLEMENTARY CONDITIONS Engineer Project No. 139033.00 02/03/2020 00800-6 i i� The following forms included i the Project o eaccepts ther form): used by Contractor for submittals required by the Contract Documents a. Construction Performance Bond (00610). b. Construction Payment Bond (00620). c. Notice of Compliance with Chapter 556, Florida Statutes (00630). d. Contractor's Affidavit to Owner (00670). e. Form of Application for Payment (00680). 02/03/2020 END OF SECTION SUPPLEMENTARY CONDTTIONS Engineer Project No. B9033.00 00800-7 0 00840 LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER may furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the Work of the Contractor. RPR may only be part time on site, and CONTRACTOR shall coordinate with RPR as required in the Contract Documents. Through on -site observations of the Work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction, Contract Documents, and are further limited and described as follows: A. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. DUTIES AND RESPONSIBILITIES OF RPR 1. SCHEDULES: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. CONFERENCES AND MEETINGS: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. LIAISON: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. SHOP DRAWINGS AND SAMPLES: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR and notify ENGINEER of availability of samples for examination. RESIDENT PROJECT REPRESENTATIVE Engineer Project No. B9033.00 02/03/2020 00840-1 c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. REVIEW OF WORK, REJECTION OF DEFECTIVE WORK, INSPECTIONS AND TESTS: 1i a. Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. INTERPRETATION OF CONTRACT DOCUMENTS: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. MODIFICATIONS: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. RECORDS: a. Maintain at the job site or ENGINEER's office files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. REPORTS: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident witnessed by RPR or that was otherwise made known to RPR. 10. PAYMENT REQUESTS: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to RESIDENT PROJECT REPRESENTATIVE Engineer Project No. B9033.00 02/03/2020 00840-2 ,t Ll ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. CERTIFICATES, MAINTENANCE AND OPERATION MANUALS: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. COMPLETION: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. LINIITATIONS OF AUTHORITY Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEERS authority as set forth in the Contract Documents or ENGINEER's agreement with OWNER. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTORS superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. END OF SECTION RESIDENT PROJECT REPRESENTATIVE Engineer Project No. B9033.00 02/03/2020 00840-3 4 Cc 00860 LIST OF DRAWINGS The Drawings which form a part of the Contract Documents and show the Work to be performed are as follows: Drawing No. of Drawing Title Number Sheets Dated Pinetree Drive 40-42-25-13 10 February 2020 Drainage Improvements Construction Drawings LIST OF DRAWINGS 00860-1 02/03/2020 Engineer Project No B9033.00 Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Pinetree Drive and Tequesta Bridge Drainage Improvements ITB # UTIL 01-20 Addendum No. 1 July 13, 2020 ITB DUE: 2:00 PM, Local Time, July 30, 2020 TO ALL VENDORS PROVIDING QUOTES FOR THIS ITB: The changes, additions, substitutions, and/or deletions contained in Addendum No. 1 are hereby made a part of the Invitation to Bid Documents for the Pinetree Drive and Tequesta Bridge Drainage Improvements solicitation, fully and completely as if the same were fully set forth herein. 1. NOTICE OF SOLICITATION DELETE: Fourth paragraph REPLACE WITH: "The Village will hold a non -mandatory Pre -Bid Conference for this solicitation. The Pre -Bid Conference will be held remotely on July 14, 2020 at 2:00 PM using the following login information: Join Zoom Meeting httDS://us02web.zoom.us/i/85694889738?Dwd=TG45MWtXaGIxZ3ZIZ1Fr)UGM1QINzZzO 9 Meeting ID: 856 9488 9738 Password: 932370 One tap mobile +13017158592„85694889738# US (Germantown) +13126266799„85694889738# US (Chicago) Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen Dial by your location +1 301 715 8592 US (Germantown) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) Meeting ID: 856 9488 9738 Find your local number: https://us02web.zoom.us/u/kddzE6g7A" 2. SECTION 00300 — BID FORM ADD: Add Village Clerk's Office ADA Compliancy Statement included as Attachment 1 ATTACHMENTS ATTACHMENT 1 Village Clerk's Office ADA Compliancy Statement END OF ADDENDUM ATTACHMENT 1 Village Clerk's Office ADA Compliancy Statement A A I A 1 i� 4� R REQUEST FOR PROPOSAL UTIL 01-20 RFP EXHIBIT " " Village Clerk's Office ADA Compliancy Statement The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at the Web Content Accessibility Guidelines page. Required Confirmation: I, have read the above compliancy statement and confirm the agreement, bid documents and specifications, including files, images, graphics, text, audio, video, and multimedia, contained within this bid packet are accessible to individuals with disabilities and conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0. Representative Signature Date: n I I' Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Pinetree Drive and Tequesta Bridge Drainage Improvements ITB # UTIL 01-20 Addendum No. 2 July 17, 2020 ITB DUE: 2:00 PM, Local Time, July 30, 2020 TO ALL VENDORS PROVIDING QUOTES FOR THIS ITB: The changes, additions, substitutions, and/or deletions contained in Addendum No. 2 are hereby made a part of the Invitation to Bid Documents for the Pinetree Drive and Tequesta Bridge Drainage Improvements solicitation, fully and completely as if the same were fully set forth herein. 1. SHEET C1-3 Delete in its entirety Replace with: Revised Sheet C1-3 — Signing and Striping included as Attachment 2 ATTACHMENTS ATTACHMENT 1 Responses to Bidders Questions ATTACHMENT 2 Pre -bid Meeting Minutes ATTACHMENT 3 Revised Sheet C1-3 — Signing and Striping END OF ADDENDUM Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS RESPONSES TO BIDDER QUESTIONS Question 1: When is the last day to submit questions? Response 1: Pre -bid questions must be submitted to the Village Clerk by July 24, 2020 at 5:00. Question 2: What is the Engineers Opinion of Probable Construction Cost? Response 2: $160,000. ail A A A I I � I � I I I I I I I i I ATTACHMENT 2 PRE -BID MEETING MINUTES PRE -BID MEETING MINUTES A non -mandatory pre -bid meeting was held via Zoom (Video Conferencing) on July 14, 2020 at 2:00 p.m. for the Pinetree Drive and Tequesta Bridge Drainage Improvements, ITB No. UTIL 01- 20 project. The following is a summary of the agenda and items discussed during the pre -bid meeting. 1. Introduction —The following attendees —email address, were identified: • Matthew Hammond - mhammond@tequesta.org • John Cairnes - john.cairnes@mockroos.com • Jesus Garza Jr - jgarzajr@almazanconstruction.com • Job Ireland - jireland@ferreiraconstruction.com • Buck Flowers - rflowers@cwrcontracting.com 1 • Ron (DS Eakins) -(Audio not available) r` 2. Schedule • Bid Advertisement: Friday, July 3, 2020 • Non -Mandatory Pre -Bid Meeting: Tuesday, July 14, 2020, 2:00 p.m. • Site Access Available to Contractors: Open access • All inquiries, clarifications and/or corrections due: Friday, July 24, 2020, 5:00 p.m. • Deadline for response submittal to the Village: Thursday, July 30, 2020 2:00 p.m. • Anticipated Notice of Intent to Award: August 2020 3. Point of Contact for Questions • Submit all questions in writing via email to Lori McWilliams, Imcwilliams@tequesta.org 4. Project Background • The project is located in the Village of Tequesta at the intersection of Tequesta Drive and Pinetree Drive and at the north east corner of the Tequesta Bridge as shown on the drawings. • There is localized ponding at the intersection of Pinetree Drive and Tequesta Drive. r At this location the project generally includes demolition, saw cutting and removal of existing asphalt, base and sidewalk for the installation of new curb, sidewalk, a drainage inlet, pipe, connection to existing storm structure, roadway widening, base installation, paving, and striping. The existing 8" AC watermain located within the project limits will also be abandoned in place and a new 8" DIP WM will be installed and connected to the existing AC watermain. • There is existing bank erosion at the north east corner of the Tequesta Bridge. The project generally includes maintenance of the existing revetment by supplementing it with additional revetment, bedding stone and filter fabric. G I S. Scope of Work Village of Tequesta (Owner) is soliciting bids from responsible and experienced contractors for drainage and roadway improvements at the intersection of Pinetree Drive and Tequesta Drive and drainage improvements at the northeast portion of .. Tequesta Bridge. The work is shown in the construction drawings titled "PINETREE DRIVE AND TEQUESTA BRIDGE DRAINAGE IMPROVEMENTS", Mock•Roos Dwg No. 40-42-25-13, dated January 2020 �- The project components generally include mobilization, general conditions, bonds, insurance, layout, survey, record drawings, preconstruction video recording, permit compliance, maintenance of traffic and pedestrian access around the sites, testing, clearing, pavement and base installation, curb installation, signage, grading, rock rip rap installation, FPL and utility coordination, landscaping, trees, bushes, and sod restoration The Contractor shall furnish all labor, materials, tools, equipment, dewatering, permitting, inspection, water, light, power, transportation, superintendence, temporary construction of every nature, temporary sequencing of equipment, offsite staging, and all other services and facilities of every nature whatsoever necessary to demolish/remove, clear, modify, construct, complete, deliver, start-up, test, and place in operation the subject project as described in the technical specifications and drawings provided. The Contractor will be required to completely restore all disturbed areas as a result of the construction work 6. Special Requirements • Instructions to Bidders - Paragraph 32 Florida Public Records Act and Contractor Content Ownership - Submittal shall comply to ADA requirements • Agreement - Paragraph 9.20 ADA Accessibility - Contract shall comply with ADA requirements • Access to the Carriage House Condo shall be provided at all times. A temporary drive may be constructed at the west end of the southern parking lot to connect the parking lot to Pinetree Drive during construction. The existing guy wire shall be protected • Tequesta Drive lane closures will be allowed Monday through Friday 8:00 am to 4:30 -- p.m. with appropriate MOT and flaggers in place 7. Contract Time • Anticipated Notice to Proceed: TBD • Substantial completion by: 90 days — • Final Payment by: 120 days • Liquidated Damages: $1,000/day after substantial completion and $1,000/day after final completion A I A A I I A A A 1 I� R ATTACHMENT 3 REVISED SHEET C1-3 - SIGNING AND STRIPING A u u T u u u U u u U u u u u J! ••iAdZ qq 4 � 8 C 6 r U SU S W U O Z K m N N N W ilia! �-" 1O - HZ LL IM HIM 01 N i' W d+ O W O I ®�j } a Z u PINETTAEER.'VC U y� n a gully I ww �4 S �N - mww c i i a �ZZ p UY y2y 2U G ¢� II Or �� bbbbb Zvi � R w�°ffib Y244m F=q NK ZJ Tiw Z �=rc a6 w ppggppyy � O < � a IBM Fz 'a �� c z Tj u u u u HT u u u u u u u u u u u m Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org Pinetree Drive and Tequesta Bridge Drainage Improvements ITB # UTI L 01-20 Addendum No. 3 July 27, 2020 ITB DUE: 2:00 PM, Local Time, July 30, 2020 TO ALL VENDORS PROVIDING QUOTES FOR THIS ITB: The changes, additions, substitutions, and/or deletions contained in Addendum No. 3 are hereby made a part of the Invitation to Bid Documents for the Pinetree Drive and Tequesta Bridge Drainage Improvements solicitation, fully and completely as if the same were fully set forth herein. Due to the COVID-19 pandemic the bid opening will be held via a public Zoom meeting at the advertised date and time. The login information to access the virtual bid opening is: Join Zoom Meeting https://us02web.zoom.us/j/85634214728?pwd=0DYxYU9HalJxTGZrb2FzVnBWaU9JQT09 Meeting ID: 856 34214728 Passcode: 584757 One tap mobile +13126266799„85634214728# US (Chicago) +16465588656„85634214728# US (New York) Dial by your location r' +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 301 715 8592 US (Germantown) r +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Bruce Prince Village Manager Jeremy Allen n +1 253 215 8782 US (Tacoma) Meeting ID: 856 3421 4728 Find your local number: https://us02web.zoom.us/u/kbE3eMtm5c Sealed bid packages are to be delivered to the Village Clerk's Office or Utilities Customer Service desk prior to the deadline for submissions. ATTACHMENTS ATTACHMENT 1 Responses to Bidders Questions END OF ADDENDUM ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS RESPONSES TO BIDDER QUESTIONS Question 1: Is there an anticipated start date? Response 1: The Notice to Proceed is anticipated shortly after award by the Village Council. Question 2: What is the Engineers Opinion of Probable Construction Cost? Response 2: See Addendum No. 2. Question 3: 1 have a question about our access to the drainage area to place the riprap. I -- noticed there isn't easy access to that area. Are we responsible for clearing a path to be able to get back to where we need to place the riprap? Also, there is an existing fence there. Are we responsible for that fence? Response 3: Any trimming to access the bank for installation of the riprap is the responsibility of the Contractor. The existing fence and landscaping shall be — protected and/or replaced by the Contractor. All disturbed areas shall be restored to like or better condition by the Contractor as a part of the project. Technical Specifications Pinetree Drive and Tequesta Bridge Drainage Improvements Prepared for Village of Tequesta May 2020 BID SUBMITTAL MOCK ROOS CONSULTING ENGINEERS I SPECIFICATIONS TABLE OF CONTENTS SECTION NO. OF NUMBER TITLE PAGES DIVISION 1- GENERAL REQUIREMENTS ^ 01000 ................................................................................. GENERAL REQUIREMENTS 6 01027 MEASUREMENT AND PAYMENT......................................................................... 2 01720 RECORD DOCUMENTS....................................................................................... 4 DIVISION 2 - SITE WORK 02108 VIDEO-RECORDING............................................................................................. 2 ^ 02110 SITE CLEARING.................................................................................................... 2 02210 GRADING........................................................................................................... 2 02220 EXCAVATING, BACKFILLING, AND COMPACTING ................................................ 4 02230 ROCK BASE COURSE........................................................................................... 2 ^ 02233 ASPHALT BASE COURSE...................................................................................... 2 02271 GEOTEXTILE FABRIC............................................................................................ 2 02274 RIP-RAP.............................................................................................................. 3 .. 02523 SIDEWALKS, DRIVEWAYS AND CURBS.......................................................................... 3 02580 PAVEMENT MARKING......................................................................................... 2 02613 DUCTILE -IRON PIPE............................................................................................. 4 02615 WATER DISTRIBUTION SYSTEM........................................................................... 4 ^ 02675 DISINFECTING WATER MAINS............................................................................. 2 02700 HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE ...................................... 4 02938 SODDING........................................................................................................... 2 APPENDICES APPENDIX A SURVEY (2017) APPENDIX B RECORD DRAWINGS (Partial Provided by Village) APPENDIX C PALM BEACH COUNTY HEALTH DEPARTMENT PERMIT (138296-045-DSGP) rl 5/7/2020 9:58 AM C l— 1 F:\tequ\tequptdr\ENG-DES\SPECS\00000_B_SPECIFICATIONS-TOC.dpcz PA#B9033.00 I I I I I I I I I I I I rl I I SECTION 01000 GENERAL REQUIREMENTS 1.0 PROJECT LOCATION A. The project is located in the Village of Tequesta, Florida as shown in the Mock•Roos drawings titled "PINETREE DRIVE AND TEQUESTA BRIDGE DRAINAGE IMPROVEMENTS", Mock•Roos Dwg No. 40-42-25-13, dated January 2020. 2.0 SCOPE OF WORK -� A. Village of Tequesta (Owner) is soliciting bids from responsible and experienced contractors for drainage, watermain, and roadway improvements at the intersection of Pinetree Drive and Tequesta Drive and drainage improvements at the northeast portion of Tequesta Bridge. The work is shown in the construction drawings titled "PINETREE DRIVE AND TEQUESTA BRIDGE DRAINAGE IMPROVEMENTS", Mock -Roos Dwg No. 40-42-25-13, dated January 2020. B. The project components generally include mobilization, general conditions, bonds, insurance, layout, survey, record drawings, preconstruction video recording, permit compliance, maintenance of traffic and pedestrian access around the sites, testing, clearing, pavement and base installation, curb installation, signage, grading, rock rip rap installation, FPL and utility coordination, landscaping, trees, bushes, and sod restoration. C. The Contractor shall furnish all labor, materials, tools, equipment, dewatering, permitting, inspection, water, light, power, transportation, superintendence, temporary construction of every nature, temporary sequencing of equipment, offsite staging, and all other services and facilities of every nature whatsoever necessary to demolish/remove, clear, modify, construct, complete, deliver, start-up, test, and place in operation the subject project as described in the technical specifications and drawings provided. The Contractor will be required to completely restore all disturbed areas as a result of the construction work. 3.0 REFERENCE POINTS A. Horizontal and vertical control have been provided in the Drawings. All construction staking to be provided by the Contractor. 4.0 GRADES, DIMENSIONS, AND ELEVATIONS A. Written dimensions have preference over scaled dimensions. All elevations are based on the 1988 North American Vertical Datum (NAVD 88). 5.0 EXISTING STRUCTURES AND UTILITIES A. All known utilities have been shown on the Drawings according to the best information available. It is the Contractor's responsibility to contact all owners of structures or utilities above ground, on the surface, or below the ground, within the Project area so that said owners may stake or otherwise mark or protect their facilities. The Contractor must provide facilities and be responsible for the protection of all structures, buildings and utilities, underground, on r the surface, or above ground against trenching, dewatering, or any other activity connected with the Work throughout the entire Contract Time. B. When structures and utilities have been properly shown or marked and are disturbed or damaged in the execution of the Work, they must be repaired immediately in conformance with best standard practice and the approval of the owner of the damaged utility or structure. In the case of structures and utilities which have not been properly shown or located and are disturbed 5/15/2020 11:50 AM 01000-1 F:\tequ\tequptdr\ENG-DES\SPECS\01000-72210.docx PA#B9033.00 or damaged in the prosecution of the Work, take whatever steps are necessary for safety and notify the affected utility owner and avoid any actions which might cause further damage to the structure or utility. C. Should the Work require repairs, changes or modifications of the Owner's utilities as well as other utilities, it is the responsibility of the Contractor to provide for the maintenance of continuous water, sewage, electric, telephone and other utility services to all present customers of such utilities, unless approval in writing is secured from the applicable utility company or Owner for interruption of such service. D. Contractor is responsible for verifying all vertical and horizontal locations of all existing utilities and structures, whether shown on the drawings or not, to verify any potential conflicts prior to ordering any materials. 6.0 FAMILIARITY WITH LAWS AND REGULATIONS A. The Contractor shall be familiar and comply with, as well as exercise reasonable care to see that, _ all Federal, State, County, and Municipal laws and ordinances are observed, by the Contractor's direct or indirect employees, agents, subcontractors, suppliers and material men. 7.0 QUALITY CONTROL A. Testing Laboratory Services: All tests and analyses and inspections, which are required in the Specifications and/or Drawings, are to be performed by a qualified independent testing laboratory and shall be at the Contractor's expense. To qualify for acceptance, the Contractor shall demonstrate to the _ Engineer, based on evaluation of laboratory -submitted criteria conforming to ASTM E 699, that the independent testing laboratory has the experience and capability to conduct the required tests, analyses and inspections without delaying the progress of the Work. All tests, analyses and inspections performed by the independent testing laboratory shall be conducted under direct charge of a Registered Professional Engineer in the State of Florida. The Contractor shall be responsible for scheduling the independent testing laboratory's visit and for the coordination of the testing with the independent testing laboratory and Engineer. B. Field Observations: Provide twenty-four (24) hour notification to the Engineer for all specified field observations, unless otherwise noted. 8.0 MOBILIZATION A. Consists of the preparatory Work and operations in mobilizing for beginning Work on the Project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the Project site, and for the establishment of temporary offices, buildings, safety equipment and first aid supplies, sanitary and other " facilities, as required by these Specifications, and State and local laws and regulations. The costs of bonds, insurance and any other pre -construction expenses necessary for the start of the Work, excluding the cost of construction materials, is to be included in Mobilization. B. When the Bid Form includes a separate pay item for Mobilization, partial payments will be made in accordance with the following: .- 5/15/2020 11:50 AM 01000-2 FAtequ\tequptdr\ENG-DES\SPECS\01000-72210.docx PA#B9033.00 .mo ..y -1� ^ Allowable Percent -- Percent of Contract Price of the Lump Sum Less Mobilization Earned Price of Mobilization 5 25 10 50 25 75 50 100 The standard retainage will be applied to these payments. Previous payments for Mobilization and unpaid amounts on Allowances will not be considered in calculating the percent of the Contract Price earned. Payments will be made in stepped increments as shown and will not be interpolated between steps. C. When the Bid Form does not include a separate item for Mobilization, all Work and incidental costs specified as being covered under Mobilization is to be included for payment under the several scheduled items on the Bid Form, and no separate payment will be made therefor. 9.0 MAINTENANCE OF TRAFFIC A. In the Contractor's use of streets and highways for the Work to be done under these Specifications, conform to all Municipal, County, State and Federal laws and regulations as applicable. Provide, erect and maintain effective barricades, warning lights, and signs on all -- intercepted streets or highways for protection of the Work and safety of the public. All barricades or obstructions which encroach on or are adjacent to the public rights of way should be provided with lights which are illuminated at all times between sunset and sunrise. B. Contractor shall schedule Work to cause minimum disturbance of normal pedestrian and vehicular traffic and be responsible for providing suitable means of access to all public and private properties during all stages of the construction. Other than for an emergency safety condition, the Contractor must contact the Owner and Engineer for approval prior to completely blocking off any street to vehicular traffic during construction. Contractor shall provide written notification to emergency, police, fire and other appropriate agencies at least 24 hours in advance of new work or changed work. rC. Maintain traffic in accordance with Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 2007 Edition, except as follows: ' 1. Contractor is responsible for preparing a Maintenance of Traffic plan. Submit plan for Owner or roadway authority (City, County, D.O.T.) review. ' The Maintenance of Traffic plan must be prepared by a person who is certified by an FDOT certified school or an engineer licensed in the State of Florida. 2. When the Bid Form does not include a separate item for Maintenance of Traffic, the costs are to be included for payment under the several scheduled items on the Bid Form, and no separate payment will be made. 10.0 PLACING EQUIPMENT INTO SERVICE A. Do not operate or place into service or energize, electrical and mechanical equipment until approved by the Owner and Engineer. Such approval may be granted only after all interested parties have been duly notified, have given approval for placing the equipment into service, and all interested parties are present or waived their right to be present. Contractor shall provide, in writing, seventy-two (72) hour notification for all item and equipment start-ups. 5/15/2020 11:50 AM 01000-3 F:\tequ\tequptdr\ENG-DES\SPECS\O 1000-72210.docx PA#B9033.00 11.0 SALVAGEABLE MATERIAL A. All salvageable material and/or equipment removed as a part of the Work for which specific use, relocation or other disposal is not specifically noted on the Drawings or otherwise specified, must be disposed of by the Contractor. All material and/or equipment not in salvageable condition as determined by the Engineer, must be disposed of by the Contractor. The actual storage site for salvageable material will be designated by the Owner. 12.0 BORING LOGS, OTHER REPORTS AND DRAWINGS UTILIZED BY ENGINEER A. Boring Logs, other reports and Drawings utilized by Engineer, if attached at the end of these Specifications, are provided for Contractor's and are not a part of the Contract Documents. There is no technical data in the Boring Logs, other reports or Drawings that should be relied on by the Contractor. There also were no other reports or drawings utilized by Engineer in preparation of the Contract Documents that contained data that could be relied on by the Contractor. 13.0 DISPOSAL OF EXCAVATED MATERIALS AND DEBRIS A. All excess excavated material and debris not required for backfill (unless otherwise noted), broken pipe, sidewalks, curbs and other concrete items, together with all roots, boards and other debris are to be disposed of by the Contractor at an appropriate legal site. 14.0 TEMPORARY CONTROLS AND FACILITIES A. The Contractor is responsible for compliance with all NPDES regulations including submitting a Pollution Prevention Plan, submitting a Notice of Intent, conducting maintenance and inspection of controls, erosion and sediment controls and submitting a Notice of Termination. B. As part of the Work, the Contractor shall be responsible for applying for, obtaining and complying with all required dewatering permits. Contractor shall notify South Florida Water Management District (SFWMD) prior to all dewatering activities. All dewatering shall meet SFWMD requirements. C. Contractor shall install all turbidity control devices required, if necessary. Contractor shall notify permitting agencies for inspection of turbidity control devices prior to any construction activities. 15.0 HOURS FOR CONSTRUCTION WORK, OPERATION OF CERTAIN EQUIPMENT A. Contractor is obligated to be familiar and comply with all Owner ordinances and regulations pertaining to construction operations. B. Contractor shall comply with the Local Code and Ordinances which regulate noise, equipment operation, and work hours. Work may commence at 7:00 AM and cease at 5:00 PM. Weekend work may commence with prior written authorization. 16.0 CONSTRUCTION SCHEDULE MEETINGS A. Contractor shall submit a construction schedule in accordance with the General Conditions. Contractor's Project Manager and a representative of subcontractors performing work at the time of the meeting shall attend a coordination/progress meeting a minimum of once a month, as designated by the Owner, at the Owner's office during the progress of the Work. Contractor shall submit an updated construction schedule to the Engineer at each coordination/progress meeting and with each pay application. 5/15/2020 11:50 AM 01000-4 F:\tequ\tequptdr\ENG-DES\SPECS\01000-72210.docx PA#B9033.00 17.0 MISCELLANEOUS A. All bolts, nuts, washers, etc. and miscellaneous hardware shall be 316 stainless steel, unless otherwise indicated. 18.0 CONTRACTOR'S SUBMITTALS A. Contractor shall be required to submit, with a letter of transmittal to the Engineer, a minimum of ten (10) physical copies or one (1) electronic copy of each checked and approved shop drawing, mix report, laboratory results, etc., where required in the specifications, Drawings or as appropriate, or as specified elsewhere in these Specifications. Of the ten copies submitted, two copies will be returned to the Contractor for the Contractor's use. If the Contractor requires any additional approved copies, the Contractor shall submit additional copies at the time of initial submission. Allow a minimum of two weeks from date of receipt for review by the Engineer. Review of shop drawings will be general and will not relieve the Contractor from any responsibility. 19.0 CONSTRUCTION SEQUENCE Access to the Carriage House Condo and Pinetree Drive shall be provided at all times. A temporary drive may be constructed at the west end of the southern parking lot to connect the parking lot to Pine Tree Drive during construction. The existing guy wire shall be protected. -- Contractor shall prepare and submit a Construction Sequence Plan that discusses the relocation, demolish, and construction of facilities in order to maintain traffic flow and access to the Carriage House Condo during all phase of construction. The Plan shall be submitted to Engineer and owner for review. The Plan should identify critical path items, delivery times for long lead items, installation timeframes for construction. 20.0 PROTECTION AND RESTORATION OF SURVEY MONUMENTS A. The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, % section corners, property corners or block control points, and for maintaining all horizontal and vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed under the supervision of a Florida Registered Land Surveyor. Survey points that will be destroyed during construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the ENGINEER. 21.0 INDEMNIFICATION: A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, ►� attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. f B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, + officers, directors, partners, or employees by any employee (or the survivor or personal w representative of such employee) of Contractor, any Subcontractor, any Supplier, or any F ` 5/15/2020 11:50 AM 01000-5 + FAtequ\tequptdr\ENG-DES\SPECS\01000-72210.docx PA#B9033.00 r" 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 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 A shall not extend to the liability of Engineer and Engineer's officers, directors', partners, employees, agents, consultants and subcontractors arising out of: a. The preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 22.0 CONTRACTORS LIABILITY INSURANCE A. Contractor shall meet all contract insurance requirements providing coverage for not less than the amount specified in the contract or greater where required by Laws and Regulations including but not limited to providing Comprehensive General Liability Insurance, Umbrella or Excess Liability Insurance, and Contractual Liability Insurance. �. Prior to beginning work, Contractor shall provide Owner and Engineer with its certificates of Insurance and endorsements naming Owner and Engineer as additional insureds. END OF SECTION 5/15/2020 11:50 AM 01000-6 F:\tequ\tequptdr\ENG-DES\SPECS\O 1000-72210.docx PA#B9033.00 ..r SECTION 01027 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. General explanation of Measurement and Payment for the bid form lump sum items. 1.02 GENERAL LIMITATIONS -- A. This specification is provided for general information and guidance. Contractor shall include each work item in the appropriate bid items on the bid form. The omission of reference to any item in this description shall not, however, alter the intent of the bid form or relieve the Contractor of the necessity of furnishing and installing all aspects necessary to complete the Work as part of the Contract. 1.03 PAYMENT A. Work for each bid item on the bid form shall include full compensation for, but not limited to, the furnishing of all required labor, materials, products, tools, equipment, transportation, services and incidentals, cleanup, erection and all other appurtenances ^ to complete construction and installation of the Work to the configuration and extent as shown on the Drawings and described in the Specifications as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). Such compensation shall also include payment for any loss or damages arising directly or indirectly from the Work. B. It is intended that all overhead, profit, insurance, bonds, license and other miscellaneous administrative costs, and all other costs to the Contractor not specifically identified in the following item descriptions be distributed among and included in the bid items stated in the bid form. No additional payment shall be made for transportation, communication, office maintenance, project signs and other incidental work or services, and no further payment shall be made for remobilization unless all of the work is suspended by the Engineer for a period in excess of three months and through no fault of the Contractor. 1.04 SCHEDULE OF PAYMENT VALUE A. The Contractor shall submit a Schedule of Payment Values for review within 10 calendar days upon receipt of purchase order and executed contract. The schedule shall contain the installed value of the component parts of Work for the purpose of making progress payments during the construction period and shall be consistent with the Bid Form. B. The schedule shall be given in sufficient detail for proper identification of Work accomplished. The Schedule of Payment Values shall directly correlate to each activity outlined in the construction progress schedule and the construction network analysis to accurately relate construction progress to the requested payment. Each item shall include its proportional share of all costs including the Contractor's overhead, contingencies and profit. The sum of all scheduled items shall equal the total value of the Contract. 5/15/2020 12:02 PM 01027-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\01027-070907.docx C. If the Contractor anticipates the need for payment for materials stored on the project site or off -site in bonded warehouse, it shall also submit a separate list covering the cost of materials, delivered and unloaded with taxes paid. This list shall also include the installed value of the item with coded reference to the Work items in the Schedule of -- Payment Values. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END SECTION 5/15/2020 12:02 PM 01027-2 PA#B9033.00 •� F:\tequ\tequptdr\ENG-DES\SPECS\0102 7-070907. do cx SECTION 01720 RECORD DOCUMENTS PART GENERAL 1.01 SECTION INCLUDES A. On site maintenance of Record Documents. B. Required record information. �- 1.02 MAINTENANCE A. Maintain on site, one set of the following Record Documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Shop Drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. D. In the interest of timely detection of non -conforming Work, all Record Drawing information must be furnished to the Engineer prior to submitting for payment of that particular item. No progress payment application requests will be approved by the Engineer without satisfactory .. record drawings for the particular item(s). E. Under no circumstances will roadway paving Work be allowed to start until the Engineer has reviewed the Record Drawing information for Work constructed within the roadway area that will be paved. F. All Record Drawing information such as elevations, distances, location of underground utilities, lake cross -sections, and road cross -sections must be obtained by a Professional Surveyor and Mapper, who is licensed in the State of Florida. The Surveyor will be retained by the Contractor. Information must be signed and sealed. �. G. Record Documents must be available to Engineer for examination at any time during the progress of the Work. H. Submit completed Record Documents upon completion of the Work and prior to application for final payment. I. Show record information in bold or boxed out to stand out from rest of Drawing. J. Record actual revision dates of the Work. 1.03 REQUIRED RECORD DRAWING INFORMATION A. All elevations and horizontal locations shown on the Drawings must be verified. Verification or deviation must be clearly indicated on the Drawings. 5/15/2020 11:51 AM 01720-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\01720-090915.docx r_� B. Drainage 1. Flow line elevation of pipe at headwalls, outfalls and structures. 2. Top elevation of headwalls, structures, and concrete caps. 3. Drainage Control Structures, Baffles, and Weirs. Obtain horizontal dimensions and vertical elevations. 4. Horizontal locations of headwalls, structures, and concrete caps. 5. Location of utilities and miscellaneous structures encountered which are different from or not shown on the Drawings. C. Lakes, Canals, and Pump Station Intake Channels 1. Cross section at each design cross section shown on the Drawings and at a minimum 150- foot intervals. Obtain elevations at all grade breaks and across bottom from right-of-way to right-of-way. 2. Determine side slopes. 3. Locate top of bank and the edge of water at the control elevation and plot location on a drawing at the same scale as the construction drawings. Show right-of-way lines. 4. Profile at Design Canal Profile. Obtain elevations a 5-foot intervals. D. Roadways 1. Cross-section elevations at the profile grade line (centerline or edge of median) and at the edge of pavement at the following frequencies: a. Major Roads (collector or higher): At high and low points of the profile grade and at even 100 foot stations in-between. b. Local Roads: At high and low points of the profile grade. 2. Location of utilities and miscellaneous structures encountered which are different from or not shown on the Drawings. 3. Spot elevations in parking lots and access roads. 4. Profile at design canal profile. Obtain elevations at 5-foot intervals. E. Wastewater/Reclaimed Water 1. Invert elevations in manholes and at end of stubouts. 2. Distance between manholes. 3. Top of manhole elevations. 4. Location of manholes, based on stationing system on Drawings. 5. Calculate slope of gravity mains. 6. Locate end of stubouts and services by stationing and offsetting from the gravity main and downstream manholes. 7. Length of stubouts. 8. Elevations of the top slab, wet well invert, influent pipe inverts, and driveway for lift stations. 9. Details of any design changes. 10. Location of utilities and miscellaneous structures encountered which are different from or not shown on the Drawings. 11. Top of force main elevations and finished grade at 100 foot intervals and at high and low points. 12. Locate force main fittings, valves, air release structures, etc. by stationing and offsetting from gravity wastewater manholes. If manholes are not located nearby, use reference points shown on the Drawings. 13. Elevation and clearances when wastewater mains cross either water mains or drainage pipe. 14. Changes in pipe material. 5/15/2020 11:51 AM 01720-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\01720-090915.docx rr ., -, 15. Bottom of wastewater service pipe elevation and top of drainage pipe elevation at all -- crossings. 16. Top of wastewater service pipe elevation and bottom of watermain elevation at all crossings. 17. Lift station electrical controls and FPL service to control panel. F. Water 1. Top of pipe elevations at 100 foot intervals. 2. Distance from the reference points shown on the Drawings. 3. Horizontal location at 100 foot intervals. 4. Location of water services, valves, fittings, hydrants, blowoff points, etc. by stationing and -� offsetting from wastewater manholes. If wastewater manholes are not located nearby, use reference points shown on the Drawings. 5. Details of any design changes. 6. Location of utilities and miscellaneous structures encountered which are different from or not shown on the Drawings. 7. Elevations and clearances when water mains cross either wastewater or drainage pipe. 8. Changes in pipe material. G. Conduit Sleeves 1. Horizontal location and size of conduit. H. Structural 1. Obtain horizontal and vertical locations and elevations for all structural components, including but not limited to, intake structure including piles and cap, slabs, building and building features, grating, trash rack, weir crest, trunnion pivots, trunnion mounts, top of gate, etc. I. General Site 1. Spot elevations shall be taken at a reasonable grid interval for finished grade verification. Obtain spot elevations at all grade or contours (as shown on the Drawings), grade breaks, property lines, and limits of construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONTRACTOR'S SURVEYOR RESPONSIBILITIES A. Engineer will provide the Contractor with electronic files of the construction drawings at the pre -construction conference. One copy of the electronic files will be provided on CD/DVD media in Autodesk Civil 3D 2020 format. No warranty of the usability of the electronic files provided is expressed or implied. The cost of any required conversion or duplication of the electronic files from the format specified herein shall be the responsibility of the Contractor. B. The Owner and Engineer will advise the Contractor at the pre -construction conference of the acceptable method and file format by which the interim and final Record Drawing information will be provided to the Owner and/or Engineer. 5/15/2020 11:51 AM 01720-3 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\O 1720-090915. docx C. Record Drawing information shall be prepared electronically. The Record Drawing information shall be placed on a separate layer so that it is isolated from all other layers in the drawing file. This layer must be prepared in such a manner that it can be exported as a separate AutoCAD file ... and subsequently inserted into an AutoCAD drawing containing the approved design information. The AutoCAD file shall be accompanied by an Adobe Acrobat portable document format (pdf) file of the Record Drawings. D. Place information in the Drawings in a manner that indicates which elevations and dimensions have been checked. This is to be done by crossing through the design elevation or dimension and placing the Record information next to it. If an elevation or dimension has not changed, the same procedures should be followed to confirm that it has been checked. Add new information in a manner to indicate that it is Record information and not design information. E. Each Record Drawing sheet must include the surveyor's name, company, address, license number, and date of field survey. F. Signed and sealed Record Drawings shall be submitted with all pay applications and at the conclusion of the Project. 3.02 CONTRACTOR RESPONSIBILITIES A. Record document information not required to be obtained by a Professional Surveyor and Mapper must be obtained by the Contractor. B. Mark Record information on one clean set of prints of the Contract Documents. C. Each Drawing must be stamped indicating that the information has been reviewed by the Contractor. D. Contractor's Surveyor will transfer Contractor supplied information to the record drawing. E. For pipes and conduits installed by Horizontal Directional Drilling (Section 02156), the Contractor shall furnish drilling logs and drilling profiles to the Engineer and to his Professional Surveyor and Mapper. The Record Information shall be added to the original drawings in Autodesk Civil 31) 2020 format. END OF SECTION 5/15/2020 11:51 AM 01720-4 PA#B9033.00 +— F:\tequ\tequptdr\ENG-DES\SPEC S\01720-090915. docx SECTION 02108 VIDEO -RECORDING PART 1 GENERAL 1.01 SECTION INCLUDES A. Video -recording the pre -construction conditions of the surface features within and adjacent to the construction area. -� 1.02 SUBMITTALS --, .. A. Pre Construction: Submit two completed Blu-Ray media discs that are playable on standard Blu- Ray players to Engineer at least seven calendar days prior to commencing construction and delivery of any materials and/or equipment. 1.03 QUALITY ASSURANCE A. Video -recording must be done by a responsible commercial firm known to be skilled and regularly engaged in the business of pre -construction video documentation. PART 2 PRODUCTS 2.01 MATERIALS A. Blu-Ray Media: Standard name -brand high quality write -once media. New, not previously used. Minimum video format 1080p. PART 3 EXECUTION "" 3.01 PRE CONSTRUCTION VIDEO -RECORDING A. Video -recording shall be performed and submitted at least seven calendar days prior to the commencement of construction and delivery of any materials and/or equipment. Upon review by the Engineer, and prior to commencement of construction and delivery of any materials and/or equipment, additional video -recording of any portions of the construction areas that are not adequately documented on the initial video -recordings may be required. B. Video -record the pre -construction conditions of the surface features within and adjacent to the construction area. C. The video -record will serve as a record of the pre -construction conditions for disputes arising from restoration, and should, therefore, be taken within and adjacent to the construction area in sufficient detail as necessary to clearly depict pre -construction conditions. D. Indicate the date and time (hour, minutes and seconds) on which the video -documentation was recorded. .-, E. Video -recordings shall record video with simultaneous audio to assist viewer orientation with any needed identification, differentiation, clarification, or objective description of the features being shown with audio recording of commentary by the camera operator. The audio recording shall be free of any conversations between the camera operator and other production ^ technicians. 5/15/2020 11:51 AM 02108-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPEC S\02108-070810.docx r-, F. Camera Height and Stability: Do not exceed 10 feet vertical distance between camera lens and the ground when conventional wheeled vehicles are used as conveyances for the recording system. G. Camera Control: Control camera pan, tilt, zoom -in and zoom -out rates such that recorded objects will be clearly viewed during video tape playback. Control or adjust camera and recording system controls such as lens focus, aperture, light, and white balance to maximize `r picture quality. The rate of speed in the general direction of travel of the conveyance used during recording shall be controlled to provide a usable image. Panning rates and zoom -in, zoom -out rates shall be controlled sufficiently such that playback will produce clarity of the object viewed H. Viewer Orientation Techniques: Use existing landmarks including but not limited to, all visible house and business addresses, to maintain viewer orientation. I. Video Recording Log: Provide a written log of each video recording's contents including but not limited to, the names of the streets or easements, coverage beginning and ending, directions of _ coverage, and the date upon which the recording was made. J. All Blu-Rays become the property of the Owner. END OF SECTION 5/15/2020 11:51 AM 02108-2 F:\tequ\teq uptdr\ENG-DES\S PEC S\02108-07081 O.docx .. PA#B9033.00 %.0 N.r SECTION 02110 SITE CLEARING PART 1 GENERAL 1.01 SECTION INCLUDES A. Clearing and grubbing. B. Removal and disposal of pavement, vegetation, debris, and structures. 1.02 REGULATORY REQUIREMENTS A. Comply with all applicable federal, state, and local laws and regulations for the prevention, control, and abatement of all forms of pollution and the protection of soil, vegetation, wildlife, fish, and water courses. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 PREPARATION A. Verify that existing plant life designated to remain is tagged or identified. B. Protect utilities that are to remain, from damage. C. Protect trees, plant growth, and features to remain as final landscaping. D. Protect benchmarks, survey control points, and existing structures from damage or displacement. 3.02 CLEARING AND GRUBBING A. Remove and dispose of timber, brush, stumps, roots, rubbish and debris, and all other obstructions resting on or protruding through the surface of the existing ground and the surface of areas to be excavated. B. Unless otherwise shown on the Drawings, clearing and grubbing is to be done in the following areas: 1. All areas where excavation and/or grading is to be done. 2. All areas where structures will be constructed, including pipe culverts and other pipelines. .. 3. In pavement areas and within roadway right of way. 4. Any other areas requiring clearing and grubbing to complete the Work. --, C. In pavement areas, remove roots and other debris to a depth of at least one foot below the ground surface. The surface must then be plowed to a depth of at least six inches and all roots thereby exposed are to be removed to a depth of at least one foot. 5/15/2020 11:51 AM 02110-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPEC S\02110-07271 O.docx ►"� D. All stumps within pavement areas and road right of way are to be completely removed and disposed of. E. Where excavation is done, all roots protruding through or appearing on the surface of the completed excavation must be removed to a depth of at least one foot below the excavation surface. 3.03 REMOVAL OF PAVEMENT A. Remove and dispose of existing concrete pavement, concrete sidewalk, slope pavement, ditch pavement, asphalt pavement, rock pavement base, pavement subgrade, curb, and curb and .., gutter, where designated on the Drawings or where required to be removed because of the construction operations. 3.04 REMOVAL OF STRUCTURES A. Remove and dispose of those structures, or portions of structures specified on the Drawings or those structures or portions of structures which need to be removed in order to construct new _ structures, and other appurtenances or obstructions which are designated on the Drawings. 3.05 DISPOSAL A. All removed items, including but not limited to, those indicated in Sections 3.02, 3.03, and 3.04 of this Specification are to be disposed of at an appropriate legal site. END OF SECTION 1-0 5/15/2020 11:51 AM 02110-2 PA#B9033.00 F Atequ\tequptdr\ENG-DES\SPEC S\02110-072710.docx SECTION 02210 GRADING PART 1 GENERAL 1.01 SECTION INCLUDES A. Cutting, filling, grading, and rough contouring site. B. Compaction requirements. C. Finish grading. 1.02 REFERENCES A. AASHTO T-180/ASTM D1557-78 - Moisture Density Relations of Soils and Soil Aggregate Mixtures, Using 10 lb. Rammer and an 18-inch Drop. B. ASTM D422-63 - Particle -Size Analysis of Soils. C. ASTM D2922-81- Density of Soil -Aggregate in Place by Nuclear Methods. PART 2 PRODUCTS 2.01 MATERIAL A. Fill: Free from large clods, muck, rocks larger than 6 inches, organics or other extraneous material. The maximum size rock allowed in the top 12 inches of the rough and finished grade is to be 1 inch, suitable for pavement subgrade. 2.02 SOURCE QUALITY CONTROL A. Engineer to review and approve fill material at the source prior to hauling material onsite. PART 3 EXECUTION 3.01 PREPARATION A. Identify required lines, levels, contours, and datum. B. Identify known below and above grade utilities. Stake and flag locations. 3.02 GRADING A. Fill/cut and grade Project site in a neat and uniform manner to conform to the grades detailed on the Drawings. If grades are not specified, grade in a neat and uniform manner to the grades which were existing prior to construction. 3.03 COMPACTION A. Refer to Section 02220 for compaction requirements. 3.04 PROTECTION A. Protect trees, shrubs, lawns, and other features remaining as a part of the final landscaping. 5/15/2020 11:52 AM 02210-1 PA#B9033.00 F Atequ\tequptdr\EN G-DES\S PEC S\02210-0726I O. docx B. Protect benchmarks. C. Protect existing structures, fences, roads, sidewalks, paving and curbs. D. Protect above and below grade utilities which pass through Work area. 3.05 TESTING A. Density tests for verifying compaction will be performed by an independent testing laboratory in accordance with Division 1: General Requirements 3.06 FIELD OBSERVATIONS A. Owner's representative to review finished grades prior to seeding or placement of sod. END OF SECTION 1-0 5/15/2020 11:52 AM 02210-2 PA#B9033.00 -� F:\tequ\tequptdr\ENG-DES\SPEC S\02210-072610.docx SECTION 02220 EXCAVATING, BACKFILLING, AND COMPACTING PART 1 GENERAL 1.01 SECTION INCLUDES A. Excavation for structures, pipelines, lakes, canals, ditches, etc. B. Backfilling of structures and pipelines. C. Dewatering. D. Compacting. E. Abandonment using Flowable Fill 1.02 REFERENCES A. ASTM C136-84 - Sieve Analysis of Fine and Coarse Aggregates. ^ B. ASTM D2922-81- Density of Soil -Aggregate in Place by Nuclear Methods. C. AASHTO T-180/ASTM D1557-78 - Moisture Density Relations of Soils and Soil Aggregate Mixtures, Using 10 lb. Hammer and an 18-inch Drop. D. AASHTO T-99/ASTM D2168,5.5-5.7, Moisture Density Relations of Soils using a 5.5 lb. Hammer and 12-inch drop, Method C Modified. 1.03 REGULATORY REQUIREMENTS A. Contractor is responsible for the provisions of the Occupational Safety and Health ^ Administration's excavation safety standards, 29 C.F.R.s. 1926.650 Subpart P, which requires excavations exceeding five (5) feet in depth to be shored or sloped to the angle of repose. 1.04 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION A. Contractor shall provide and be responsible for the prevention, control, and abatement of erosion and water pollution until completion of the Project. ^ B. Contractor shall provide all temporary erosion control features necessary to prevent, control, and abate erosion and water pollution. C. Contractor shall comply with the water quality standards of the State of Florida. The Contractor is cautioned that during the execution of the Work, creation of turbidity in excess of 29 Nephelometric Turbidity Units (NTU's) above the natural background level and/or directly or indirectly affecting the water quality in the waters of the State in such a manner as to exceed ,^ the limitations on the concentration of various constituents for such water as prescribed in Chapter 62-302 of the Florida Administrative Code, is a violation of the water quality standards of the State of Florida. PART 2 PRODUCTS 2.01 BACKFILL MATERIAL 5/15/2020 11:52 AM 02220-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02220-090915.docx ra A. Backfill with an approved material, free from large clods, rocks larger than 1-inch, organic material and/or other extraneous material. PART 3 EXECUTION 3.01 EXCAVATION A. Perform the excavation of all substance(s) encountered for construction as shown on the Drawings and/or as specified herein, or as approved by the Engineer by hand dredge methods only. Contractor shall dispose of all substances encountered at an appropriate legal site. .., B. When a masonry or concrete structure rests on an excavated surface other than rock, special care must be taken to avoid disturbing the bottom of the excavation. Final removal of the existing material to foundation grade is not to be started until just before the masonry or `— concrete foundation is to be placed. C. Excavate pipe trenches to a depth as shown on the Drawings. If over -excavation occurs, place a layer of fine crushed rock or compacted coarse sand to secure a firm foundation for the lower one-third of the pipe. D. The maximum width of the trench at the top of the pipe must not be greater than 2 feet more .. than the nominal diameter of the pipe, unless otherwise specified. If this maximum is exceeded, it will be the Contractor's responsibility to provide adequate support (concrete cradle or crushed rock and compacted coarse sand) at the location of the trench width over excavated. E. Keep pipe laying operations as close to the excavation as practical during the execution of the Work. F. If rock is encountered at the foundation grade of a masonry or concrete structure, excavate the rock in such a manner as to allow the solid rock to be exposed. Prepare in horizontal beds for receiving the masonry or concrete. Remove all loose and disintegrated rock or thin strata. Cut back roots to 12 inches below the foundation grade. G. If rock is encountered at the grade line of a pipe line, remove the rock so that at no place will it be closer than 6 inches to the finished pipe line. After the excavation is completed, place and tamp a bed of selected backfill (coarse sand and fine crushed rock) to at least 6 inches deep. Cut back roots to 12 inches below pipe grade. H. Remove any water accumulated in the pipe trench and/or structure excavation and keep the excavation de -watered until the bedding is complete. Accomplish in a manner so as to not create any nuisance to adjacent property or public thoroughfare. Do not use the pipeline being installed as a drain for such water. Meet all laws, codes, ordinances, and government regulations when de -watering. -- I. Provide all bracing, sheeting, and shoring necessary to perform and protect all excavations, as required for safety, or in accordance with governing laws. Remove all sheeting during backfilling operations except as otherwise noted herein or approved by the Engineer. Remove bracing, sheeting, and shoring in such a manner as not to disturb the completed Work. Whenever bracing or shoring is driven to a depth below the top of pipe elevation, that portion of the sheeting below the top of the pipe must not be disturbed or removed. Whenever bracing or sheeting is driven for protection of trench walls in a water -bearing soil, no portion of such sheeting is to be removed below existing ground water table level unless otherwise approved by the Engineer. 5/15/2020 11:52 AM 02220-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02220-090915.docx ..r r. J. Unsuitable Foundation - In case the soil conditions encountered at the grade line of the pipe -- trench or structure excavation are found to be unsuitable, the Engineer must be notified to review the character of the foundations prior to continuing the Work. 3.02 BACKFILLING A. Backfilling of structure (manholes, pump stations, sidewalks, etc.) excavations and required fill under structure slabs are to be done in horizontal lifts not exceeding eight inches in depth ^. (compacted thickness) and compacted to a density of not less than 98 percent of the maximum density determined by AASHTO T-180. B. Place backfill material for pipe excavation evenly and carefully around and over pipe and under lower sections of pipe in 6-inch maximum lifts. Hand -tamp backfill around the pipe. Each lift is to be thoroughly and carefully compacted until one foot of cover exists over the pipe. The remainder of the backfill is to be placed in eight -inch lifts (compacted thickness), moistened, and _ mechanically compacted to a density of not less than 100 percent of the maximum density as determined by AASHTO T-99 Method C, unless otherwise noted. Water settling may be utilized at the option of the Contractor, however, the dewatering system must remain in service until all required density determinations are performed. C. For structures and rigid pipelines where the backfill lies within a pavement subgrade, the backfill must be compacted to a density not less than 100 percent of the maximum density determined by AASHTO T-99 Method C. D. For flexible pipe lines (i.e. PVC pipe or corrugated metal pipe) where the backfill lies within a pavement subgrade, the subgrade backfill to 6 inches above the top of the pipe must be compacted to a density not less than 100 percent of the maximum density determined by AASHTO T-99 Method C. The remaining backfill to grade is to be compacted to a density not less than 98 percent of the maximum density determined by AASHTO T-180. E. Compact the upper one (1) foot of undisturbed subgrade or foundation grade disturbed during construction to a density of less than 98 percent of the maximum density as determined by AASHTO T-180. "' 3.03 PIPELINE ABANDONMENT OR TRENCH FILL USING FLOWABLE FILL AND EXCAVATABLE FILL A. Pipelines where noted on the drawings to be grouted and abandoned in place shall be filled with excavatable flowable fill (grout) per Section 121, FDOT Standard Specifications for Road and Bridge Construction, Latest Edition. r. B. Contractor shall locate his setups and weep points to assure that the pipe has been completely filled and furnish documentation to that effect in the form of logs, photographs, grout truck delivery tickets and such like. 0 " 3.04 TOLERANCES A. Top Surface: Plus or minus 0.1 foot. 3.05 TESTING A. Density tests for subgrade and backfill shall be performed by an independent testing laboratory and paid for by the contractor. 5/15/2020 11:52 AM 02220-3 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02220-090915.docx F, 3.06 FIELD OBSERVATIONS A. All structures, pipelines, pipeline joints, and other construction are subject to field observation by the Engineer and Owner prior to backfilling. END OF SECTION 5/15/2020 11:52 AM 02220-4 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\02220-090915.docx r• SECTION 02230 ROCK BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES A. Compacted subgrade. B. Stabilized subgrade. C. Coquina, limerock, and shellrock base courses. 1.02 REFERENCES A. Florida Department of Transportation - Standard Specifications for Road and Bridge Construction, 2007 Edition, herein after referred to as the FDOT Specifications. This document must be onsite during the Work. B. ASTM C136-01- Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D2922-96 - Density of Soil -Aggregate in Place by Nuclear Methods. D. AASHTO T 180/ASTM D1557-00 — Laboratory Compaction Characteristics of Soil Using Modified Effort. .. 1.03 TESTS A. Testing of the rock for compliance with this specification will be performed when it is delivered to the project site by an independent testing laboratory. Contractor is responsible for scheduling tests and for the coordination of the testing with the testing laboratory and Engineer. Tests are to be paid for as specified in the Section 01000: General Requirements. PART 2 PRODUCTS 2.01 MATERIALS A. Compacted Subgrade: Local sands approved in advance by the Engineer. Free from large clods, rocks larger than one inch, organic material or other extraneous material. .. B. Stabilized Subgrade: In accordance with Section 914 of the FDOT Specifications. C. Coquina Rock Base: In accordance with Section 915 of the FDOT Specifications. ^ D. Limerock Base: In accordance with Section 911 of the FDOT Specifications. E. Shellrock Base: In accordance with Section 913A of the FDOT Specifications. r F. Prime Coat: Meets Sections 300-2.1 and 916 of the FDOT Specifications. PART 3 EXECUTION 3.01 PREPARATION A. Prepare, compact, and grade compacted subgrade in accordance with Section 120-9 of the FDOT r Specifications. 5/15/2020 11:52 AM 02230-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02230-021914.docx ii B. Prepare, compact, and grade stabilized subgrade in accordance with Section 160-5 of the FDOT Specifications, 2007 Edition. C. Clean subgrade surface of all foreign matter. D. Verify gradients and elevations of subgrade are correct. 3.02 PLACING BASE MATERIAL A. Spread base material over prepared subgrade to a total compacted thickness as shown on the .— Drawings. B. Place in 6-inch maximum lifts. Compact to 98 percent of maximum density per AASHTO T 180, Method D. C. Check finished surface with a template cut to the required crown and with a 15 foot straight edge laid parallel to the centerline of the pavement. Correct all irregularities greater than 1/4 _ inch by scarifying, and removing or adding base material as may be required. Re -compact area to meet specified density requirements. 3.03 PRIME COAT APPLICATION A. Apply prime coat in accordance with Section 300-7 of the FDOT Specifications except Contractor to apply prime coat at a rate of 0.15 gallons per square yard over a base course free of all loose and foreign materials which may prevent proper bond. The moisture content of the base must not exceed 90 percent of the optimum moisture content of the material. 3.04 FIELD OBSERVATIONS A. Engineer to review the subgrade prior to placing base course. B. Engineer to review the finished base prior to application of the prime coat and paving. 3.05 PROTECTION A. Any roadway base damaged, disturbed, or destroyed in excess of maximum pipe trench widths detailed on the Drawings must be replaced in accordance with the Drawings and Specifications at no additional expense to the Owner. END OF SECTION 5/15/2020 11:52 AM 02230-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\02230-021914.docx SECTION 02233 ASPHALT BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES A. Compacted subgrade. B. Stabilized subgrade. C. Asphalt base course. 1.02 REFERENCES A. Florida Department of Transportation - Standard Specifications for Road and Bridge Construction, 2000 and 2007, herein after referred to as the FDOT Specifications. These documents must be onsite during the Work. B. ASTM C136-01- Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D2922-96 - Density of Soil -Aggregate in Place by Nuclear Methods. D. AASHTO T180/ASTM D1557-00 - Laboratory Compaction Characteristics of Soil Using Modified Effort. 1.03 SUBMITTALS A. Submit the asphalt base job mix formula per Section 331-4.3. of the 2000 FDOT Specifications. 1.04 TESTS A. Density tests are to be performed by an independent testing laboratory. Contractor is responsible for scheduling density tests and for the coordination of the testing with the testing laboratory and Engineer. Tests are to be paid for as specified in the Section 01000: General Requirements. PART 2 PRODUCTS 2.01 MATERIALS A. Compacted Subgrade: Use local sands approved in advance by the Engineer. Free from large clods, rocks larger than one inch, organic material or other extraneous material. B. Stabilized Subgrade: In accordance with Section 160 of the 2007 FDOT Specifications. C. Asphalt Base Course: In accordance with Section 280 of the 2000 FDOT Specifications. PART 3 EXECUTION 3.01 PREPARATION A. Prepare, compact, and grade compacted subgrade in accordance with Section 120-8 and 120-9 of the 2007 FDOT Specifications. 5/15/2020 11:52 AM 02233-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02233-021914.docx B. Prepare, compact, and grade stabilized subgrade in accordance with Section 160-3 of the 2007 FDOT Specifications. C. Clean subgrade surface of all foreign matter. D. Verify gradients and elevations of subgrade are correct. E. Final grading of the surface of the earthwork shall be graded to drain and to conform to the lines, grades and cross sections shown on the Drawings and within the tolerances specified in Section 120-12 of the 2007 FDOT Specifications. 3.02 PLACING BASE MATERIAL A. Place base material in accordance with Section 280-8 of the 2000 FDOT Specifications. B. Correct deficient base thickness in accordance with Section 330-15 of the 2007 FDOT Specifications. 3.03 FIELD OBSERVATIONS A. Engineer to review the subgrade prior to placing base course. B. Engineer to observe base course placement activities. END OF SECTION 5/15/2020 11:52 AM 02233-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02233-021914.docx SECTION 02271 GEOTEXTILE FABRIC PART 1 GENERAL 1.01 SECTION INCLUDES A. Geotextile fabric material and placement for slope protection, pipe joints and subsurface drainage. 1.02 REFERENCES A. Florida Department of Transportation - Standard Specifications for Road and Bridge Construction, 2007 edition, hereinafter referred to as the FDOT Specification. 1.03 SUBMITTALS A. Submit geotextile fabric data sheets, showing fabric meets FDOT Design Standards. 1.04 DELIVERY, STORAGE AND HANDLING A. Wrap fabric in a protective covering which is sufficient to protect it from sunlight, dirt and other debris during shipment and storage. PART 2 PRODUCTS 2.01 MATERIALS A. Geotextile Fabric for Slope Protection 1. Woven fabric which allows the passage of water. 2. Consists of a long -chain synthetic polymer and resistant to deterioration due to salt water, ultraviolet light and heat exposure through basic formulation or the addition of stabilizers and/or inhibitors. The cloth should be calendared or otherwise finished so that yarns will retain their relative position with respect to each other. The edges of the cloth should be selvaged or otherwise finished to prevent the outer yarn or fibers from pulling away from the fabric. 3. Meet all requirements for geotextile fabrics in Section 985 of the FDOT Specifications and Index 199 of the FDOT Design Standards. B. Filter Fabric for Pipe Joints and Subsurface Drainage 1. Non -woven fabric which allows the passage of water. 2. Consists of a long -chain synthetic polymer and resistant to deterioration due to salt water and heat exposure through basic formulation or the addition of stabilizers and/or inhibitors. The cloth should be calendared or otherwise finished so that yarns will retain their relative -- position with respect to each other. The edges of the cloth should be selvaged or otherwise finished to prevent the outer yarn or fibers from pulling away from the fabric. 3. Meet all requirements for subsurface drainage in Section 985 of the FDOT Specifications and Index 199 of the FDOT Design Standards. 5/15/2020 11:52 AM 02271-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02271-070810.docx PART 3 EXECUTION 3.01 PLACEMENT- PIPE JOINTS A. Place in accordance with the details on the Drawings. 3.02 PLACEMENT - SLOPE PROTECTION A. Slopes to be uniform, reasonably smooth, free from mounds and windrows, and free of any debris or projections which could damage the filter material to be placed upon it. B. Material to be loosely laid (not stretched). Overlap adjacent strips a minimum of 24 inches. Overlaps may be eliminated if all fabric sections are either factory or field sewn. C. Anchor in place with plastic securing pins (as recommended by the filter material manufacturer) inserted through the fabric along, but not closer than two inches to, each edge and to the extent necessary to prevent displacement before or during placement of the fabric or other material. D. Stagger vertical laps at least five feet. Use full rolls wherever possible, in order to minimize the number of vertical laps. Lengths and widths of individual sheets to be at the Contractor's option. Grommets are not required. E. Toe -in geotextile fabric at the top of the slope and at the bottom in accordance with the detail on the Drawings. F. Any fabric damaged or displaced before or during placement of overlying layers must be replaced or repaired to the satisfaction of the Engineer and at the Contractor's expense. 3.03 PLACEMENT -SUBSURFACE DRAINAGE A. Cut fabric to the proper width prior to installation. Include sufficient material to conform to the trench perimeter, any irregularities, and for a 12 inch (minimum) top overlap. B. Where overlaps are required between rolls, lap the upstream roll a minimum of two feet over the downstream roll in order to provide a shingled effect. C. Care should be exercised to prevent natural or fill soils from intermixing with the drainage aggregate. END OF SECTION 5/15/2020 11:52 AM 02271-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02271-0708I O.docx ., SECTION 02274 RIP RAP PART 1 GENERAL 1.01 SECTION INCLUDES .. A. Rock. 1.02 QUALITY CONTROL A. Furnish testing certificates from a qualified independent testing laboratory prior to acceptance ._ of the rock source to verify the conformity to the requirements of the Specifications. B. Control of gradation will be by visual inspection. Provide a sample of rip rap of at least 5 tons, meeting the gradation specified. The sample may be a part of the finished rip rap covering. This .. sample will be used as a frequent reference for judging the gradation of the rip rap supplied. PART 2 PRODUCTS 2.01 MATERIALS A. Rock: Sound and durable quality Unit weight (ASTM C127) not less than 143 pounds per cubic foot (surface — dry natural state) and a. Specific Gravity not less than 2.38 (ASTM C127). Free from cracks, seams and other defects that could increase deterioration of the stone from natural causes. Rock to be compact, roughly angular in shape of which the least dimension to be not less than 1/3 its greatest dimension. Flat rocks are not acceptable. Rocks are to be well graded. Type A (6-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 12" 9" 100 8" 7" 50 6" 5" 15 Type B (12-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 21" 15" 100 14" 12" 50 11" 8" 15 Type C (18-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 30" 22" 100 20" 18" 50 5/15/2020 11:53 AM 02274-1 B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\02274-072610.docx 1 16" 1 12" 1 15 1 Type D (24-inch Average Size) Sieve Size Percent Passing by Weight Maximum Minimum 42" 31" 100 28" 24" 50 22" 1 17" 1 15 2.02 GRANULAR BEDDING A. The CONTRACTOR shall place a layer of bedding material beneath the riprap materials to the lines and grades shown on the Drawings. Stone for use in granular bedding shall weigh not less than 135 pounds/cubic foot (saturated surface dry — pounds/cubic foot). The material shall be composed of tough, durable particles, shall be reasonably free from thin, flat and elongated pieces, and shall contain neither organic matter nor soft, friable particles in quantities considered objectionable by the DISTRICT. Bedding stone shall be placed within the limits shown on the Drawings and shall be reasonably well graded in accordance with FDOT Section _ 901. The bedding stone for each type of riprap shall be as follows: Type of Riprap Bedding Stone [Type A] ASTM C33 Size No. 57] [Type B] ASTM C33 Size No. 357] [Type C] ASTM C33 Size No. 2] [Type D] ASTM C33 Size No. 1] PART 3 EXECUTION 3.01 PLACEMENT A. Place rip rap on prepared slope or area in a manner which will produce a reasonably well -graded mass of stone with the minimum practicable percentage of voids. Rocks shall not be dropped from a height greater than 3 feet above the fabric. B. Conform to the lines, grades and thickness shown on the Drawings. The thickness should be ,r increased by 50 percent when the riprap is placed underwater to provide for uncertainties associated with this type of placement C. Place full course thickness in one operation and in a manner as to avoid displacing the underlying material. D. Large accumulations of either the larger or smaller sizes of rip rap will not be permitted. 5/15/2020 11:53 AM 02274-2 B9033.00 F:\tequ\teq uptdr\ENG-DES\S PEC S\02274-072610.docx .. .. E. Hand placing or rearranging of rip rap by mechanical equipment may be required to the extent necessary to secure the results specified. F. Place rip rap protection in conjunction with the construction of the embankment with only sufficient lag as may be necessary to allow for proper construction of the portion of the embankment protected and to prevent mixture of embankment and rip rap. G. Distribute small pieces so that they fill the voids between the larger pieces. END OF SECTION 5/15/2020 11:53 AM 02274-3 B9033.00 F Atequ\tequptdr\ENG-DES\SPEC S\02274-0726I O.docx �11 r u u u u T u T u u u m m -, SECTION 02523 SIDEWALKS, DRIVEWAYS, AND CURBS PART1 GENERAL 1.01 SECTION INCLUDES A. Concrete sidewalks, driveways, curbs, and gutters. 1.02 RELATED SECTIONS A. Section 02210 - Grading. 1.03 REFERENCES ... A. AASHTO T 180/ASTM D1557-00 -Laboratory Compaction Characteristics of Soil Using Modified Effort. B. ACI 347R-94 — Guide to Formwork for Concrete. ^ C. ASTM A185-97 - Steel Welded Wire Fabric, Plain, for Concrete Reinforcement. D. ASTM A615-01- Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. ^ E. ASTM C33-01- Concrete Aggregates. F. ASTM C39-01- Compressive Strength of Cylindrical Concrete Specimens. ^ G. ASTM C42-99 - Obtaining and Testing Drilled Cores and Sawed Beams of Concrete. H. ASTM C94-00 - Ready -Mixed Concrete. .. I. ASTM C143-00 - Slump of Hydraulic Cement Concrete. J. ASTM C150-00 - Portland Cement. ^ K. ASTM C260-01 - Air -Entraining Admixtures for Concrete. L. ASTM C309-98 - Liquid Membrane - Forming Compounds for Curing Concrete. M. ASTM D1751-99 - Preformed Expansion Joint Filler for Concrete Paving and Structural Construction. N. ASTM D2922-01 - Density of Soil and Soil -Aggregate in Place by Nuclear Methods. ^ 1.04 SUBMITTALS A. Concrete mix design indicating the proportions of cement, coarse aggregate, fine aggregate, water, and admixtures. Mix design sheet must also indicate slump, design strength, and water -cement ratio. PART 2 PRODUCTS 2.01 MATERIALS A. Forms: Conform to ACI 347. B. Reinforcing Steel: ASTM A615, Grade 60, new deformed billet steel. C. Welded Steel Wire Fabric: Plain type, ASTM A185. Revised: <08/10/16> 02523-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02523_Sidewalks Driveways and Curbs.docx D. Expansion Joints: 1/2 inch thick preformed non -extruding joint filler meeting ASTM D1751. E. Concrete: Cement (ASTM C150, Type 1), aggregates (ASTM C33), and potable water mixed in accordance with ASTM C94. Minimum of 470 lbs. of cement per cubic yard of concrete. Water -cement ratio less than or equal to 0.55. Slump of 0-5 inches. 3000 psi minimum compressive strength at 28 days. F. Air -Entraining admixture to be from two to six percent. G. Curing Compound: ASTM C309, Type 1 or 1-D, Class A. ... PART 3 EXECUTION 3.01 SUBGRADE PREPARATION A. Prepare subgrade in accordance with Section 02210. B. Compacted density to be at least 98 percent of the maximum density determined by AASHTO T180. C. Verify gradients and elevations of subgrade are correct. D. Just prior to placing concrete, moisten subgrade and forms to provide a uniform dampened surface at the time concrete is placed. 3.02 CONCRETE PLACEMENT A. Maintain concrete temperature at time of placement below 90 degrees Fahrenheit. B. Deposit concrete on the subgrade in a manner which will minimize rehandling. C. Do not disturb expansion joints. D. Consolidate concrete against and along the faces of all forms, and along the full length on both sides of all joint assemblies. 3.03 JOINT CONSTRUCTION A. Contraction Joints for Sidewalks and Driveways: Sidewalk joints are to be spaced 5 feet on center unless noted otherwise on Drawings. Driveway joints are to be spaced 15 to 18 feet on center unless noted otherwise on Drawings. Use saws equipped with shatterproof abrasive or diamond rimmed blades. Cut joints into concrete as soon as the surface will not be raveled or otherwise damaged by the cutting action. Cut slot, 3/16 inch wide and not less than 1 1/2 inches deep. Joints must be completed between four (4) and twelve (12) hours after placing concrete. B. Contraction Joints: The maximum joint spacing to be 15 feet. Depth no less than one- fourth (1/4) the pavement thickness. Width, one -eighth (1/8) inch to one-fourth (1/4) _ inch. Joints must be continuous across the slab unless interrupted by a full depth joint and must extend completely through any integral curbs. Alignment may be skewed or warped where necessary to reach points of stress concentration. Form using saws equipped with shatterproof abrasive or diamond rimmed blades. Cut joints into concrete paving as soon as the surface will not be raveled or otherwise damaged by the cutting action. Joints must be completed between four (4) and twelve (12) hours after Concrete has been placed. Zip strips may be used in appropriate locations. Revised: <08/10/16> 02523-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02523_Sidewalks Driveways and Curbs.docx C. Construction Joints: Place full depth construction joints at the end of concrete pours "~ and at locations where placement operations are stopped for a period of thirty (30) minutes or more except where such pours terminate at expansion joints. D. Expansion Joints for Sidewalks and Driveways: Construct at 100 foot intervals (unless noted otherwise on Drawings), between sidewalk and driveways, at sidewalk intersections, and around all other fixed objects within the sidewalk or driveway. Joints must contain preformed joint filler for the full depth. Edges must be finished with a 1/4 inch radius. E. Expansion Joints for Curbs: Construct at all inlets and radius points, where new curb .. abuts an existing fixed object, and at intervals of 500 feet. Joints must contain 1/2 inch preformed joint filler for the full depth of the curb. 3.04 FINISHING A. Adding water to the surface of the concrete to assist in finishing operations is not permitted. B. A uniform gritty non -slip finish must be provided by brushing the surface with a stiff - bristled broom or by dragging a 'burlap bag' over the surface just before the water sheen disappears. C. After the final finish has been applied, but before the concrete has become nonplastic, the edges on each side of expansion joints, construction joints, and along any structure extending into the concrete are to be carefully rounded to a 1/4 inch radius. Finish sidewalk and driveway edges with a 1/4 inch radius edging tool. Produce a well-defined and continuous radius and a smooth, dense mortar finish. Remove all concrete from the top of the joint filler. .. 3.05 CURING A. After the finishing operations have been completed and as soon as the concrete has hardened sufficiently such that marring of the surface will not occur, the entire surface and the edges of the newly placed concrete are to be cured using a liquid curing compound. Rate of application to be 200 square feet per gallon or as recommended by the manufacturer. B. Do not leave the concrete exposed for a period in excess of 30 minutes between stages of curing or during the curing period. ^" 3.06 BACKFILLING A. After the concrete has set sufficiently, but not later than three days after pouring, refill the spaces in front and back of curb/sidewalk to the required elevation with suitable material. 3.07 FIELD OBSERVATIONS A. The subgrade and formwork prior to placing concrete. B. Concrete placement activities. C. Furnish a delivery ticket for each batch of concrete unloaded if so requested by the Engineer. END OF SECTION Revised: <08/10/16> 02523-3 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02523_Sidewalks Driveways and Curbs.docx ^ 9 m u u u u u u u I u u u ., SECTION 02580 PAVEMENT MARKING PART 1 GENERAL 1.01 SECTION INCLUDES A. Traffic stripes and markings using reflective paint. B. Traffic stripes and markings using a thermoplastic compound. C. Reflective pavement markers. 1.02 REFERENCES A. Florida Department of Transportation - Standard Specifications for Road and Bridge Construction, 2007, herein after referred to as the FDOT Specification. This document must be .. onsite during the Work. PART 2 PRODUCTS 2.01 MATERIALS A. Reflective Traffic Stripes and Markings: In accordance with Sections 710, 971-1, 971-2, and 971- 3 of the FDOT Specifications. B. Thermoplastic Traffic Stripes and Markings: In accordance with Section 711 of the FDOT Specifications. C. Reflective Pavement Markers: In accordance with Section 706 of the FDOT Specifications, Class B. 2.02 EQUIPMENT A. In accordance with the following FDOT Specifications: Section 710-3 for reflective paint and Section 711-3 for thermoplastic compounds. PART 3 EXECUTION 3.01 PREPARATION A. Establish the necessary tack points and other controls for alignment of the stripes. B. Tolerances in dimensions and alignment to be in accordance with FDOT Specification 710-5. 3.02 APPLICATION A. Apply reflective paint in accordance with FDOT Specification 710-4. B. Apply thermoplastic compounds in accordance with FDOT Specification 711-4. Thermoplastics shall not be installed on roadway until 30 calendar days after final lift of asphalt has been placed with the exception of Friction Course which shall be 90 days. 5/15/2020 11:53 AM 02580-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPEC S\02580-072210.docx C. Apply reflective pavement markers in accordance with Section 706-4 of the FDOT Specifications. Use bituminous adhesives only when installing. Do not apply markers to new pavement striping or markings. 3.03 FIELD QUALITY CONTROL A. All Work under this Section which fails to meet the Specifications, including the permissible tolerances and the appearance requirements, or are marred or damaged by traffic or from other cause, must be corrected by the Contractor to the approval of the Engineer. 3.04 PROTECTION A. Protection of newly painted and applied stripes and markings to be in accordance with Sections 710-7 and 711-6 of the FDOT Specifications. END OF SECTION 5/15/2020 11:53 AM 02580-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPEC S\02580-072210.docx SECTION 02613 DUCTILE -IRON PIPE PART 1 GENERAL 1.01 SECTION INCLUDES A. Ductile iron pipe and fittings for Potable Water, Wastewater, and Reclaimed Water Systems, sizes 3 inch diameter through 64 inches in diameter. 1.02 RELATED SECTIONS A. Section 02220 - Excavating, Backfilling and Compacting. r. B. Section 02675 - Disinfecting Water Mains. 0" 1.03 REFERENCES A. ASTM A153-19 -Zinc Coating (Hot -Dip) on Iron and Steel Hardware. B. ASTM A 197-15 - Cupola Malleable Iron. C. ASTM A 307-14 - Carbon Steel Bolts and Studs, 60,000 PSI Tensile Strength. D. ASTM A 506-16 — Alloy and Structural Alloy Steel, Sheet and Strip, Hot -Rolled and Cold -Rolled. E. ASTM A 536-19 - Ductile -Iron Castings. .. F. ASTM A 575-18 - Steel Bars, Carbon, Merchant Quality, M-Grades. G. ASTM D 1248-16 - Polyethylene Plastics Extrusion Materials for Wire and Cable. ^ H. ASTM D 2794-19 - Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). I. AWWA C104-08 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water. J. AWWA C105-10 - Polyethylene Encasement for Ductile -Iron Pipe Systems. •� K. AWWA C110-12 — Ductile -Iron and Gray -Iron Fittings, 3 inch through 48 inch for Water. L. AWWA C111-12 - Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings. M. AWWA C115-11- Flanged Ductile -Iron Pipe with Ductile -Iron or Gray -Iron Threaded Flanges. N. AWWA C150-14 - Thickness Design of Ductile -Iron Pipe. O. AWWA C151-09 - Ductile -Iron Pipe, Centrifugally Cast, for Water or Other Liquids. P. AWWA C153-11- Ductile -Iron Compact Fittings, 3 inch Through 64 inch, for Water Service. Q. AWWA C 600-10 - Installation of Ductile -Iron Water Mains and Their Appurtenances. 07/22/10 02613-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPEC S\02613-072210.docx "M 1.04 SUBMITTALS A. Manufacturer's technical product data for pipe and fittings. 1.05 QUALITY ASSURANCE A. Each pipe and fitting must be marked with the following information: weight, pressure or .� thickness class (as applicable), manufacturer's mark, and the letters "DI" or "DUCTILE". PART 2 PRODUCTS 2.01 PIPE A. Manufactured in accordance with AWWA C151. B. Push -on type joints conforming to AWWA C111. C. Flanged Joints (where specified on the Drawings): Conform to AWWA C115. Ductile iron _ conforming to the chemical and physical properties specified in AWWA C110. Pipe to be Special Thickness Class 53. Do not thread or flange pipe in the field. D. On watermain pipe provide one blue identification stripe for the entire length of the pipe -- section for mains less than 12 inches in diameter. Provide 2 stripes for mains 12 inches in diameter and greater. Stripes shall be painted on pipe, not taped on pipe. 2.02 FITTINGS A. Mechanical: AWWA C153 with joints conforming to AWWA C111. All buried fittings to be mechanical type. B. Flanged: AWWA C110 for 3 inch through 48 inch and AWWA C153 for 54 inch through 64 inch. Joints to conform to AWWA C111. All above ground fittings to be flanged. 2.03 COATINGS AND LININGS A. Cement -mortar lined in pipe used for Raw Water, Potable Water, and Reclaimed Water Systems conforming to AWWA C104. B. Polyethylene Encasement (where specified on the Drawings): 1. Conforms to AWWA C105. 2. 8 mil thick tube or sheet of plastic meeting ASTM D1248. 3. Exposure of wrapped pipe should be kept to a minimum. C. Epoxy lining for pipes used in wastewater systems. 1. The lining material for pipe and fittings to be Protecto 401. Apply in strict conformance with the manufacturer's recommendations. Provide minimum 40 mils dry film thickness. D. Buried Pipe shall have 1 mil asphalt coating per AWWA C-104. 2.04 ACCESSORIES A. Clamps, straps and washers: ASTM A 506. 07/22/10 02613-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02613-072210.docx `'� ^ B. Rods: ASTM A 575. C. Rod Couplings: ASTM A 197. ., D. Bolts and Nuts: ASTM A 307, Grade B. E. All bolts, nuts, washers, couplings, rods, clamps, and straps are to be 304 Stainless Steel. F. Thrust Blocks: Concrete with a minimum compressive strength of 2500 psi at 28 days. Allowed only where called for on the drawings or where approved by the Engineer. ^ G. Restrain pipe joints— See Approved Products List. H. Restrain fittings using'Megalugs' as manufactured by Ebaa Iron Sales, Inc. per Approved Products List. PART 3 EXECUTION .� 3.01 INSTALLATION A. Install ductile iron pipe in accordance with AWWA C600. ^ B. Clean gaskets, sockets, and spigots of all foreign matter. C. When ductile iron pipe is cut in the field, smooth the rough cut edge with a grinder or coarse file and bevel the end so that the cut end does not damage the gasket. D. Lubricate the exposed face of the gasket and the spigot with the pipe and/or fitting manufacturers' recommended joint lubricant. E. The interior of the pipe must be thoroughly cleaned of all foreign matter before being lowered into the dry trench and kept clean during laying operations by means of plugs or other approved methods. F. Provide bell holes in the subgrade to accommodate the bells and to insure that the barrels are in contact with the foundation throughout its full length exclusive of the bell. G. Restrain from movement all reaction forces at bends (11-1/4 degrees or greater), tees, valves, and plugs by mechanical restraints as specified on the Drawings. •� H. Provide minimum 30 inch depth of cover except where otherwise shown on the Drawings. I. Coat all bolts, nuts, studs, and other uncoated parts with a coal -tar epoxy coating prior to backfilling. 3.02 CLEANING SM A. Upon completion of the pipe installation, the mains are to be canon flushed and swabbed by forcing under water pressure a soft sided swab through the mains to remove dirt and any other foreign matter. -- B. When canon flushing, achieve a minimum velocity of 2.5 feet per second in the pipe. The duration of the flushing to be sufficient to provide a minimum flush volume equal to three times the internal volume of the pipeline being flushed. 1 -4 07/22/10 02613-3 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\026 t 3-0722I O.docx 0-e C. The size of the swab is to be the same size as the main. Install launching and exit points as required for each pipe size. The swab is to be Style V, Type B as manufactured by Knapp, Inc. Supply sufficient water pressure to move the swab through the system. Should a single pass reveal, in the Engineer's opinion, an excessive amount of dirt and debris, a second pass may be required at no additional cost to the Owner. The Contractor is responsible for ensuring that all valves are properly opened or closed as appropriate to facilitate the swabbing process. Neither the Owner or the Engineer will be responsible for the swab getting hung up or stuck in a main and any resulting costs for removal. D. The cost of canon flushing and swab cleaning, as applicable, is to be included in the cost of the pipe. 3.03 HYDROSTATIC TESTING A. All pressure mains must be subjected to a pressure and leakage test of at least 2 hours in duration. B. Test mains after the pipe and fittings are properly restrained but before backfilling the fittings. C. Contractor must furnish own source of potable water. D. The length of pipe to be tested at one time must not exceed the length allowed by the controlling utilities company, or 1500 feet, whichever is less. E. Before applying the specified test pressure, expel air completely from the pipe, valves, and hydrants. F. Subject pipelines to a gauge pressure of 150 psi. Subject fire service lines to a gauge pressure of 200 psi. The pressure must not vary by more than 5 psi for the duration of the test. G. Inspect the line being tested. Stop all visible leaks by an approved method regardless of the leakage test results. H. Maximum leakage allowed will be as set in Section 5.2 of AWWA Standard C600. I. If leakage is at a rate in excess of that allowed, the Contractor must tighten the joints or replace _ the defective Work until the leakage is reduced to within the allowable amount. 3.04 DISINFECTION A. Disinfect potable water mains in accordance with Section 02675. 3.05 FIELD OBSERVATION A. Fittings, valves, thrust blocks, mechanical restraints, canon flushing and swab cleaning are to be observed at the option of the Engineer. B. Engineer must be present during pressure tests. C. All pipe and fittings are subject to visual or other inspection by the Engineer at any time. Such sections that do not conform to these Specifications will be rejected when, in the opinion of the Engineer, the methods of manufacture fail to guarantee uniform results, where the materials used are such as to produce inferior pipe, or the pipe and/or fittings are otherwise damaged or defective. END OF SECTION 07/22/10 02613-4 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02613-072210.docx `� —J� ^ SECTION 02615 WATER DISTRIBUTION SYSTEM PART 1 GENERAL 1.01 WORK INCLUDED A. All labor, materials, necessary equipment and services to complete the WORK, as indicated on the drawings, and as specified herein. B. This Section includes water -distribution piping and related appurtenances in the municipal potable water system for domestic and irrigation water service. 1.02 RELATED WORK ^ A. Section 02220— Excavation, Backfilling, and Compacting. B. Section 02613 — Ductile Iron Pipe. C. Section 02675 — Disinfecting Watermains. 1.03 QUALITY ASSURANCE A. Regulatory Requirements: Comply with requirements of the regulatory authorities having jurisdiction; including tapping of watermains, backflow prevention, installation, testing, and disinfection. Comply with standards of the regulatory authorities having jurisdiction for fire - suppression water -service piping, including materials, hose threads, installation, and testing. ^ B. All work shall conform to the requirements of the local water authority, fire marshal, any other regulatory authorities having jurisdiction, or this specification, whichever is more stringent. -� C. All watermain installation shall comply with color coding requirements of Chapter 62.555.320, F.A.C. ., D. All watermain materials and appurtenances shall comply with NSF61. 1.04 EXISTING UTILITIES A. Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated. 1. Notify the Owner not less than 2 days (48 hours) in advance of proposed utility interruptions; and, 2. Do not proceed with utility interruptions without written permission from the Owner. 02615-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02615-081518.doc r B. Furnish temporary support, adequate protection and maintenance of all underground and surface utility structures, drains, sewers, and other obstructions encountered in the progress of the work. C. Where the grade or alignment of the pipe is obstructed by existing utility structure, such as conduits, ducts, pipe branch connections to main sewers, or main drains, the obstruction shall be permanently supported, relocated, removed, or reconstructed by the Contractor in cooperation with the Owners of such utility structures. No deviation shall be made from the required line or grade except as directed by the Engineer. PART 2 PRODUCTS 2.01 MATERIALS A. All materials shall meet the requirements of the Owner's Approved Product List or as specified herein. PART 3 — EXECUTION 3.01 CONSTRUCTION PROGRESS A. The Health Department clearance shall be obtained for a watermain segment before starting the road reconstruction work for the segment. 3.02 EXISTING UNDERGROUND UTILITIES A. Existing underground utilities are shown on the Construction Drawings based on marked up drawings received from the various utility companies. For many of these utilities, the shown horizontal and vertical utility locations are approximate. For many telecommunications cables or ducts and for gas mains, the vertical locations have been assumed. The Contractor shall make his own field investigations to determine the actual underground location of these utilities. The Contractor shall advise the engineer if the location of any underground utility varies significantly to the extent that it would conflict with the proposed watermain location. 3.03 CONSTRUCTION PROCEDURES A. Refer to the construction procedures in the RELATED WORK sections for detailed construction procedures including pressure testing and bacteriological testing of new watermain. All watermain construction shall meet the applicable requirements of AWWA specifications. 3.04 CONSTRUCTION SEQUENCE A. The general construction sequence is outlined below. The Contractor shall review the general construction sequence and confirm that it is acceptable or submit an alternate sequence for review. 1. Field verify existing utility locations and existing utility service locations along the proposed _ watermain route by potholing and identify potential conflicts. This potholing shall precede the watermain construction by approximately one block to allow for deviation of the watermain route if necessary. Review utility pothole information with the Engineer to determine any necessary adjustments in the watermain alignment. Utility potholing costs — shall be included in the unit price per lineal foot of watermain. 02615-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02615-081518.doc 2. Remove vegetation and any other obstructions within the right-of-way only as needed for construction. Coordinate with the Owner and Engineer regarding removal of items in the right-of-way. Do not replace vegetation in right-of-way unless otherwise noted. 3. Contractor to maintain water services to all customers. 4. Install new watermain. All new valves connected to existing potable water system shall remain closed. Only the Owner's staff or their designee shall operate valves connected to the existing potable water system. 5. Excavation, backfill, and compacting for new watermain installation shall follow Section "- 02220 - Excavation, Backfill, and Compacting and the Details on the Construction Drawings. 6. Compaction tests shall be taken at one -foot vertical intervals starting at the spring line of the pipe and shall be spaced at 30-foot intervals horizontally. The costs for all watermain compaction tests shall be included in the unit cost per lineal foot of watermain installed. Furnish field copy of test results on the day of tests to the Engineer or Contractor if Engineer is not present. Submit signed and sealed test results to Engineer. 7. 8. After watermain installation and trench backfill in roadway areas, the Contractor shall install rock base course per the Details. The Contractor shall routinely maintain the rock base course as a temporary road surface until final roadway restoration. 9. After concurrence from the Owner, flush water system including all services lines until all .. lines run clear. Owner and Engineer to observe flushing. 10. Other than flushing all water to be obtained from the metered 2-inch jumper connection with backflow prevention protection unless otherwise noted. See Construction Details for requirements. Note that no valves are to be opened that are connected to the existing potable water system without Owner approval. Only Owner's staff is allowed to operate valves. 11. Pressure test new watermain. See requirements under the pipe specification sections referenced above under Related Work. 12. Disinfect watermain and service lines and flush high disinfectant residual. 13. Collect two consecutive passing days of bacteriological samples from all sample points. Submit sampling results in the Health Department format to the Engineer. Sample points are to remaining running until clearance is received from the Health Department. 14. Submit three sets of signed and sealed record drawings as detailed in the Record Drawing section of watermain that is being requested for release for service. In addition to the requested information, it is critical that all conflict clearance boxes be updated with the record elevations and separation information. 15. Upon receipt of the above information in acceptable format, Engineer will submit a request for clearance to the Health Department. Contractor will be notified when approval is received. 16. After receiving Health Department clearance for new watermain, Contractor shall place watermain in service. n 02615-3 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02615-081518.doc 17. Remove temporary watermain jumpers. 18. Abandon existing 8-inch (or larger) Asbestos Cement watermain grout filling in place and capping each end. 19. Remove and dispose of any construction debris on a weekly basis at a minimum. 20. Restore existing street, sidewalk, driveway, and Swale surface and restore or replace any .. damaged vegetation or other structures affected by the construction. B. If special circumstances necessitate deviation from the above general construction sequence, the Contractor shall submit a revised construction sequence, review with Engineer, and obtain concurrence before proceeding. END OF SECTION 02615-4 F:\tequ\tequptdr\ENG-DES\SPECS\02615-081518.doc PA#B9033.00 ..r F. SECTION 02675 DISINFECTING WATER MAINS PART 1 GENERAL 1.01 SECTION INCLUDES .. A. Cleaning, disinfecting, and bacteriological testing of water mains. 1.02 REFERENCES A. AWWA C651-14 - Disinfecting Water Mains. B. AWWA C653-03 - Disinfecting Water Treatment Plants. .. C. Palm Beach County Health Department Permit (Specification: Appendix C) 1.03 SUBMITTALS A. Bacteriological test results from a State certified laboratory. A.04SEQUENCING AND SCHEDULING A. Contractor shall flush and disinfect the piping. B. The Contractor shall take and send in the samples to the laboratory for testing. The Contractor _ shall pay for the testing of the initial set of samples. The Contractor shall pay for all subsequent samples and testing, if required. .. PART 2 PRODUCTS 2.01 MATERIALS A. Materials for disinfection of the distribution system shall be as listed in Section 2: Forms of Chlorine for Disinfection of AWWA C651-14. PART 3 EXECUTION 3.01 CLEANING AND DISINFECTION A. All potable water mains, fittings, and appurtenances must be cleaned and disinfected in accordance with AWWA C651. 3.02 DISINFECTION OF PIPING A. It is the Contractor's responsibility to flush and disinfect the connecting piping until satisfactory water samples are reported from the Florida state certified laboratory. Method 1 (Section 5.1) of AWWA C651-14 shall be used for the disinfection procedure. The taking and testing of the samples are the responsibility of the Contractor. 3.06 BACTERIOLOGICAL TESTING FOR WATERMAINS A. Install sampling taps at the locations shown on the Drawings. 07/22/10 02675-1 PA#B9033.00 F Atequ\tequptdr\ENG-DES\SPEC S\02675-0722I O.docx n B. Fire hydrants are not to be used in the collection of samples. C. Leave sampling taps running so that samples may be collected by an independent testing laboratory. D. Two consecutive daily water samples are to be analyzed. E. Satisfactory samples show the absence of coliform organisms and the presence of a chlorine residual. F. Should samples be unsatisfactory, Contractor must re -flush, re -chlorinate the pipelines, and set up additional sampling with the independent testing laboratory until satisfactory results are obtained. All samples shall be collected by an employee of a state certified laboratory or a certified operator and be reported on DEP Reporting Format 62-550.730. G. Contractor shall comply with the requirements in the Palm Beach County Health Department Permit. H. Contractor shall provide Engineer with Record Drawing and Bacteriological Results for the Engineers use completing and submitting a clearance form to the Health Department. Following Health Department clearance, the Contractor may begin restoration of the road. END OF SECTION 07/22/ 10 02675-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\S PEC S\02675-072210.docx SECTION 02700 HANDLING AND DISPOSAL OF ASBESTOS CEMENT PIPE 1.01 GENERAL A. Cutting and disposal of asbestos cement pipe (transite pipe) quantities greater than twelve (12) linear feet cumulative per project must be performed by a Florida -licensed Asbestos Abatement Contractor. 1.02 SUMMARY A. This section specifies administrative and procedural requirements governing the handling and disposal of transite pipe. 1.03 SHOP DRAWINGS SUBMITTALS A. Within ten (10) working days of award of this contract and prior to the pre -construction conference, the successful contractor or his designated subcontractor will: 1. Prepare an inventory of the length, size and weight of transite pipe to be removed during the project, and 2. Submit a clear, legible copy of this inventory, along with the name of the Asbestos Abatement Contractor and a copy of his Florida Asbestos Contractor License, to the Village of Tequesta At least ten (10) working days before actual removal, the Contractor or his designated subcontractor will complete a National Emission Standards for Hazardous Air Pollutants (N _ ESHAP) "Notice of Demolition and/or Removal" form if the project inventory exceeds 260 linear feet of transite pipe cumulative for the project. Refer to 40 CFR Part 61 for examples of NESHAP form or contact Palm Beach County Public Health Unit. The contractor or his asbestos subcontractor will deliver these completed forms by hand or certified mail to the following agencies (facsimiles are not permitted): DEPARTMENT OF ENVIRONMENTAL REGULATION Bureau of Air Quality 2600 Blair Stone Road Tallahassee, FI 32399-2400 PALM BEACH COUNTY PUBLIC HEALTH UNIT Air Pollution Control Section Attn: Mr. Walt Richards 800 Clematis St. West Palm Beach, FI 33402 VILLAGE OF TEQUESTA Utilities Director Attn: Matthew Hammond 345 Tequesta Drive, Tequesta, FI 33469 If the project inventory does not exceed 260 linear feet of transite pipe cumulative for the project, the Contractor or his designated subcontractor will complete a National Emission Standards for Hazardous Air Pollutants (NESHAP) "Notice of Demolition and/or Removal" form, 02700-1 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02700_Handling and Disposal of Asbestos Cement Pipe.docx indicate "COURTESY NOTIFICATION" on said form, and follow the same aforementioned execution. 1.04 EXECUTION OF WORK A. Transite pipe will be kept wet during all phases of removal. No visible emissions are permitted. B. Apply dropcloth of 6-mil poly to the area beneath and a minimum of 3 feet beyond the section of pipe to be cut. _ C. Wet pipe using an airless sprayer or utilize available water. Break, cut, or snap pipe into sections suitable in size to the disposal facility. D. Apply lockdown encapsulant to exposed edges of pipe. Pick up all pipe debris which may have fallen outside dropcloth. E. Use of compressed air to clean transite pipes is prohibited. At no time should transite pipe or pieces be mixed in with fill. 1.05 DISPOSAL A. Wrap pipe in existing dropcloth. Transfer pipe to a clean dropcloth outside the trench and wrap and secure in second layer of 6-mil poly. B. Affix the following labels to the exterior of each separately wrapped section of pipe. Labels are to be waterproof, legible, and large enough in size to be readily visible. FIRST LABEL: CAUTION Contains Asbestos Fibers Avoid Opening or Breaking Container Breathing Asbestos is Hazardous to Your Health SECOND LABEL: DANGER Contains Asbestos Fibers Avoid Breathing Dust Cancer and Lung Disease Hazard Breathing Airborne Asbestos, Tremolite, Anthophyllite or Actinolite Fibers ... is Hazardous to Your Health 02700-2 PA#139033.00 .... F:\tequ\tequptdr\ENG-DES\SPECS\02700_Handling and Disposal of Asbestos Cement Pipe.docx THIRD LABEL: HAZARDOUS SUBSTANCE Solid, NOS ORM-E, NA9188 (Asbestos) FOURTH LABEL: 1. Label each container with the name of the generator (owner) and the location at which the waste was generated. 2. Properly dispose of all transite pipe generated each day. All wrapped sections may be stored in a secure, locked enclosure pending disposal, if authorized by owner. At no time are sections or pieces of transite pipe to be left on the worksite unwrapped and unsecured at the end of the workday. 3. All vehicles and/or containers used to haul asbestos -containing waste material shall be lined with a minimum of 6-mil poly layer. 4. Label trucks used to transport asbestos -containing waste material during loading and .. unloading as follows (refer to 29 CFR 1910.145 (d)(4) for sign format). DANGER Asbestos Dust Hazard Cancer and Lung Disease Hazard Authorized Personnel Only 5. Transite debris bagged and not disposed of in a licensed landfill is a violation of asbestos NESHAP regulations. 1.6 ABANDONMENT A. Transite pipe to be abandoned in place shall be filled with grout. Abandoned transite pipe is to be shown on the as-builts drawings. The grout mix shall be: Pounds Cubic Feet Cement 340 1.73 .. Sand 2840 17.91 Stone 0 0 Water 374 6.00 Admix/Type B 13 oz. -� Air 95.0%+/-170 1.35 B. The slump shall be 6" +/- 1 inch, Admix shall meet ASTM C-494 type B.D. Alternative mixes will be considered. 1.7 POST WORK SUBMITTALS A. Waste generator (or authorized agent) will fill out a Waste Shipment Record (WSR) for each shipment of asbestos -containing waste material. Refer to 40 CFR Part 61 for example of WSR or contact Palm Beach County Public Health Unit. B. The contractor or his asbestos subcontractor will submit the following documents to the Village Utilities Director prior to payment: 02700-3 PA4139033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02700_Handling and Disposal of Asbestos Cement Pipe.docx lJ 1. A copy of the WSR prior to shipment. 2. A copy of the WSR signed by the approved disposal facility within thirty-five (35) days of shipment. 1.8 REGULATIONS A. General: All applicable Federal, State and local regulations. Environmental Protection _ Agency 40 CFR Part 61 National Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision Final Rule November 20, 1990. B. Occupational Safety and Health Administration 29 CFR 1910.1001 General Industry Standard. C. Department of Professional Regulation, Florida Statues Chapter 455, Licensure of Consultants and Contractors. 1.9 IDEMNITY _ A. Idemnity shall be in accordance with the Contract. END OF SECTION 02700-4 PA#B9033.00 r.. F:\tequ\tequptdr\ENG-DES\SPECS\02700_Handling and Disposal of Asbestos Cement Pipe.docx SECTION 02938 SODDING _ PART 1 GENERAL 1.01 SECTION INCLUDES .. A. Preparation of subsoil. B. Placing topsoil. ^ C. Fertilizing. D. Sod installation. E. Maintenance. 1.02 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer and herbicide composition. 1.03 DELIVERY, STORAGE, AND HANDLING A. Deliver sod on pallets. Protect exposed roots from dehydration. B. Do not deliver more sod than can be laid within 24 hours. 1.04 EXISTING CONDITIONS �- A. All existing grass areas which are damaged or destroyed during construction are to be replaced with new sod of the same variety, unless otherwise noted, which existed prior to construction. B. In all cases, Contractor is responsible for the restoration of the grass to the conditions that existed prior to construction. 1.05 FIELD MEASUREMENTS A. On pipeline projects, sodded areas will be measured based on maximum trench widths shown on the Drawings. Sod placed in excess of the maximum trench widths or limits detailed on the Drawings will be at the full expense of the Contractor. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil: Muck; free of plants, weeds, and roots. B. Sod: Bahia. Live, fresh, and uninjured at time of planting, free of objectionable weeds, and have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. Transport within 24 hours after being stripped and plant as soon as possible. C. Fertilizer: 6 percent nitrogen - 6 percent phosphoric acid - 6 percent potash, 40 percent organics. 5/15/2020 11:55 AM 02938-1 PA#B9033.00 FAtequ\tequptdr\ENG-DES\SPEC S\02938-030614.docx l' D. Water: Free of excess and harmful chemicals, acids, alkalis, or any substance which might be harmful to plant growth. Salt water not allowed. E. Wood Pegs: Softwood; sufficient size and length to ensure anchorage of sod on a slope. PART 3 EXECUTION 3.01 PREPARATION OF SUBSOIL A. Prepare subsoil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. B. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated soil. 3.02 FERTILIZING A. Apply fertilizer uniformly at a rate of 16 pounds per 1000 square feet. .. B. Apply after smooth raking of topsoil and prior to installation of sod. C. Apply fertilizer no more than 48 hours before laying sod. D. Lightly water to aid the dissipation of fertilizer. 3.03 SOD INSTALLATION A. Moisten prepared surface immediately prior to laying sod. B. Place sod on the prepared surface with edges in close contact and embed firmly and smoothly by light tamping with appropriate tools. C. Do not stretch or overlap sod pieces. D. Where sodding is used in drainage ditches, the setting of the pieces must be staggered to avoid _ a continuous seam along the line of flow. E. In order to prevent erosion caused by vertical edges at the outer limits, tamp the outer pieces of sod so as to produce a feather edge effect. F. On slopes 6 inches per foot and steeper, lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod. G. After installation, saturate sod with water to a depth of 4 inches into the soil. H. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. I. After rolling, keep sod moist for the duration of the contract period and in no case less than 2 weeks. The moistened condition should extend at least to the full depth of the rooting zone. END OF SECTION 5/15/2020 11:55 AM 02938-2 PA#B9033.00 F:\tequ\tequptdr\ENG-DES\SPECS\02938-030614.docx 4.0 n APPENDIX A W 0 Z Z W 2 LV Q W>�o0D LL � UO N CDa O W Q Q } Q 0. 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S7Rl1CT A•UO f��QDy3/�/L PEL.7 Co / 114 _rally Q o �,�/5ri,c/� Orrcir 7v BE rvp t•. � � c� I �O O.t�1,dACT�D GfI�,D�,D/,UACr�- fr (b 1 o �7 '(F/�G0,40✓!/5T<1T!r/.U%L� �D � IJ'R,41, .! IVY, �5-L . = ?`� $►' SEE � TeE,� !�t/�1 ran, Ov�.a �a u�rAQ y �EGUE/1 - �GP l ,kJt �\ „t 2� iI TOP 757 v3r-7"0,0 Al �z�Q- �/d! ZC-Y �U— LG 0.el7 0/IC— �T 2 �I �-- - I .i7e,-Il Z7Wr . % . E kr1/E'F' r 454 Z�n' AI/,-rA-�"p/ APPENDIX C Mission: To protein prumote & improve the health e A people in Florida through integrated state, Canty & community efforts. :!�1 HEALTH Vision: To be tie Healthiest State in the Nation Notification of Acceptance of Use of a General Permit Ron DeSantis Gavemor Scott A. Rlvlcees, MD Slate Surgeon General Permitee: Permit Number: 138296-045-DSGP Matthew Hammond, Utility Director Issue Date: 05/0612020 Village of Tequesta Expiration Date: 05/05/2025 345 Tequesta Drive County: Palm Beach Tequesta, FL 33469 Project: Pine Tree Drive and Tequesta Bridge Drainage Improvements Water Supplier: Village of Tequesta PWS ID: 450 1438 Dear Mr. Hammond: On April 30, 2020 the Florida Department of Health -Palm Beach County, as an approved local program of the Florida Department of Environmental Protection, received a "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs° (DEP Form No. 62- 555.900(7)l, under the provisions of Rule '�2-4.530 and Chapter 62-555, Florida Administrative Code (F.A.C.). The proposed project includes Construction of approximately 115 LF of 8" DIP water main to replace the existing 8" asbestos cement pipe located at the intersection of Pine Tree Drive and Tequesta Drive in the Village of Tequesta, Florida. Based upon the submitted Notice and accompanying documentation, this correspondence is being sent to advise that the Department does not object to the use of such general permit at this time. Please be advised that the permittee is required to abide by Rule 62-555.405 17.4.C, , all applicable rules in Chapters 62-4, 62-550, 62-555, F.A.C., and the General Conditions for All General Drinking Water Permits (found in 62-4.540 F.A.Q. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management section managers prior to commencing any such activities at (561) 837- 5900 f#3. Please be aware that a notification is required to be submitted to the Department for a regulated project. Florida Department of Hearth Palm Beach Ccuity, Divsion of Env`rcnmenta Public Health P.O. Box 29, 800 Clemabs Street, 'Nest Palm Beach, FL 33402 PHONE 561-837-5900 • FAX : 561-837-5294 FloridaHealth.gov, Flhealthpaimbeach.org Accredited Health Department P�tblic Health Accreditation Board PERMiTTEE: Village ofTequesta Permit/Certification No.: 138296-045-DSGP Matthew Hammond, Utility Director The permittee shall comply with all sampling requirements specific to this project. These requirements are attached for review and implementation. Pursuant to Rule e2-555.345, F.A.C,, the — permittee shall submit a certification of construction completion [DEP Form No. 62-555.900(9) to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than disinfection or testing for leaks. Within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service in total by the Department, both the permittee and the proposed permittee shall sign and submit an application for transfer of the permit using Form 62-555.900(8), F.A.C., with the appropriate fee. The permitted construction is not authorized past the 30-day period unless the permit has been transferred, This permit will expire five years from the date of issuance. if the project has been started and not completed by that time, a new permit must be obtained before the expiration date in order to continue work on the project, per Rule 62-4.030 F.H.C. Sincerely, For the Division Dire or Jorge RAPatino, P.E. Environmental Administrator Division of Environmental Public Health J H/J P c. Project Engineer: John Caimes, P.E. Utility; Same PERMITTEE: Village ofTequesta PermiUCerfficadon No.:138296-045-OSGP 0 Matthew Hammond, Utility Director Civil Penalty May Be Incurred If this project is placed Into operation before obtaining a clearance from this office. Requirements for clearance upon completion of projects are as follows: 1) Clearance Form Submission of a fully completed Department of Environmental Protection (DEP) Form 62-555.900(9" Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation. 2) Record Drawings Submission of the portion of record drawings showing deviations from the DEP construction permit, including preliminary design report or drawings an specifications, if there are any deviations from said permit (Note that it is necessary to submit a copy of only the portion of record drawings showing deviations and not a complete set of record drawings.). 3) Bacteriological Results Copies of satisfactory bacteriological analysis (a.k a. Main Clearance), taken within sixty (60) days of completion of construction, from locations within the distrjbution system or water main extension to be cleared, in accordance with Rules 62-555.315(62, 2- 55.3 , and 62.555 330 F.A.C. and American Water Works Association (AWWA) Standard C 651-92, as follows: • Connection to an existing system The end point of the proposed addition Any water lines branching off a main extension • Every 1,200 feet on straight runs of pipe Each location shall be sampled on two consecutive days, with sample points and chlorine residual readings clearly indicated on the report. A sketch or description of all bacteriological sampling locations must also be provided. AD samples shall be collected by an employee of a state certified laboratory or a certified operator and be reported on DEP Reporting Format 62- 560.730. For further clarification contact: Jay Hardman, P.E. Florida Department of Health Palm Beach Plan Review & Permit Section 800 Clematis Street, 4"' Floor West Palm Beach, FL 33401 561-837-5900 #5 F1, 11 NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs INSTRUCTIONS: This notice shall be completed and submitted by persons proposing to construct projects permitted under the "General Permit for Construction of Water Main Extensions for Public Water Systems" in Rule 62-555.405, F.A.C. AT LEAST 30 DAYS BEFORE BEGDD41NG CONSTRUCTION OF A WATER MAIN EXTENSION PROJECT, complete and submit one copy of this notice to the appropriate Department of Environmental Protection (DEP) District Office or Approved County Health Department (ACHD) along with payment of the proper permit processing fee. (When completed, Part 11 of this notice serves as the preliminary design report for a water main extension project, and thus, it is unnecessary to submit a separate preliminary design report or drawings, specifications, and design data with this notice.) All information provided in this notice shall be typed or printed in ink. The DEP permit processing fee for projects requiring the services of a professional engineer during design is $650, and the DEP permit processing fee for projects not requiring the services of a professional engineer during design is $500.* Some ACHDs charge a county permit processing fee in addition to the DEP permit processing fee. Checks for permit processing fees shall be made payable to the Department of Environmental Protection or the appropriate ACHD. NOTE THAT A SEPARATE NOTIFICATION AND A SEPARATE PERMIT PROCESSING FEE ARE REQUIRED FOR EACH NON-CONTIGUOUS PROJECT.t * Ercept as noted in paragraphs 62-555.520(3)(a) and (b), F.A.C, projects sha11 be designed under the responsible charge of one or more professional engineers licensed in Florida. t Non-corrlrguous projects are projects that are neither interconnected nor located nearby one another (i.e., on the same site, on adjacent streets, or in the same neighborhood). A. Name ofProject: Pinetree Dr & Tequesta Bridge Drainage Improvements B. Description of Project and Its Purpose: Installation of approximately I IS LF of 8" DIP watermain and appurtenances at the intersecfion of Tequesta Dr. and Pinetree Dr. Connection to the existing watermain will occur within the north right-of-way along Tequesta Dr. The existing 8" asbestos -cement pipe will be abandoned in place. .R.ECEIVFD C. Location of Project APR 3 0 1. County Where Project Located: palm Beach 2. Description of Project Location; Mond a ep2rtUje of Health - Pac North side of the Pinetree Dr. and Tequesta Dr. intersection along the north right- o1 tWTequesta Dr. D. Estimate of Cost to Construct Project: $25,000 E. Estimate of Dates for Starting and Completing Construction of Project: F. Permittee P_WS/Com an Name: Vataae otTequeste PWS Identification NO..'*4501438 PWS Type:* P Community Non -Transient Non-communityTransient Non-Coirmuni ty FConswudve Contact Person: Madhew Hammond, P.E. Contact Person's Tine: ttHlltfes btnactor Contact Person's Mailing Address-,345Tequa3ta Drt Cil�•: Tsquesta State: FL Zi Code: 33499 Contact Person's Tele phone Number: (561) 789•o459 Contact Persons Fax Number: Contact Person's E-Mail Address: mhammandG1aque91a.org — * T'hic i>r rnrmntii.n ; .,.t __Y:r'r- --••-- -�•-• ^•---v• -. y«..�.. arsy y irmFe-rautaec is a public warersystem (PWS), G. Public Water System tPWSI Sunnkina Wr,tPr to i>rr,iofH. PWS Name: MueseofTequema PWS Identification No.:4601438 PWS T e: FlcommunitNon-Transient Non -Community Transient Non -Community Consecutive PWS OWner:VitkgsofTequests Contact Person: Matthew Hammond, P.E. l•QntaCt Person's Title: Utilities o+sactor Contact Person's Mailing Address:345 Tequesta Drive City-, Tequesta State: FL Zl Code: 334fi9 Contact Person's Telephone Number: (561) 788-0469 Cct PesNumber: Contact Person's E-Mail Address: MhWnM0nd@teWea16,0re DEP Farm 6255&900( VJ1Pnute Page I EaeeHve Augusl 29, 2003 (Updat•o September 6, W 5) I NOTICE OF INTENT To USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSION$ FOR PWSS (-Prof ect Name- users. rx a Teq— ends. Dr wgP traptoTmtds I Permittee• vrw or r"Asla H. Public W tL_* ar:it rl..,r. i1rr.:nn4 A R— Tt le Plarwrl intn Permanent Oneration GtGa J ,7acua a •r .s a..rr• rr ... v........,��.....-. -_ _- _ -_-__ _____ PWS Name. Village of Tequeata PWS Tyoe:* _ - CornpIuoLv Non -Transient Non -Community PWS Owner: of requests _ __ ____.. _ _ . - _ PWS Identification No.:*4501438 171 Transient Non-Commtmitti Ll Consecutive Contact Person: MatthewHamrtwnd, F.E. Contact Persoes Title: ufta-olraaor Contact Person's Mailing Address: 345 Tewesta Dfive City: Tequesta State: Ft. ZipCode 33469 _ Contact Person's Telephone Number, (561) 768.0459 Contact Petson's Fax Number: Contact Petsods E-Mail Address: mhammontlutequemmm * This information is required only if the owner/operator is an existing PNW I. Professional En in s) or Other Persons in Responsible C Me of Desi ring Project* _ CmName: Ma*,R. a arm, inn. Designer(s): John P. Caimes Titles) pf Designer(s): Senior Project Manager fO1 9 Qualifications of Designer(s): [[ �� Professional Engineer(s) Licensed in Florida - License Number(s): 7A737 ® Public Officer(s) Employed by State, County, Municipal, or Other Governmental Unit of Stater Plumbing Contractor(s) Licensed in Florida -License Number(s):^ Mailing Address of Designer(s): 572a corporate way State: FL Zip Code: 33407 Cite: West Palm Beach Telephone Number of Designeri s)• 5614%"113 j Fax Number of Designert s): E-Mail Address(es) of DesignWs): john.caimes@mockroos.com * Except as noted in paragraphs 62-353,520(3)(a) and (b), F.A.C. projects shall be designed under the responsible charge of one or more professional engineers licensed in Florida. t Attach a detailed construction cost estimate showing that the cost to construct this project is SI0,000 or Jess. Attach documentation showing that this project will he installed by the plumbing contractor(s) designing this project, documentation showing that this project involves a public water stissterrr serving o singleproperty and fewer than 150 fixture units, and a detailed construction cost estimate showing that the cost to construct this project is $50.000 or less. A. Service Area, Water Use, and Service Pressure Information 1. Design Type and Number of Service Connections, and Average Daily Water Demands and Maximum -Day Water Demands, in .tip V_#,,. A— t- nr ,,,-a h, the Water Maint Reinu Constructed Under this Prvoiect: D - Total Average C = Average Daily Daily Water Deutand', Watcr Demand Per gpd (Calumas %C ear E = Total Maximum- B = Number of Service Service Connection, Residential Service Day Water Demand", A- T of Service Connection Connections gpd Connection) ; Sia:le-Family Honie noChaVe 0 Mobile Home mdmnw 0 0 Apartment no o 0 Cnn=ercini. Institutional, or industrial Facilii.- no mane T c I o a a. Description of Commercial, Institutional, or Industrial Facilities and Explanation of Method(s) Used to Estimate Average Daily Water Demand for These Facilities: NIA b. Explanation of Peaking Factors) or Method(s) Used to Estimate Maximum -Day Water Demand: NIA DEP Form 52 SSSAWO(7,Wwmate Page t EtteckW Augut+l 28. 7003 (Updaled 9epwnber8, 200) NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS_ FOR_PWSs Protect Name: acaw. Dr a rem@ eng� near. tma,Y.,,�„tw I Permittee: mew 2. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Design Peak -Hour Water Demand and, For Small Water Systems that Use Hydropneurnatic Tanks or that Are Not Designed to Provide Fire Protection, Peak Instantaneous Water Demand: NIA 3. Design Fire -Flow Rate and Duration: NIA 4. Design Service Pressure Range; — NIA B. Project Site Information — -- 1 . ATTACH A SITE PLAN OR SKETCH SHOWING THE SIZE AND APPROXIMATE LOCATION OF NEW OR ALTERED WATER MAINS, SHOWING THE APPROXIMATE LOCATION OF HYDRANTS, VALVES, METERS, AND BLOW - OFFS IN SAID MAINS, AND SHOWING HOW SAID MAINS CONNECT TO THE PUBLIC WATER SYSTEM SUPPLYING WATER FOR THE PROJECT. 2. Description of Any Areas Where New or Altered Water Mains Will Cross Above or Under Surface Water or Be Located in Soil that Is Known to He Aggressive: NIA C. Information About Compliance with Design and Construction Requirements I. If this project is being designed to comply with the following requirements, initial in ink before die requirements. If any of the following requirements do not apply to this project or if this project includes exceptions to any of the following requirements as allowed,lp rule, mark "X" before the requirements and complete Part U.C.2 below. RSW = Recommended Standards for Watt orlcs as incorporated into Rule 62-555.330, F.A.C. a. This project is being designed to keep existing water mains and service lines in operation during construction or to minimize interruption of water service during construction. [RSWW 1.3.a: czccptiaas allowed under FAC 62- 5553301 b. All pipe, pipe fittings, pipe joint packing and jointing materials, valves, fire hydrants, and meters installed under this project will conform to applicable American Water Works Association (AW WA) standards. [FAC 62-555.321(2101 R3WW8.0, and AW WA standards u incorporated into FAC 62-555.330; exceptions ellowet under FAC 62- 555.320(21)(c)) c. All public water system components, excluding fire hydrants, that will be installed under this project and that will come into contact with drinking water will conform to NSF International Standard tit as adopted in Rule 62-555,335, F.A.C., or other applicable standards, regulations, or requirements referenced in paragraph 62- 555.320(3)(b), F.A.C. [FAC 62-555.320(31Ib); exceptions oltowed under FAC 62-555.321)(3)(d)] d. All pipe and pipe fittings installed under this project will contain no more than 8.0%lead, and any solder or flux used in this project will contain no more than 0.2% lead. [FAC 62-555.3221 e. All pipe and pipe ratings installed under this will be -,G�.:, project color coded or marked in accordance with subparagraph 62-555.320(21)(b)3, F.A.C., using blue as a predominant color. (Underground plastic pipe will be solid -wall blue pipe, will have a co -extended blue external side, or will be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe will have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the axis of the pipe, that are located at no greater than 90-degree intervals around the pipe, and that will remain intact during and after installation of the pipe. If tape or paint is used to stripe pipe during installation of the pipe, the tape or paint will be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe; for pipe with an internal diameter of 24 inches or greater, tape or paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe, Aboveground pipe will be painted blue or will be color coded or marked like underground pipe.) [FAC 62- S55.320(21)(b)31 x f. All new or altered water mains included in this project are sized after a hydraulic analysis based on flow demands and pressure requirements. ATTACH A HYDRAULIC ANALYSIS JUSTIFYING THE SIZE OF ANY NEW OR AL'17EAED WATER MAINS WITH AN INSIDE DIAMETER OF LESS THAN THREE INCHES. (FAC 62-5S5.320(21)(b) mid RSWW9.11 y DfP Fowm 82-59.900MAftemate Page 3 E8rr*tr August 221, M (Updated 8eplembw B. 2015) I n n, NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTiON OF WATER MAIN EXTENSIONS FOR PWSs_ i D..,,..-Ala ex PMroVv pr i TogwW Bndao Dratnga ha_yraV"W is — litteC'~ affaw-ft g. The inside diameter of new or altered water mains that are included in this project and that are being designed to provide fire protection and serve fire hydrants will beat least six inches. [FAC 62-553.32((21xb) and RSWW S.t.2] h, New or altered water mains that are included in this project and that are ayl being designed to carry fire flows do Lqj have fire hydrants connected to them. [FAC 62-55532q(21l(b) and RSWW 8.1.51 i. This project is being designed to minimize dead-end water mains by making appropriate tie-ins where practical. [FAC 62-555.320(21)(b) and RSWW R.1.6.ai j. New or altered dead-end water maids included in this project will be provided with a fire or flushing hydrant or blow -oil ror flushing purposes. [FAC 62 555.320(21)(b) and RSWW 8-1.6.b] k. Sufficient valves will be provided on new or altered water mains included in this project so that inconvenience and Sanitary hazards will be minimized during repairs. [EAC 62-555.320(21)(b) sod RSWW 8.21 1. New or altered fire hydrant leads included in this project will have an inside diameter of at least six inches and will include an auxiliary valve. [FAC 62-555.320t21)tb) and RSWW 83.31 x in. All fire hydrants that will be installed under this project and that will have unplugged, underground drains will be located at least three feet from any existing or proposed storm sewer, skormwater force main, pipeline conveying reclaimed water regulated under Part 1H of Chapter 62-6 W, F.A.C., or vacuum -type sanitary sewer; at least six Feet from any existing or proposed gravity- or pressureAype sanitary sewer, wastewater force main, or pipeline conveying reclaimed water Mt regulated under Part 11i of Chapter 62-10, F.A.C.; and at least ten feet from any existing or proposed "on -site sewage treatment and disposal system." [FAC 62-555.314(4)] n. At high points where air can accumulate in new or altered water mains included in this project, provisions will be made to remove the air by means of air rcticf valves, and automatic air relief valves will not be used in situations where flooding of the valve manhole or chamber tray occur. [FAC 62-555.320(21)(b) and RSrr WS.4.1] x o. The open end of the air relief pipe from all automatic air relief valves installed under this project will be extended to at least one foot above grade and will be provided with a screened, downward -facing elbow. [FAC 62-555.320(21 Kb) and RSWW 8.4.2] p. New or altered ebarnbers, pits, or manholes that contain valet, blow -offs, meters, or other such water distribution system appurtenances and that are included in this project will not be connected directly to any sanitary or storm sewer, and blow-0ffs or air relief valves installed under this project will pot be connected directly to any sanitary or storm sewer. [FAC 62-555.320(2)Xb) and RSIVW t1.4.3J q. New or altered water trains included in this project will be installed in accordance with applicable AWWA standards or in accordance with manufacturers' recommended procedures. [FAC 62-555.320(21)(b), RSWW 8.5.1, and AWWA standards as incorporated into FAC 62-555.330] r. A continuous and uniform bedding will br provided in menthes for underground pipe installed under this project; backfill material will be tamped in layers around underground pipe installed under this project and to a sufficient height above the pipe to adequately support and protect the pipe; and unsuitably sized stones (as described in applicable AWWA standards or manufacturers' recommended installation procedures) found in trenches will be removed for a depth of at least six inches below the bottom of underground pipe installed under this project. [FAC 62-555.320(2 txb), RVWW 8.5.2] s. All water plain tees, beads, plugs, and hydrauts installed under this project will be provided with thrust blocks or restrained joints to prevent movement. [FAC 62-555.320(21)(b) and RSl4 W 8.5.41 t- New or altered water trains that are included in this project and that will be constructed of asbestos -cement or polyvinyl chloride pipe will be pres%= and leakage tested in accordance with AWWA Standard C603 or C605, respectively, as incorporated into Rule 62-555.330, F.A.C., and all other new or altetnd water mains included in this project will be pressure and leakage tested in accordance with AWWA Standard C600 as incorporated into Rule 62-555.330. (FAC 62-553.320(21)(b)l and AWWA saandards as incorporated into FAC 62-555.3301 U. New or altered water mains, including fire hydrant leads and including service lints that will be under the control of a public water system and that have an inside diameter of three inches or greater, will be disinfected and bacteriologically evaluated in accordance with Rule 62-555.340, F.A.C. [FAC 62-355.320(21)(b)2 and FAC 62- 555.3401 x v. New or altered water trains that are included in this project and that will be installed in areas where there arc known aggressive soil conditions will be protected through use of corrosion -resistant water main materials, through encasement of the water mairts in polyethylene, or through provision of cathodic protection. [FAC 62- 555.320(21)(b) and RSWW 8.5.7.dl DEP Forth 97-555.900(7)A1WmWa Page 4 Etfecave Au0ust 28.2003 (GoatedSeptembftra. Nis) I NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN _ EXTENSIONS FOR PWSs PrU►_ect Nei T}�, per- a & TIlqueea 6 Rdyr Dmdffta Jmp/prrmen� - — t PertnttteE'y�OerNruqueaq _ w. New or relocated, underground water mains included in this project will be laid to provide a horizontal distance) of at least three feet between the outside of the water main and the outside of any existing or proposed vacutDn- type sanitary sewer, storm sewer, stormwater force maim, or pipeline conveying reclaimed water regulated under Part III of Chapter 62-610, FAC,; a horizontal distance of at least six fat between the outside of the water train and the outside of any existing or proposed gravity -type sanitary sewer (or a horizontal distance of at least three feet between the outside of the water main and the outside of any existing or proposed gravity - type sanitary sewer if the bottom oflhe waier main will be laid aLleast six inches above the top of(hc sewer); a horizontal distance Of at least six feet between the outside of the water main and the outside of any existing or proposed pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Pan 11I1 of Chapter 62-610. F.A.C.; and a horizontal distance ofat least ten feet between the outside of the water main and all pans of any existing or proposed "on -site sewage treatment and disposal system." [FAC 62-355.314(1); exceptions allowed under FAC 62-555.314(M x. New or relocated, underground water trains that are included in this project and that will cross any existing or proposed gravity- or vactrwra-type sanitary sewer or storm sewer will be [aid so the outside of the water main is at least six inches above the other pipeline or at least 12 inches below the other pipeline; and new or relocated, underground water mains that are included in this project and that will cross any existing or proposed pressure - type sanitary sewer, wastewater or storamvater force milin, or pipeline conveying reclaimed rater will be laid so the outside of the water main is at least 12 inches above or below the other pipeline. [FAC 62-555,314(2); exceptions allowed under FAC 62-555314(5)] y. At the utility crossings described in Part R.C. I.w above, one full length of water main pipe will be centered above or below the other pipeline so the water rnain joints will be as far as possible horn the other pipeline er the pipes will be arranged so that all water main joints are at least three feet from all joints in vacuum -type sanitary sewers, storm sewers, stormwater force mains, or pipelines conveying reclaimed water regulated under Part 1T1 of Chapter 62-610, F.A.C., and at least six feet from all joints in gravity- or pressure -type sanitary sewers. wastewater force mains, or pipelines conveying reclaimed water not regulated under Part Ill of Chapter 62-610, F.A.C. [PAC 62.335,314(2); exceptions allowed nadcrFAC 62-555.314(5)1 x z. New or altered water mains that are included in this project and that will cross above surface water will be adequately supported and anchored, protected from damage and lieezing, and accessible for repair or replacement. [FAC 62-555.320(21)(b) and RSWW 8.7.11 x aa. New or altered water mains that are included in this project and that will cross under surface water will have a minimum cover of two feet, [FAC 62-355.320(2lxb) and RSWW 8.7.2j x bb. New or altered water mains that are included in this project and that will cross under surface water courses greater than 15 feet in width will have flexible or restrained, watertight pipe joints and will include valves at both ends of the water crossing so the 1lndcrwater maim can be isolated for testing and repair; the aforementioned isolation valves will be easily accessible and will not be subject to flooding; the isolation valve closest to the water supply source will be in a manhole; and pormanent taps will be provided on each side of the isolation valve within the manhole to allow for insertion of a small meter to determine leakage from the underwater main and to allow for sampling of water from the underwater train. [FAC 62-555.320(21xb) and RSWW 8.7.21 ee. This project is being designed to include proper backflow protection at those new ar altered service .— connections where backflow protection is required or recommended under Rule 62-555.360, F.A.C,, or in Recownended Practircfor BuckJloivPrevention and Cross -Connection Connol, AWWA Manual M14, as incorporated into Rule 62-555.330, F.A.C.; Q the public water system that will own this project after it is placed into operation has a cross -connection control program requiring water customers to install proper backflow protection at those service connections where backflow protection is required or recommended C under Rule 62-555.360, F.A.C., or in AWWA Manual M14. [FAC 62-555,360 and AwwA Manual M 14 as incorporated into FAC 62-355.3301 x dd_ Neither steam condensate, cooling water froth engine jackets, nor water used of conjunction with heat exchangers will be returned to the new or altered water mains included in this project, [FAC 62-555,320(21)(b) and RSW W 5.8.21 DEP Farm 02455.900(7)AAwrna% Page 5 Effective "-m 28.2003 (Urdafad September8, 2015) fil NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN _ EXTENSIONS FOR PWSs Pwi ect Name- Fin— nr & Ta"-8dtlge Drai-P W*- Perrnittee'yfe0' er Te +" je= 2. Explanation for Requirements Marked "V' in Part II.C.1 Above, Facluding Justification, Documentation, Assurances, and/or Alternatives as Required by Rule for Exceptions to Requirements in Part 1I.C.1: All items marked with an "X" do not apply to the proposed improvements. 1 completed Part Il of this notice, and the information provided in Part 11 and on the attachment(s) to Part II is true and accurate to the best of my xnowteage ana Deirer. Signature, Sea[, and Date of Professional Engineer (PE) or Signature and Date of Other Person in Respoagle Charge of Designing Project:* j. chi' 7 . I. qk OF ORID?'% p� /IIIII ll Prinied Twed Name: John P. Caimes _ License Numbcr of PF, or License Number or Title of Other Person in Responsible Charge of Designing Project:* 74737 Portion of Preliminary Design Report for Which Responsible: Entire Project Signature, Seal, and Date of Professional Engineer (PE) or Signature and Date of Other Person in Responsible Charge of Designing Project:* License Number of PE or License Number or Title of Other Person in Responsible Charge of Designing Project:* Portion of Preliminary Design Report for Which Responsible: projects shall be designed under the responsible charge of one or mare PEs licensed in Florida. If this project is being designed tinder the responsible charge of one or inure PEs licensed in Florida. Part if of this notice shall be completed. signed, sealed, and dated by the PE(s) in responsible charge. If this prgjecr is not being designed winder the responsible charge of one or more PEs licensed in Florida, Part II shall he completed. signed, and dated by the persun(s) in responsible charge of designing this project. DV Form 52£55.900(7)rutaeNe Page 6 Effective August let. 2003 (Updamd September 0. 20151 Erceot as noted in paragraphs NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name: P+r+slme nra requealr endg. Dre3iap• tmpiaeeayr0.s Permitter: vZaW of ragU-b A. Certification by Permittee I am duly authorized to sign this notice on behalfofthe permittee identified in Pan I.F of this notice. I certify that, to the best of my knowledge and belief, this project complies with Chapter 62-555, F.A.C. i also certify that construction of this project has tcLot begun yet and that, to the best of my knowledge and belief, this project does not include any of the following construction work: • construction of water mains conveying raw or partially treated drinking water; • construction of drinking water treatment, pumping, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by low -molecular -weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62-555.525(1), F.A.C.; or • construction of water mains that will remain dry following completion ofconstruction. (A specific construction permit is required for each project involving any of the above listed construction work.) I understand that, if this project is designed under the responsible charge of one or more professional engineers (PEs) licensed in Florida, the permitter must retain a Florida -licensed PE to take responsible charge of inspecting construction of this project for the purpose of determining in general if the construction proceeds in compliance with the Department of Environmental Protection construction permit, including the approved preliminary design report, for this project.. T understand that the permittee must have complete record drawings prepared for this project. I also understand that the permittee must submit a certification of construction completion to the Department and obtain written approval, or clearance, from the Department before the permittee places this project into operation for any purpose other than disinfection or testing for leaks. /�� Matthew Hammond, P.E. Utilities Director SiRnatare and Date B. Certification by PWS Supplying Water to Project Printed or Typed Name 'Title I am duly authorized to sign this notice on behalf of the PWS identified in Part I.G of this notice. I certify that said PWS will supply the water necessary to meet the design water demand, for this project. As indicated below, the water treatment plant(s) to which this project will be connected has(have) the capacity necessary to meet the design water demands for this project, and i certify that all other PWS components affected by this project also have the capacity necessary to meet the design water demands for this project. I cenify that said PWS is in compliance with applicable planning requirements in Rule 62-555348, F.A.C.; applicable cross -connection control requirements in Rule 62-555.360, F.A.C.; and to the best of my knowledge and belief, all other applicable rules in Chapters 62-550, 62-555, and 62-699, F.A.G.; furthermore, I certify that, to the best of my knowledge and belief, said PWS's connection to this project will tot cause said PWS to be in noncompliance with Chapter 62-550 or 62-555, F.A.C. I also certify that said PWS has reviewed the preliminary design report for this project and that said PWS considers the connection(s) between this project and said PWS acceptable as designed. • Name(s) of Water Treatment Plant(s) to Which Ibis Project Will Be Connected: Village of Teguesta Reverse Osmosis Plant; Village of Tequetsa Filter Treatment Plant Total Permitted Maximum Day Operating Capacity ofPlant(s), gpd: 6,330,000 gpd Total Maximum Day Flow at Piant(s) as Recorded on Monthly Operating Reports During Past 12 Months, gpd: 3,831,000 Wd Signature and Date Matthew Hammond, P.E Printed or Typed Name C. Certification by PWS that Will Own Project After It Is Placed into Permanent Operation Utilities Director Title I am duly authorized to sign this notice on behalf of the PWS identified in Part I.H of this notice. I certify that said PWS will own this project after it is placed into permanent operation. I also certify that said PWS has reviewed the preliminary design report for this project and that said PWS considers this project acceptable as designed. Signature and Date Matthew Hammond, P.E. Printed or Typed Name Utilities Director Title 0 oEF R m182-555.900(7)Aitemaiv Page 7 Eftecdve Augurs 28, 2003 (Updated September 0. 2015) 0 NOTICE OF INTENT TO USE THE GENERAL PER MIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs CroiectName: n?arega�erea.orAnr knn , iw _- -- .w. D, Certification by Professional Engineer(s) in Responsible Charge of Designing Project* 1, the undersigned professional engineer licensed in Florida, am in responsible charge of designing this project. i certify that, to the best of my knowledge and belief, the design of this project complies with Chapter 62-555, F.A.C. I also certify that, to the best of my knowledge and belief, this project is r-ot being designed to include any of the following construction work • construction of water mains conveying raw or partially treated drinking water; • construction of drinking water treatment, pumping, or storage facilities or conflict manholes; • construction of water mains in areas contaminated by tow -molecular -weight petroleum products or organic solvents; • construction of an interconnection between previously separate public water systems or construction of water mains that create a "new system" as described under subsection 62-555.525(I), F.A.G.; or • construction of water trains that will remain dry following completion of construction. A specific construction j•crmit is required for each project Signature. Seal, and * ; No ?naos y f. f. 'sYrEpF' F' �'' ��/t11111111 John P_ Calmes License Number:74737 - Portion of Preliminary Design Report for Which Responsible. - Entire Project of the above listed construction Signature, Seal, and Date: License Number: Porrion of Preliminary Design Report for Which Responsible: vicept as noted in paragraphs 62-555. 520(3)(a) and (b), F.A. C. projects shall be designed under the responsible charge of one or more professional engineer• (PEs) licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida, Part IILD of this notice shall be completed bt' the PE(s) in responsible charge. Ij'this project is not being designed under rite responsible charge of one or more PF,s licensed in Plorida, Part III.D does not have to he completed OEP Form 62-555900 )Nrernata Page 8 Effediva Au" 20.2003 {updafCd 5eprember a. 20'5f Client#: 353923, FERRECONST ACORD,. CERTIFICATE OF LIABILITY INSURANCE FDWTE(MM/DD/YYYY) 9/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Conner Strong & Buckelew 32 Old Slip, Suite 32B New York, NY 10005 CONTACT NAME: Glanna Costello PHONE 646-891-4983 F 646-843-3931 A/C, No Ext : A/C No : ADDRESS: 9costello@connerstrong.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Company 16535 INSURED Ferreira Construction Co., Inc. dba Ferreira Construction Southern Division Co., Inc.; 13000 SE Flora Avenue Hobe Sound, FL 33455 INSURER B : Endurance American Insurance Co. 10641 INsuRERc: Liberty Insurance Underwriters Inc 19917 INSURERD: Colony Insurance Company 39993 INSURER E: Navigators Insurance Company 42307 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR GLOO19785404 7/01/2020 07/01/2021 EACH OCCURRENCE $2,000,000 PREMISES E EaCcur.". $1,000,000 MED EXP (Any one person) $10,000 PERSONAL BADVINJURY $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY � ECT rXJ LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY ANY AUTO BAP019787305 7/01/2020 07/01/2021 COMBINED SINGLE LIMB Ea accident $2,000,000 X BODILY INJURY (Per person) $ X OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B UMBRELLA LIAB X OCCUR EXC30000705502 7/01/2020 07/01/2021 EACH OCCURRENCE s3,000,000 X AGGREGATE s3,000,000 EXCESS LU\B CLAIMS -MADE DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? � N / A WC019787404 7/01/2020 07/01/2021 OTH- X E.L. EACH ACCIDENT $1 OOO,OOO , E.L. DISEASE - EA EMPLOYEE $1 ,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below C Excess Liability 100030171703 7/01/2020 07/01/2021 $5M Occ. / $5M Agg D E Excess Liability I Excess Liability AR6461134 NY20EXCZ02BJWIV 7/01/2020 7/01/2020 07/01/2021I 07/01/2021I $5M Occ. / $5M Agg $12M Occ. / $12M Agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage: Contractors Professional/Pollution Carrier: Berkley Assurance Company (NAIC #39462) Effective: 07/01/2020 - 07/01/2021 Policy #: PCAB50121290720 Limits: Contractors Professional = $10,000,000 Each Claim & Aggregate (See Attached Descriptions) L,CK 111'11-.H I C r1ULVCK GANGELLATIUN Mock, Roos & Assoc., Inc. 5720 Corporate Way West Palm Beach, FL 33407 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE IV. ACORD 25 (2016/03) 1 of 2 #S2584949/M2559827 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DJU DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Occurrence & Aggregate Policy Aggregate Limit = $10,000,000 RE: FCC 4283 Pine Drive and Tequesta Drive Drainage Improvements ITB NO. UTIL 01-20 Mock, Roos & Assoc.,lnc. is an Additional Insured on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follows form. A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3 (2016/03) 2 of 2 #S2584949/M2559827 0 Additional Insured — Owners, Lessees Or Contractors — ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO 0197854-04 07/01/2020 07/01/2021 11498000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: FERREIRA CONSTRUCTION CO. , INC. Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured the person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Client#: 353923 FERRECONST ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/01 /2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONCNAME T Gianna Costello Conner Strong 8r Buckelew PHONE 646-891-4983 646-843-3931 A/C No Ext : A/C No 32 Old Slip, Suite 32B E-MAIL gcostello@connerstrong.com 9 V g•com New York. NY 10005 INSURED Ferreira Construction Co., Inc. dba Ferreira Construction Southern Division Co., Inc.; 13000 SE Flora Avenue Hobe Sound, FL 33455 INSURER(S) AFFORDING COVERAGE INSURER A: Zurich American Insurance Company INSURER B : Endurance American Insurance Co. INSURER C : Liberty Insurance Underwriters Inc INSURER D : Colony Insurance Company INSURER E : Navigators Insurance Company CAVFRAnFS CFRTIFICATF NIIMRFR- REVISION NLIMRFR- NAIC / 16535 19917 39993 42307 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MMIDD LIMITS _ A X COMMERCIAL GENERAL LIABILITY GLOO19785404 7/01/2020 07/01/2021 EACHOCCURRENCEs2,000,000 CLAIMS -MADE � OCCUR $1 000 000 PREMISES EaoNca"a". MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY s2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY � ECT LOC PRODUCTS - COMP/OP AGG $4 000,000 $ OTHER: * AUTOMOBILE LIABILITY BAP019787305 7/01 /2020 07/01/2021 Ea acddeD SINGLE LIMB 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS X AUTOS ONLY X AUTOS ONLY $ $ PROPERTY DAMAGE Per accident B UMBRELLA UAB X OCCUR EXC30000705502 7/01/2020 07/01/2021 EACH OCCURRENCE $3000000 XEXCESS AGGREGATE LIAB CLAIMS -MADE s3,000,000 FDEDTI RETENTION $ $ _ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? NI (Mandatory In NH) N / A WC019787404 7/01 /2020 07101 /2021 X PER FORTH - E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE -POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Excess Liability 100030171703 7101/2020 07/01/2021 $5M OCC. / $5M Agg D Excess Liability AR6461134 7/01/2020 07/01/2021 $5M OCC. / $5M Agg E Excess Liability NY20EXCZ02BJWIV 7/01/2020 07/01/2021 $12M Occ. / $12M Agg DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage: Contractors Professional/Pollution Carrier: Berkley Assurance Company (NAIC #39462) Effective: 07/01/2020 - 07/0112021 Policy #: PCAB50121290720 Limits: Contractors Professional = $10,000,000 Each Claim 8r Aggregate (See Attached Descriptions) Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 141. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S2581487/M2559827 DJU DESCRIPTIONS (Continued from Page 1) Pollution = $10,000,000 Each Occurrence & Aggregate Policy Aggregate Limit = $10,000,000 RE: FCC 4283 Pine Drive and Tequesta Drive Drainage Improvements ITB NO. UTIL 01-20 Village of Tequesta, Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors are Additional Insured on a primary and non-contributory basis on the above referenced Commercial General Liability and Automobile Liability Policies if required by written contract. Excess Liability Policy follows form. A waiver of subrogation applies as required by written contract and permitted by law. SAGITTA 25.3 (2016/03) 2 of 2 #S2581487IM2559827 Additional Insured — Owners, Lessees Or Contractors — ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO 0197854-04 07/01/2020 07/01/2021 11498000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: FERREIRA CONSTRUCTION CO. , INC. Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured the person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved, the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purpose of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV —Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.