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Home My WebLink AboutDocumentation_Regular_Tab 29_5/11/2023Agenda Item #29. Regular Council a STAFF MEMO Meeting: Regular Council -May 11 2023 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities N Consider Approval of Award and Execution of a Contract to B&B Underground Construction, Inc., for Water Main Replacement Program Projects No. 1 & No. 4, Modified to Include Only Project No. 4 (Country Club Dr. South) for an Amount Not -to -Exceed $2,070,965 The Village of Tequesta Utilities Department recommends approval of award and execution of a contract to replace aging asbestos cement (AC) pipe in Country Club Drive South and three related side streets, to the lowest responsible bidder, B&B Underground Construction, Inc. (B&B), for an amount not -to -exceed $2,070,965. The project is part of the phased aging asbestos cement (AC) water main (WM) and hydraulic improvements (fire protection) replacement program that the Village has planned. It was bid as "Invitation to Bid (ITB) No. UTIL 11-08-22/MC "Village of Tequesta Water Main (WM) Replacement Program Project No. 1 and No. 4" (Project), and has been modified in scope to only include WM replacement project No. 4. This is because the bids came in at about 60% higher than the "engineer's opinion of probable cost," and to reduce the amount of construction and inconvenience to Village customers and visitors. WM replacement project No. 1 which is along Tequesta Drive, has been projected for FY26 on the updated utilities capital plan. The project is to be funded from the first tranche of the Florida Department of Environmental Protection's (FDEP) State Revolving Loan Fund (SRF) that the Village has in place. The money for the project will be taken from the water fund, account 401-412-663.600. This project was originally scheduled to be bid and awarded in FY22 and the project funding was not budgeted or carried over in FY23, as shown in the table below for "Capital Projects Other Than Buildings." Funds will be used from "Water Main Replacement Program No. 3 — Jupiter in the Pines" since that project is deferred to a future year. Please see the following FY23 budget breakdown for projects from the water fund account 401-412-663.600 Capital Projects Other Than Buildings: Capital Projects 1 WTP Upgrades & Energy Resource Improvements 2 Water Main Replacement program — WM-1/4 — Tequesta Drive/ Country Club Dr. South* 3 Water Main Replacement Program — WM-2 — Beach Road Phase II (2/27/23 cost estimate $2.75M) 4 Water Main Replacement Program — WM 3 - Jupiter in the Pines (South) TOTAL Attachments: 1. Contract agreement B&B construction & VOT 2. Engineer's letter recommendation of bid award 3. Bid tabulation FY23 Budget Encumbered This Request Current Remaining $5,000,000 $0 $0 $5,500,000 $0 $0 $23070,965 N/A $1, 785, 000 $0 $0 $1, 785, 000 $3,570,000 $0 $0 $3,570,000 $1078559000 $0 $290709965 $1098559000 Page 1812 of 2350 Agenda Item #29. 4. FDEP letter of award authorization 5. Contract Docs &Tech Specs Set 6. Performance bond for WM Replacement Project #4 (Tequesta Drive & 3 side streets) This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: WM #1 &4 Replacement Proposed: $27070,965 BUDGET: $10,855,000 ENCUMBERED: $0 Projected Remaining: $8,784,035 Recommend approval of a contract with B&B Construction for a price not -to -exceed $2,070,965. (01) Agreement B&B Construction & VOT WM#(1 &)4 (02) Letter of Recommendation For Reduced Scope (03) 23.0413.Bid Tab without Tequesta Drive (04) FDEP Auth to Award Letter -Village of Tequesta DW502700 (05) Contract Documents and Tech Specs -FOR CONSTRUCTION (06) Performance Bond - B&B for WM Proj #4 -Country Club South & 3 side streets Page 1813 of 2350 Agenda Item #29. AGREEMENT =- BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT(STIPULATED PRICE � THIS AGREEMENT is by and between Village of Tecluesta "owner" and B&B Underground Construction, Inc. " (Contractor" }. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work = is generally described as follows: -- ARTICLE 2 -- THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: the installation of approximately 11000 linear feet of new 8-inch to 12-inch water main abandonment of existing water main and connections to side streets and related -r services fittings, and appurtenances. At this time the owner is only awarding the work included on Country Club Drive Country Club Circle Tradewinds Circle and Leeward Circle. Based on available funding and the Owner's discretion the work on Te uesta Drive may be awarded at a later date via Change order and will be awarded according to the Unit Prices included in the Bid Form. ARTICLE 3 -- ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Holtz Consultin Engineers. =_ 3.02 The owner has retained Holtz Consulting_ Engineers {"Engineer"} 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. 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. 4.02 Contract Times: Days A. The Work will be substantially completed within 180 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the _ g p _- General Conditions within 210 calendar days after the date when the Contract Times commence to run. _ oos 4 of 23 �0, Agreement Page l of 13 Agenda Item #29. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially'complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times. ARTICLE 5 — CONTRACT PRICE 5.01 owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A For all Work other than Unit P Work, a lump of: Price sum All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): 00520, Agreement Page 1815 of 2350 Page 2 of 13 Agenda Item #29. Item No. Description Unit Estimated Quantity Bid Unit Price Bid Amount 1A Mobilization, Demobilization, Bonds & Insurance (5%) 0.8 LS $175,000.00 $ 140,000.00 113 Maintenance of Traffic 0.$ LS $137,500.00 $ 1101000.00 1C As -built Record Drawings 0.7 LS $25,000.00 $ 171500.00 1D Audio Video Documentation 0.43 LS $3,500.00 $ 1,505.00 1E NPDES Permit/Erosion Measures 0.43 LS $15,000.00 $ 6,450.00 2 Furnish and Install 4-inch PVC Water Main 0 LF $250.00 $ - 3 Furnish and Install 6-inch PVC water Main 80 LF $250.00 $ 20,000.00 4 Furnish and Install 8-inch PVC Water Main 2020 LF $105.00 $ 212,100.00 5 Furnish and Install 10-inch PVC Water Main 2620 LF $112.00 $ 293,440.00 ❑ rur rllbll driu HINW11 lc-111Lri rvL. vvdLer ividiri U Lr :�SUumu _> -- 7 Furnish and Install 10-inch HDPE Water Main ❑ LF $115.00 $ - 8 Furnish and Install 12-inch HDPE Water Main 570 LF $117.00 $ 66,690.00 9 Furnish and Install Ductile Iron Fittings 3.7 Tons $22,500.00 $ 83,250.00 10 Furnish and Install 10" PVC/HDPE Transition Adapter 0 EA $450.00 $ - 11 Furnish and Install 12" PVC/HDPE Transition Adapter 4 EA $500.00 $ 2,000.00 12 Furnish and Install 4-Inch Gate Valve with Valve Box 0 EA $1,500.00 $ -- 13 Furnish and Install 6-Inch Gate Valve with Valve Box 0 EA $2,000.00 $ - 14 Furnish and Install 8-Inch Gate Valve with Valve Box 7 EA $ 2, 500.00 $ 17, 500.00 15 Furnish and Install 10--Inch Gate Valve with Valve Box 15 EA $4, 000.00 $ 60, 000.00 16 Furnish and Install 12-Inch Gate Valve with Valve Box 0 EA $51500.00 $ - 17 Furnish and Install Fire Hydrant Assembly w/ 6" GV AND Valve Box 8 EA $7,500.00 $ 60,000.00 18 Furnish and Install 24" X 24" Concrete Collar w/ Tracer Wire Access Box 2 EA $1,000.00 $ 21000.00 19 Connect New Water Main to Water Main (6" to 12") 7 EA $6,000.00 $ 42,000.00 20 Furnish and Install Blow -Off Assembly 3 EA $2,500.00 $ 71500.00 21 2" Fill and Flushing Assembly 7 EA $2,200.00 $ 15,400.00 22 Furnish and Install Sample Point 15 EA $650.00 $ 9,750.00 23 Furnish and Install Short Single Service 24 EA $2,500.00 $ 60,000.00 24 Furnish and Install Long Single Service (Directional Bore w/ Casing) 22 EA $4,100.00 $ 90,200.00 25 Furnish and Install Short Double Service 5 EA $3,500.00 $ 17,500.00 26 Furnish and Install Long Double Service (Directional Bore w/ Casing) 11 EA $5,100.00 $ 56,100.00 27 Pressure Testing and Chlorinating New Water Main 5290 LF $2.00 $ 10580.00 28 Cap, Grout, and Abandon Existing 4" AC Pipe ❑ LF $6.00 $ - 29 Cap, Grout, and Abandon Existing 6" AC Pipe 100 LF $7.50 $ 750.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 6700 LF $8,00 $ 53,600.00 31 Cap, Grout, and Abandon Existing 10" AC Pipe ❑ LF $9.00 $ - 32 C t S'd lk 5❑ SY oncre a ewa $100.00 L$ 5,000.00 _ 00520, Agreement Page 1816 w 2 :-_- Page 3 of 13 Agenda Item #29. -- 33 Brick Paver Sidewalk 0 SY $300.00 $ 34 Gravel Driveway Crossing and Restoration 0 SY $65.00 $ 35 Asphalt Driveway crossing and Restoration 220 SY $220.00 $ 48,400.00 36 Concrete Driveway Crossing and Restoration 440 SY $120.00 $ 52,800.00 37 Stamped Concrete Driveway Grassing and SY Restoration 40 $210.00 $ 5,400.00 38 Brick Paver Driveway Crossing and Restoration 460 SY $115.00 $ 52,900.00 39 Asphalt Pavement Crossing and Restoration 600 SY $80.00 $ 48,000.00 40 Mill and Overlay Existing Asphalt Road 1445 SY $35.00 $ 50,575.00 41 Sodding 6200 SY $11.50 $ 71,300.00 42 Tree & Shrubbery Restoration 1 LS $45,000.00 .$ 45,000.00 43 Miscellaneous Restoration 0.9 LS $149,250.00 $ 134,325.00 4 4 Root Barrier 400 LF $17.50 $ 7,Q00.00 45 Furnish and Install 4" Line Stop Assembly �. EA $8,750.00 $ 8,750.00 46 Furnish and Install 6" Line Stop Assembly 1 EA $9,800.00 $ 9,800.00 47 Furnish and Install 8" Line Stop Assembly 1 EA $10,600.00 $ 10,600.00 48 Furnish and Install 10" Line Stop Assembly 1 EA I $12,300.00 $ 12,300.00 49 Owner's Allowance 1 L5 $501000.00 $ 50,000.00 Total of all Extended Prices for Unit Price work {subject to final adjustment based on 2,070,965 60 actual quantities} The extended prices for Unit Price work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, ba estimatedquantities uantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) D. For all work at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. ' Applications for Payment will be processed by Engineer as provided in the pp General Conditions. 6.02 Progress Payments; Retainage progress A. Owner shall make payments on account of the Contract Price on the basis of �T--_ Contra ctor's Applications for Payment on or about the day of each month during performan ce of the work as provided in Paragraph 6.02.A.1 below, provided that such Applicati ons for Payment have been submitted in a timely manner and otherwise meet the requi rements of the Contract. All such payments will be measured by the Schedule of Values established pr ovided rovided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Subs tantial Completion, progress payments will be made in an amount equal to the indicated below but, in each case, less the aggregate of payments percentage previously reviousl made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract 00520, Agreement age 1817 of 2350 Page 4 of 13 Agenda Item #29. ---"' a. 95 percent of Work completed (with the balance being retainage). If the work has been 50 percent completed as determined by Engineer, and if the character and progress of the work have been satisfactory to owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, the retainage will be reduced in accordance with Florida Statute 218.735; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, owner shall pay an amount sufficient to increase total payments to Contractor to 744� percent of the work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less = percent of Engineer's estimate of the value of work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 -- INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of percent per annum. ARTICLE 8 -- CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. 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. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacentto the Site and all drawings of physical conditions relatingto 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 relating 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. E. 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 r 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, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. 00520, Agreement 8 of 235 Page 5 of 13 Agenda Item #29. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. C. 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 the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. i. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractorthat without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 --- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement } (pages 1 to~3-, inclusive . 2. Performance bond (pages, . :Y, inclusive). Perfor �*2�� to ��4=�=��. i . 3 Payment bond .R"=��(pages .}�, a �j, inclusive). 4. other bonds. a. _ (pages _ to.- inclusive). b. _ (pages _ to inclusive). C. _ (pages _ to. inclusive). 5. General Conditions (pages 1 to 70 ,inclusive). 6. Supplementary Conditions (pages 1 to 11 ,inclusive). 7. SRF Supplemental Conditions (Sections 00801 and 00802). S. Specifications as listed in the table of contents of the Project Manual. 9. Drawings (not attached but incorporated by reference) consisting of 20 sheets with each sheet bearing the following general title: Village of Tequesta AC Water Main Replacement Project (WM-01 & WM-041 10. Addenda (numbers 1 to 3 ,inclusive). 11. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 51, inclusive). 12. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. 0052% Agreement Page 1819 of 2350 Page 6 of 13 Agenda Item #29. e. Change orders. d. Field orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 0. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. owner and Contractor each binds itself, its successors, assigns, and legal representatives to the Other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05 : 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 influence the bidding process or the execution of the Contract to the detriment 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; 00520, Agreement age 0 of 235 Page 7of13 Agenda Item #29. 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 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. 10.05 Indemnity A. The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the Owner., its council members, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, Contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of this Contract. The Contractor's liability hereunder shall include all attorney's fees and costs incurred by the Owner in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. B. Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against the Owner and, in connection with such defense, shall appoint lead counsel, in each case at the Contractor's expense. The Owner shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. if the Contractor assumes control of the defense of any third party claim in accordance with this paragraph, the Contractor shall obtain the prior written consent of the owner before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Owner and all expenses, including experts' fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the Owner, be detrimental in any material respect to the owner's reputation; (ii) the third party claim seeks an injunction or equitable relief against the owner; or (iii) the Contractor has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. C. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statues. Nothin contained in the foregoing indemnification shall be construed as a waiver g of any v immunit or limitation of liability the owner may have under the doctrine of sovereign immunity or Section 768.28) Florida Statutes, 10.07 Governing Law and Remedies ge 1821 of 2350 00520, Agreement == Agenda Item #29. F. A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed b the laws of the St ate tate of Florida and venue for any and all disputes related to or arisingfrom this Agreement g ree meat shall be in Palm Beach County, Florida. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in additio n to every other remedy given hereunder or now or hereafter existing at law or in equity q y or by statute or otherwise. No single or partial exercise by any art of right, p Y anypower, or remedy hereunder shall preclude any other or further exercise thereof, 10.08 Office of the Inspector General A. Palm Beach County has established the office of the Inspector General, ,which is authorized and empowered to review past, present, and proposed Count r y programs,, gams, contracts, transactions, accounts and records. The Inspector General (iG ) has the power to subpoena witnesses, administer oaths, require the production of records and monitor e and programs. The Inspector " existing projects p General may, on a random basis, perform audits on all Owner contracts. 10.09 Public Records Contractor shall comply with Florida's Public Records Act, Chapter 119 Florida p iStatutes, and, if determined to be acting on behalf of the Owner as provided under se ction ection 119.011(2), Florida Statutes, specifically agrees to; ,(al Keep and maintain public records required by the Owner to perform the service. 11 Upon request from the Owners's custodian of public records ds or designee, provide the Owner with a copy of the requested records or allow the records to be inspected p tied or copied within a reasonable time at a cost that does not exceed the cost provided in Chap ter pter 119, Florida Statutes, or as otherwise provided by law. Lcl Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Contract and following completion of this Contract if the Contractor does not transfer the records to the Owner. hQ Upon completion of this Contract, transfer, at no cost to th e owner all public records in possession of the Contractor or keep and maintain public records required b q y the owner to perform the service. if the Contractor transfers all public records to the Ow ner upon completion of the Contract, the Contractor shall destroy any duplicate public p p retards that are exempt or confidential and exempt from public records disclosure requirements. If th e he Contractor keeps and maintains public records upon completion of the Contract, the Contractor shal l requirements for retaining public records. All records stored electronicallybe on request from the 0 must provided to the owner, upon q Owner's custodian of public records or designee, in a format that: is compatible with the information technology systems of the Ow ner. caner. _ i IF THE CONTRACTOR HAS � f QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING T - O THIS �oNTRA�T, CONTACTTHE 00520, Agreement 2 of 235,.- Page 9 of 13 Agenda Item #29. CUSTODIAN of PUBLIC RECORDS RDS OR DESIGNEE AT 561-768-0443, Imcwilliams9teguesta. oR BY MAIL AT VILLAGE of TEQUESTA, 345 TEQUESTA DRIVE, TEQU ES , ��, - �- TA FL 33469. 10.10 insurance fo - liability •ty r11nsurance required by Paragraph ��:��-� AThe limits of lE� h 6.03 of the General Conditions shall . g p provide coverage for not le ss that the following amounts or greater where required by Law and Regulations: ' and related coverages under Paragraphs 6.03.A.1 and A.2 of 1. Workers' Compensation, the General Conditions: a. State Statutory b. Applicable Federal Statutory c. Employer Liability: Bodily injury, each accident �n� $1,000,000 Bodily injury by disease, each employee $500,000 Bodily injury/disease aggregate $11000)000 d. Foreign Voluntary worker compensation Statutory 2. Contractor's Commercial General Liability under Paragraphs 6.03.E and 6.03.0 of the General Conditions: a. General Aggregate $2,000,000 b. Products -- Completed Operations Aggregate $2,000,000 c. Personal and Advertising Injury $1,000,000 d. Each occurrence $11000)000 (Bodily Injury and Property Damage) 3 Automobile Liability under paragraph 6.03.1) of the General Conditions: a. Bodily Injury: Each Person $500,000 Each. Accident $11000)000 b. Property Damage: Each Incident $11000)000 4. Umb rella of Excess Liability under paragraph 6.03.E of the General Conditions: a. Excess or Umbrella Liability 1) General Aggregate $51000)000 2) Each Occurrence $1J000J000 5. Contractor's ractor's Pollution Liability under paragraph 6.03.E of the General Conditions: a. Contractor's Pollution Liability 1) General Aggregate $2,000,000 2) Each Occurrence $1,000,000 6. Additional Ins ureds include the respective officers, partners, directors, employees, agents, consultants, and subconsultants of the following firms and municipal government(s): a. Village of Tequesta 00520, Agreement - Page 10 of 13 Page 1823 of 235 Agenda Item #29. 10.11 Audit By owner A. The Contractor shall permit the Owner, or any authorized representatives of the Own er, at all reasonable times, access to and the right to examine all records books a p pers or documents related to the Contractor's performance under this Agreement including, but not limited to, expenses for sub -contractors, agents or assistants, direct and indirect cha rges for work performed and detailed documentation for all such work performed or to be under this Agreement. performed 10.12 Copies of Data/Documents A. Copies or original documents prepared by the Contractor in relation to work associated with this Agreement shall be provided to the Owner. Data collected, stored, provided and/or p d shall be in a form acceptable to the Owner and agreed upon by the Owner. 10.13 Ownership A. Each and every report, draft, work product, map, record, and other document reproduced, p uced, prepared, or caused to be prepared by the Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the owner. 10.14 Limitations of Liability A. Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non-com ensator damages. p y 10.15 Enforcement Costs A. All parties shall be responsible for their own attorneys' fees, court costs and expenses if p � any legal action or other proceeding is brought for any dispute, disagreement, or issue ssue of construction or interpretation arising hereunder whether relating to the Agreement's execution, validity, the obligations provided therein, or performance of this , A reement or Agreement,because of an alleged breach, default or misrepresentation in connection with an r y provisions of this Agreement. 10.16 Copyrights and/or Patent Rights A. Contractor warrants that there has been no violation of rights patent or and copyrights g 1 p in the manufacturing, producing or selling of the goods, shipped or ordered as a result of this Agreement and the Contractor agrees to hold the owner harmless from an and all liability, Yj loss, or expense occasioned by any such violation. 10.17 Protection of Property A. The Contractor shall at all times guard against damage or loss to .the of the O property caner or of other vendors or contractors and shall be held responsible for replacing repairing p g or p g any such- loss or damage. The Owner may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to r g property through negligence of the successful Contractor or its agents. The Contractor shall be responsible to safeguard all of their property such as tools and equipment while on site. The Owner will not be held responsible for any loss of Contractor property due to theft or vandalism. p Y 10.1 S Damage to Persons or Property 3 5 A. The responsibility for all damage to person or property arising out of or an account of Scope of Work done under this Contract shall rest upon the Contractor. 00520, Agreement 4 of 235 Page 11 of 13 a Agenda Item #29. 10.19 Discrimination A. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, political affiliation, marital status, handicap, or sexual orientation. Further, Contractor shall not discriminate or permit discrimination against any employee or an applicant for employment on the basis of race, color, sex, religion, political affiliation, natural origin, ancestry, marital status, sexual orientation or handicap. 10.20 Construction Defects A. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 5581, F LO R I DA STATUTES. 10.21 Public Entity Crimes Contractor 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 30 months following the date of being placed on the convicted vendor list. The Contractor will advise the owner immediately if it becomes aware of any violation of this statute. 10.22 Scrutinized Companies A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135, Florida -Statutes, the Owner may immediately terminate this Agreement at its sole option if the Contractor or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Agreement. B. If this Agreement is for one million dollars or more, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, the owner may immediately terminate this Agreement at its sole option if the Contractor, or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. C. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. The Contractor agrees that the certifications in this section shall be effective and relied upon by the Owner for the term of this Agreement, including any and all renewals. E. The Contractor agrees that if it or any of its subcontractors' status changes in regards to any certification herein, the Contractor shall immediately notify the Owner of the same. 00520Agreement - 825 of 2350 Page 12 of 13 Agenda Item #29. F. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. IN WITNESS WHEREOF, owner and Contractor have signed this Agreement. This Agreement will be effective on _- __ -_ (which is the Effective Date of t �� he Contra�t). VILLAGE: 032 Title: Attest: Title: Approved as to Form: Title: CONTRACTOR: B&B Underground Construction By: f Mayor Title:� S (Seal) Village C The foregoing instrument was sworn to(or g Jerk affirmed) and subscribed before this day of 2D who is [ personally know to me or who has produced a as - identi oath. FELIPE A. LOFASO _ Notary Public -State of Florida =* *� Commission # GG 940072 (Seal) '�•',o�f��;+``y MY Commission Expires '•''1+1''' December S, 20 23 Village Attorney Address for giving notices: Village Manager 345 Tequesta Drive Notary Publi State of Flor Address for giving notices: _ Tequesta FL, 33469 License No.: .. 6 y (where applicable) = µ4 Page 1826 of 2350 00520, Agreement Agenda Item #29. 1H[4qEE HOLTZ CONSULTING ENGINEERS, INC May 1, 2023 Ms. Marjorie G. Craig, PE Director Village of Tequesta Utilities Department 345 Tequesta Drive Tequesta, FL 33469 Subj ect: Village of Tequesta Water Main Replacement Program Project No. I and No. 4 Recommendation of Award to B&B Underground Construction, Inc. Dear Ms. Craig, On December 15, 2022 at 2:00 p.m. bids were opened for the referenced project. There were two (2) bids accepted for the project as follows: Bidder Bid Amount B&B Underground Construction, Inc. $3,5601490.00 Municipal Contractors $3071000.00* *Corrected bid amount The bids were reviewed by Holtz Consulting Engineers, Inc. (HCE) to evaluate whether the bids are responsive to the bid submittal requirements. We also contacted references and reviewed qualifications to evaluate if the bidders are considered to be responsible and qualified to construct the work. The apparent low bidder was B&B Underground Construction, Inc. with a Total Bid Amount of $3,560,490.00. Their bid was reviewed and included the required bid bond in the amount of five percent of their bid from an acceptable surety company according to the US Department of Treasury. They acknowledged receipt of the addenda in the bid form. Their bid was determined to be responsive. B&B Underground Construction has completed many projects in South Florida, including projects involving installation of water main. The references contacted indicated that they completed their projects generally on time, within budget, and in conformance with the contract documents. B&B Underground Construction will use Eastern Pipeline Construction as their directional drill subcontractor, Lidonni Company as their paving subcontractor, and Spada Flatwork for their concrete subcontractor. B&B Underground Construction will self -perform the open -cut underground piping. B&B Underground Construction is a corporation in good standing with the Florida Department of State Division 270 South Central Boulevard, Suite 207 • Jupiter, Florida 33458 Office: 561.575.2005 9 Fax: 561.575.2009 Page 1827 of 2350 Agenda Item #29. 1H[4qEE HOLTZ CONSULTING ENGINEERS, INC of Corporations and holds a General Contractor license from the State of Florida. We therefore consider B&B Underground Construction to be a responsible bidder. In February the Village Council approved awarding the contract to B&B Underground Construction, Inc. At this time the Village would like to award the project with the exception of the water main replacement on Tequesta Drive. Based on the unit price items from their bid and negotiated costs for the lump sum bid items, B&B Underground provided a price for the reduced scope of work of $2,070,965. Based on the above information, Holtz Consulting Engineers, Inc. can recommend award of the contract to B&B Underground Construction Inc. in the amount of $2,070,965. Sincerely, HOLTZ CONSULTING ENGINEERS, INC. Stephen Fowler, PE cc: 270 South Central Boulevard, Suite 207 • Jupiter, Florida 33458 Office: 561.575.2005 9 Fax: 561.575.2009 Page 1828 of 2350 Agenda Item #29. BID TAB Village of Tequesta Water Main Replacement Program Project No. 1 and No. 4 RAR Ilndprurmind ITEM NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT 1A Mobilization, Demobilization, Bonds & Insurance (5%) 0.8 LS $175,000.00 $ 140,000.00 1B Maintenance of Traffic 0.8 LS $137,500.00 $ 110,000.00 1C As -built Record Drawings 0.7 LS $25,000.00 $ 17,500.00 1D Audio Video Documentation 0.43 LS $3,500.00 $ 1,505.00 1E NPDES Permit/Erosion Measures 0.43 LS $15,000.00 $ 6,450.00 2 Furnish and Install 4-inch PVC Water Main 0 LF $250.00 $ - 3 Furnish and Install 6-inch PVC Water Main 80 LF $250.00 $ 20,000.00 4 Furnish and Install 8-inch PVC Water Main 2020 LF $105.00 $ 212,100.00 5 Furnish and Install 10-inch PVC Water Main 2620 LF $112.00 $ 293,440.00 6 Furnish and Install 12-inch PVC Water Main 0 LF $500.00 $ - 7 Furnish and Install 10-inch HDPE Water Main 0 LF $115.00 $ - 8 Furnish and Install 12-inch HDPE Water Main 570 LF $117.00 $ 66,690.00 9 Furnish and Install Ductile Iron Fittings 3.7 Tons $22,500.00 $ 83,250.00 10 Furnish and Install 10" PVC/HDPE Transition Adapter 0 EA $450.00 $ - 11 Furnish and Install 12" PVC/HDPE Transition Adapter 4 EA $500.00 $ 2,000.00 12 Furnish and Install 4-Inch Gate Valve with Valve Box 0 EA $1,500.00 $ - 13 Furnish and Install 6-Inch Gate Valve with Valve Box 0 EA $2,000.00 $ - 14 Furnish and Install 8-Inch Gate Valve with Valve Box 7 EA $2,500.00 $ 17,500.00 15 Furnish and Install 10-Inch Gate Valve with Valve Box 15 EA $4,000.00 $ 60,000.00 16 Furnish and Install 12-Inch Gate Valve with Valve Box 0 EA $5,500.00 $ - 17 Furnish and Install Fire Hydrant Assembly w/ 6" GV AND Valve Box 8 EA $7,500.00 $ 60,000.00 18 Furnish and Install 24" X 24" Concrete Collar w/ Tracer Wire Access Box 2 EA $1,000.00 $ 2,000.00 19 Connect New Water Main to Water Main (6" to 12") 7 EA $6,000.00 $ 42,000.00 20 Furnish and Install Blow -Off Assembly 3 EA $2,500.00 $ 7,500.00 21 2" Fill and Flushing Assembly 7 EA $2,200.00 $ 15,400.00 22 Furnish and Install Sample Point 15 EA $650.00 $ 9,750.00 23 Furnish and Install Short Single Service 24 EA $2,500.00 $ 60,000.00 24 Furnish and Install Long Single Service (Directional Bore w/ Casing) 22 EA $4,100.00 $ 90,200.00 25 Furnish and Install Short Double Service 5 EA $3,500.00 $ 17,500.00 26 Furnish and Install Long Double Service (Directional Bore w/ Casing) 11 EA $5,100.00 $ 56,100.00 27 Pressure Testing and Chlorinating New Water Main 5290 EA $2.00 $ 10,580.00 28 Cap, Grout, and Abandon Existing 4" AC Pipe 0 EA $6.00 $ - 29 Cap, Grout, and Abandon Existing 6" AC Pipe 100 LF $7.50 $ 750.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 6700 LF $8.00 $ 53,600.00 31 Cap, Grout, and Abandon Existing 10" AC Pipe 0 LF $9.00 $ - 32 Concrete Sidewalk 50 LF $100.00 $ 5,000.00 33 Brick Paver Sidewalk 0 LF $300.00 $ - 34 Gravel Driveway Crossing and Restoration 0 SY $65.00 $ - 35 Asphalt Driveway Crossing and Restoration 220 SY $220.00 $ 48,400.00 36 Concrete Driveway Crossing and Restoration 440 SY $120.00 $ 52,800.00 37 Stamped Concrete Driveway Crossing and Restoration 40 SY $210.00 $ 8,400.00 38 Brick Paver Driveway Crossing and Restoration 460 SY $115.00 $ 52,900.00 39 Asphalt Pavement Crossing and Restoration 600 SY $80.00 $ 48,000.00 40 Mill and Overlay Existing Asphalt Road 1445 SY $35.00 $ 50,575.00 41 Sodding 6200 LS $11.50 $ 71,300.00 42 Tree & Shrubbery Restoration 1 LS $45,000.00 $ 45,000.00 43 Miscellaneous Restoration 0.9 LS $149,250.00 $ 134,325.00 44 Root Barrier 400 LF $17.50 $ 7,000.00 45 Furnish and Install 4" Line Stop Assembly 1 EA $8,750.00 $ 8,750.00 46 Furnish and Install 6" Line Stop Assembly 1 EA $9,800.00 $ 9,800.00 47 Furnish and Install 8" Line Stop Assembly 1 EA $10,600.00 $ 10,600.00 48 Furnish and Install 10" Line Stop Assembly 1 EA $12,300.00 $ 12,300.00 SubTotal $ 2,020,965.00 Alt 1 Owners Allowance 1 EA $50,000.00 1 $ 50,000.00 Total $ 2,070,965.00 Page 1829 of 2350 Agenda Item #29. ENxa�. pro January 26, 2023 FLORIDA DEPARTMENT OF Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, FL 32399 Ms. Marjorie G. Craig, P.E. Director, Utilities Department Village of Tequesta 345 Tequesta Dr. Tequesta, Florida 33469 Re: DW502700 — Village of Tequesta Water Main Replacement Program No. 1 & No. 4 Dear Ms. Craig: Ron DeSantis Governor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary We have reviewed the bidding information for the Water Main Replacement Program No. 1 & No. 4 contract. The selection of the bidder identified below is acceptable. Contractor Contract Amount B&B Underground Construction, Inc. $ 3,560,490.00 This letter is your authorization to award the contract. Please note that disbursements only up to the amount in the original agreement are eligible until approval of increased funding. Please also note that contingencies are not SRF-eligible unless approved by change order. Please submit a copy of the notice to proceed, a copy of the executed contract between the Village and the contractor, and the attached certification of contractor's insurance and bonding after the contract is executed via email at SRF—Reportinggdep. state.fl.us. No disbursements for this contract will be made until the documents mentioned above are returned to us. Please send all change orders to Mahnaz Massoudi for review. If we may be of further assistance, please call Charles Richards at (850) 245-2926. Sincerely, Teresa Robson, Program Administrator State Revolving Fund Management TR/cr Attachment cc: Christine Miranda, P.E. - Holtz Consulting Engineers, Inc. Page 1830 of 2350 Agenda Item #29. CONTRACT DOCUMENTS & TECHNICAL SPECIFICATIONS FOR VILLAGE OF TEQUESTA Water Main Replacement Program Project No. 1 & No. 4 November 2022 Prepared by: Holtz Consulting Engineers, Inc. 270 South Central Boulevard, Suite 207 Jupiter, FL 33458 (561) 575-2005 Page 1831 of 2350 Agenda Item #29. TABLE OF CONTENTS BIDDING AND CONTRACT REQUIREMENTS ADVERTISEMENT..............................................................................................................00111 INSTRUCTIONS TO BIDDERS..................................................................... 00200 BIDFORM............................................................................................................................00410 BIDBOND............................................................................................................................00430 TABULATION OF SUBCONTRACTORS AND SUPPLIERS...........................................00431 FLORIDA TRENCH SAFETY ACT CERTIFICATION.....................................................00440 QUALIFICATION STATEMENT........................................................................................00451 BIDDER'S STATEMENT.................................................................................................... 00452 NONCOLLUSION AFFIDAVIT........................................................................................... 00453 DRUG -FREE WORKPLACE CERTIFICATE...................................................................... 00454 PUBLIC ENTITY CRIMES................................................................................................... 00455 SCRUTINIZED COMPANIES CERTIFICATION FORM...................................................00456 AGREEMENT........................................................................................................................ 00520 PERFORMANCEBOND......................................................................................................00610 PAYMENTBOND................................................................................................................. 00615 GENERALCONDITIONS....................................................................................................00700 SUPPLEMENTAL CONDITIONS........................................................................................00800 SRF SUPPLEMENTAL CONDITIONS (CONSTRUCTION) ............................................. 008011 SRF SUPPLEMENTAL CONDITIONS (EQUIPMENT /MATERIALS)...........................00802 DAMS -BACON WAGE RATES (PALM BEACH COUNTY, HEAVY CONST.) ............ 00820 AMERICAN IRON AND STEEL GUIDANCE.................................................................... 00841 WORK CHANGE DIRECTIVE.............................................................................................00940 CHANGEORDER................................................................................................................00941 FIELDORDER......................................................................................................................00942 ALLOWANCERELEASE....................................................................................................00943 TOC-1 Page 1832 of 2350 Agenda Item #29. ADDENDA................................................................................................ ADD TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS SUMMARYOF WORK..........................................................................................................01000 MEASUREMENT AND PAYMENT.....................................................................................01025 COORDINATION AND MEETINGS....................................................................................01039 SUBMITTALS........................................................................................................................01300 CONSTRUCTION SCHEDULES...........................................................................................01310 PRE -CONSTRUCTION AUDIO -VIDEO DOCUMENTATION..........................................01360 QUALITYCONTROL............................................................................................................01400 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS...................................01500 MATERIAL AND EQUIPMENT...........................................................................................01600 CONTRACTCLOSEOUT......................................................................................................01700 RECORDDOCUMENTS.......................................................................................................01720 GENERAL REQUIREMENTS...............................................................................................01750 DIVISION 2 - SITE WORK UTILITYCONSTRUCTION..................................................................................................02000 DEWATERING....................................................................................................................... 02140 GRADING...............................................................................................................................02210 TRENCHING, BEDDING, AND BACKFILL FOR PIPE.....................................................02225 EROSION, SEDIMENTATION, AND DUST CONTROL...................................................02270 TRENCHLESS INSTALLATION OF PRESSURE MAINS BY DIRECTIONAL BORING HORIZONTAL DIRECTIONAL DRILLING (HDD) ...............02320 CONCRETE CURB AND GUTTER RESTORATION.........................................................02526 PIPE AND FITTINGS - GENERAL.......................................................................................02660 HIGH DENSITY POLYETHYLENE (HDPE) AWWA PIPE AND FITTINGS ...................02661 POLYVINYL CHLORIDE (PVC) PRESSURE PIPE............................................................02662 TOC-2 Page 1833 of 2350 Agenda Item #29. DUCTILEIRON PIPE............................................................................................................02666 FITTINGS, VALVES AND APPURTENANCES..................................................................02668 ASPHALT CONCRETE PAVING.........................................................................................02740 PAVEMENT MARKING AND SIGNAGE...........................................................................02846 SODDING................................................................................................................................ 02936 SHRUBBERY& TREES........................................................................................................02937 DIVISION 3 - CONCRETE CONCRETEWORK...............................................................................................................03300 DIVISION 4 - MASONRY NOT USED DIVISION 5 - METALS NOT USED DIVISION 6 - WOOD AND PLASTICS NOT USED DIVISION 7 - THERMAL AND MOISTURE PROTECTION NOT USED DIVISION 8 - DOORS AND WINDOWS NOT USED DIVISION 9 - FINISHES NOT USED DIVISION 10 - SPECIALTIES NOT USED DIVISION 11 - EQUIPMENT TOC-3 Page 1834 of 2350 Agenda Item #29. NOT USED DIVISION 12 - FURNISHINGS NOT USED DIVISION 13 - SPECIAL CONSTRUCTION NOT USED DIVISION 14 - CONVEYING SYSTEMS NOT USED DIVISION 15 - MECHANICAL NOT USED DIVISION 16 - ELECTRICAL NOT USED APPENDICES PERMITS................................................................................................................... APPENDIX A UNDERGROUND UTILITY LOCATES................................................................. APPENDIX B GEOTECHNICAL INVESTIGATION..................................................................... APPENDIX C TOC-4 Page 1835 of 2350 Agenda Item #29. VILLAGE OF TEQUESTA TEQUESTA, FL ITB NO. UTIL-11-08-22/MC Water Main Replacement Program Project No. 01 & No. 04 ADVERTISEMENT FOR BIDS Sealed Bids for the construction of the Water Main Replacement Program Project No. 01 & No. 4 will be received, by the Village of Tequesta, at the office of the Tequesta Village Clerk, until 2:00 pm local time on December 151 2022, at which time the Bids received will be publicly opened and read. The Project consists of constructing The project includes the installation of approximately 11,000 linear feet of new 8-inch to 12-inch water main, abandonment of existing water main, and connections to side streets and related services, fittings, and appurtenances. Bidding Documents may be viewed and downloaded online www.demandstar.or. Hard copies of bidding Documents may be obtained from Holtz Consulting Engineers on Mondays through Fridays between the hours of 8 am and 5 am with a prior appointment. Bidding Documents are available on compact disc (as portable document format (PDF) files) for a non-refundable charge of $60, including shipping via overnight express service. Alternatively, printed Bidding Documents may be obtained from Holtz Consulting Engineers either via in -person pick-up or via mail, upon receipt of payment for the Bidding Documents. The non-refundable cost of printed Bidding Documents is $120 per set, payable to "Holtz Consulting Engineers". A pre -bid conference will be held at 2:00 pm local time on December 6, 2022 at the Village of Tequesta Council Chambers at 345 Tequesta Drive, Tequesta, FL 33469. Attendance at the pre -bid conference is highly encouraged but is not mandatory. Bid security shall be furnished in accordance with the Instructions to Bidders. Any questions regarding the specifications and Solicitation process must be submitted in writing to Stephen.Fowler@holtzconsulting.com. Questions and requests for clarification and additional information must be received prior to the Deadline for Submission of Questions on December 9, 2022 AT 5:00 PM local time. Pursuant to Section 2-355 of Palm Beach County Ordinance No. 2011-039, and the purchasing policies of the Village of Tequesta, all Solicitations, once advertised, are under the "Cone of Silence" until the appropriate authority has approved an award recommendation, rejected all responses or some other action by the Village to end the selection process. This limits and requires documentation of communications between potential Bidders and/or Bidders on Village Solicitations, the Village's professional staff, and the Village Council members. Owner: Village of Tequesta By: Marjorie Craig, PE Title: Utilities Director Date: November 15, 2022 Publication: Palm Beach Post, Demandstar, and Village of Tequesta website + + END OF ADVERTISEMENT FOR BIDS + + Page 1836 of 2350 Agenda Item #29. The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 1.01 This Bid is submitted to: Village of Tequesta C/O village Clerk 345 Tequesta Drive Tequesta FL, 33469 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and G. Florida Trench Safety Act Certification; H. Statement of Disputes, Litigation, Arbitration, And Surety Completion; I. Noncollusion Affidavit; J. Drug -Free workplace Certificate; K. Sworn Statement on Public Entity Crimes; a L. Scrutinized Companies Certification Form ARTICLE 3—BASIS OF BID 3.01 UNIT PRICE BIDS A. Bidder will perform the following Work at the indicated unit prices: Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 1 of 6 Page 1837 of 2350 Agenda Item #29. Item No. Description Unit Estimated Quantity Bid Unit Price Bid Amount 1A Mobilization, Demobilization, Bonds & Insurance (5%) 1 LS 175,000.00 $ 175,000.00 113 Maintenance of Traffic 1 LS 137,500.00 $ 137,500.00 ic As -built Record Drawings I LS 25,000.00 $25,000.00 1D Audio Video Documentation 1 LS 31500.00 $ 3,500.00 1E NPDES Permit/Erosion Measures 1 LS 151000.00 $15,000.00 2 Furnish and Install 4-inch PVC Water Main 20 LF 250.00 $5,000.00 3 Furnish and Install 6-inch PVC Water Main 80 LF 250.00 $ 20,000.00 4 Furnish and Install 8-inch PVC Water Main 31000 LF 105.00 $ 315,000.00 5 Furnish and Install 10-inch PVC Water Main 51300 LF 112.00 $ 593,600.00 6 Furnish and Install 12-inch PVC Water Main 40 LF 500.00 $20,000.00 7 Furnish and Install 10-inch HDPE Water Main 550 LF 115.00 $63,250.00 8 Furnish and Install 12-inch HDPE Water Main 30200 LF 117.00 $ 374,400.00 9 Furnish and Install Ductile Iron Fittings 8 Tons 22,500.00 $ 180,000.00 10 Furnish and Install 10" PVC/HDPE Transition Adapter 6 EA 450.00 $2,700.00 11 Furnish and Install 12" PVC/HDPE Transition Adapter 34 EA 500.00 $17,000.00 12 Furnish and Install 4-Inch Gate Valve with Valve Box I EA 11500.00 $ 11500.00 13 Furnish and Install 6-Inch Gate Valve with Valve Box 4 EA 2"000.00 8,000.00 $ 14 Furnish and Install 8-Inch Gate Valve with Valve Box 24 EA 21500.00 $60,000.00 15 Furnish and Install 10-Inch Gate Valve with Valve Box 23 EA 41000-00 $92,000.00 16 Furnish and Install 12-Inch Gate Valve with Valve Box 10 EA 51500.00 $55,000.00 17 Furnish and Install Fire Hydrant Assembly w/ 6" GV AND Valve Box 14 EA 7,500.00 $ 105,000.00 18 Furnish and Install 24" X 24" Concrete Collar W/ Tracer Wire Access Box 14 EA 11000.00 $ 14,000.00 19 Connect New Water Main to Water Main (6" to 12") 18 EA 61000.00 $ 108,000.00 20 Furnish and Install Blow -Off Assembly I EA 21500.00 $2,500.00 21 2" Fill and Flushing Assembly 12 EA 2/200.00 $26,400.00 22 Furnish and Install Sample Point 36 EA 650.00 $23,400.00 23 Furnish and Install Short Single Service 36 EA 21500.00 $90,000.00 24 Furnish and Install Long Single Service (Directional Bore w/ Casing) 26 EA 41100.00 $ 106,600.00 25 Furnish and Install Short Double Service 4 EA 31500.00 $14,000.00 26 Furnish and Install Long Double Service (Directional Bore w/ Casing) 16 EA 51100.00 $81,600.00 27 Pressure Testing and Chlorinating New Water Main 12,190 LF 2.00 $24,380.00 28 Grout, and Abandon Existing 4" AC Pipe 11400 LF 6.00 $ 8,400.00 29 -Cap, Cap, Grout, and Abandon Existing 6" AC Pipe 720 LF 7.50 $5,400.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 71380 LF 8.00 $ 59,040-00 31 Cap, Grout, and Abandon Existing 10" AC Pipe 5,180 LF 9.00 $46,620.00 Section 00410, Bid Form for Construction Contract - ADDENDUM #3 Page 2 of 6 Page 1838 of 2350 Agenda Item #29. 32 Concrete Sidewalk 340 SY 100.00 $ 34,000.00 33 Brick Paver Sidewalk 3 SY 300.00 $ 900.00 34 Gravel Driveway Crossing and Restoration 40 SY 65.00 $ 2,600.00 35 Asphalt Driveway Crossing and Restoration 220 SY 220.00 $ 48,400.00 36 Concrete Driveway Crossing and Restoration 570 SY 120.00 $ 68,400.00 37 Stamped Concrete Driveway Crossing and Restoration 40 SY 210.00 $ 8,400.00 38 Brick Paver Driveway Crossing and Restoration 550 SY 115.00 $ 63,250.00 39 Asphalt Pavement Crossing and Restoration 11110 SY 80.00 $ 88,800.00 40 Mill and Overlay Existing Asphalt Road 11020 SY 35.00 $ 35,700.00 41 Sodding 71700 SY 11.50 $ 88,550.00 42 Tree & Shrubbery Restoration 1 LS 45,000.00 $ 45,000.00 43 Miscellaneous Restoration 1 LS 149,250.00 $ 149,250.00 44 Root Barrier 400 LF 17.50 $ 70000.00 45 Furnish and Install 4" Line Stop Assembly 1 EA 8,750.00 $ 8,750.00 46 Furnish and Install 6" Line Stop Assembly 1 EA 9,800.00 $ 9,800.00 47 Furnish and Install 8" Line Stop Assembly 1 EA 10,600.00 $ 10,600.00 48 Furnish and Install 10" Line Stop Assembly 1 EA 12,300.00 $ 12,300.00 Total of All Unit Price Bid Items 1 $ 3,560,490.0 B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and 2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder agrees that the Work will be substantially complete within 210 calendar days afterthe date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run. 4.03 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 44410, Bid Form for Construction Contract — ADDENDUM #3 Page 3 of 6 Page 1839 of 2350 Agenda Item #29. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acl<nowledges receipt of the following Addenda: Addendum Number Addendum Date 1 Iz 1 2 z IZ t3 � ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder's Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information Known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 4 of 6 Page 1840 of 2350 Agenda Item #29. are necessary for the performance of the work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder`s Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. 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. b. Fraudulent practice means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. 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. Section 04410, Bid Form for Construction Contract — ADDENDUM #3 Page 5 of 6 Page 1841 of 2350 Agenda Item #29. BIDDER hereby submits this Bid as set forth above: Bidder: uf� Io �n� � ^.ti' �t� mac. K Vi) 44 c . (typed or printe name organization) By: _ (individuol's signature) Name: 'e �e�e��e/ fE- pedorprinted) t Title: r (typed or printed) Date: � f( 2C)ZZ— (typed or printed) if Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: / (individual's signature) Name: (typed or printed) Title. _ (typed or printed) Date: / �.�,et! - -, a)ZZ (typed or printed) Address forgiving notices: 40so w�S� k� A1'� ( 16 Wes- Qa�rv� 172a� FG 33Yoq Bidder's Contact: geck_,r,Name (typed or printed) Title: re, s4J6ont- (typed or printed) Phone: SL 1— Lys — 034 Email: S ec.Ice uLSon C6A^ Address: �d �b iNer� Ault QAktpl 33Y 0? Bidder's Contractor License No.: C C,, L 1 S Z 324 $ Section 00410, Bid Form for Construction Contract —ADDENDUM #3 Page 6 of 6 Page 1842 of 2350 Agenda Item #29. BID BOND (PENAL SUM FORM) Bidder Surety Name: B&B Underground Construction, Inca Name: Westfield Insurance Company Address (principal place of business): Address (principal place of business): 4050 Westgate Ave. Suite 110 One Park Circle West Palm Beach, FL 33409 Westfield Center, OH 44251 Owner Bid Name: Village of Tequesta Project (name and location): Address (principal place of business): Water Main Replacement Program Project No. 01 345 Teq uesta Drive & No. 4 Tequesta, FL 33469 Bid Due Date: December 15, 2022 Bond Penal Sum: Five Percent of Amount Bid (5%) Date of Bond: November 28, 2022 Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety B&B Underground Construction, Inc. Westfield Insurance Company (Full formal n me of Bi er) (Full formal name of rety) (co porate seal) By. y (Signature) (Signature) (Attach Power of Attorney) Name: Stephen Decker Name: Michael P. Broder (Printed or typed) (Printed or typed) Title: President Title: Agent & Attorney -in -Fact ,r �k' Attest: Attest: " , (Signature) (Signature) Name: Name: Arthur K. Broder (Printed or typed) (Printed or typed) Title: Title: Agent Dotes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC° C-430, Bid Bond (Penal Sum Form). Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 Page 1843 of 2350 Agehda Item #29. 3. This obligation will be null and void & 3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2. All Bids are rejected by Owner, or 3.3.Owissue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required bvParagraph 5hereof). 4. Paynnentunderthis Bond will bedue and payable upon default ofBidder and within 3Ocalendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable pronnptnes�identifying this Bond and the Project endindUding astatement ofthe amount due. 5. Surety vvak/eS notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety"s written consent G. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph above is received by Bidder and Surety, and in no Case later than one year after the Bid due date. 7. Any suit or action under this Bond will be commenced only in G Court of competent jurisdiction located in the state inwhich the Project is|ocated. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown onthe face ofthis Bond. Such notices may be sent bypersonal delivery, commercial courier, or by United States Postal Service registered or certified rna1|, return receipt requested, postage pre -paid, and will bedeemed tobeeffective upon receipt bwthe party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power ofAttorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. Il. The term "Rid" as used herein includes Bid, offer, or proposal as applicable. EJCDC4D C-430, Bid Bond (Penal Sum Form). Cmpyrightm2018National Society ofProfessional Engineers, American Council of Engineering Companies, and American Society ofCivil Engineers. All rights reserved. Page 2of2 Page 1844Of2350 Agenda Item #29. General Power of Atto r nev of DAME and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizanoes, undertakings, aor other instruments or - contracts of suretyship - - - - - - ----- --- a - - - - - - - - - - - - - - - - - -- - -_ - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate duly attested b its Secretary, herebyratifying and confirming all tl�at the said Attorney(s)-in-Fact may do in seal of the applicable Company and d y appointment is made under and b authority of the llow e resolution adopted by the Board of Directors of each of the the premises. Said pp y y WE STFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be even full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and y deliver, an and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents cancelingor terminatingthe Company's liability thereunder, and any such instruments so executed by any such Attorne -in-Fact shall be as bindinupon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or an certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCO A.D., 2014 . °`""' %""""'`"'''' •d'""'= WESTFIELD INSURANCE COMPANY Corporate ''' �e �.`'' ONAt / ''}., � S+mil ��4,` F � *°'`••_� �. WESTFIELD NATIONAL INSURANCE COMPANY eals �`.iO.ab%6+* �,�►+ owdQra,ipap •'° =•' `°• "' °= OHIO FARMERS INSURANCE COMPANY Affixed �r� ,� a , V EAL 4 '� r • 4 4 !, • q • $ 4 0 r 'Uhl M = 42k SEAL : mop_ a 848 y r 6 41.E i :+ l * i ► a �$e64l �A • • t � rrt�r• o* s ,,,{ �., �,.� By: State of Ohio '"`""""; '` °°°'`� Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 28th day of liln�r�mh�r A.D., %ba1N68202.2ON ;t►111ltrrr ,��H1�/f Vs4� ,� ��t Aj) i.ts •k'a:�dl' r`w**a°wfri�s ��s ��:• .••Vff I' �s �-a+r►sN�; ramp WERr •�+0, SUL a ,guy ` SEALr■'.�j '%I gg ag W �• �� , • w a O t� _ 4 m V. 1 ��9�i�•�A Ile'r i•s rsr +� rv�L. •oaoa �w 014 Seerctary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) Page 1845 of 2350 Agenda Item #29. SECTION 00431 TABULATION OF SUBCONTRACTORS AND SUPPLIERS The Undersigned states that the following is a full and complete list of the proposed subcontractors and suppliers on this Project and the class of work to be performed by each and that such list will not be added to nor altered without written consent to the Owner through the Engineer. SUBCONTRACTOR OR SUPPLIER AND ADDRESS (1) FERGUSON WATERWORKS 3697 Interstate Park Rd. S., Riviera Beach FL33404 (2) CORE AND MAIN 1101 W. 17tli Street, WPB FL 33404 (3) LIDONNI COMPANY 17863 103rd Terrace North, Jupiter FL 33478 (4) EASTERN PIPELINE CONSTRUCTION 950 SE Central Parkway, Stuart FL (5) SPADA FLATWORK 1401 Allendale Road, WPB FL (6) (7) CLASS OF WORK OR MATERIAL PIPE MATERIAL SUPPLIER PIPE MATERIAL SUPPLIER PAVING SUBCONTRACTOR DIRECTIONAL DRILL SUBCONTRACTOR CONCRETE FLATWORK SUBCONTRACTOR BIDDER: B&B UNDERGROUND CONSTRUCTION, INC. By: Name: STEPHEN DECKER Title: PRESIDENT Date: 6�D& =� 00431-1 TABULATION OF SUBCONTRACTORS ANDOUJ6�E%46 of 2350 Agenda Item #29. SECTION 00440 FLORIDA TRENCH SAFETY ACT CERTIFICATION The Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the most current version of the Florida Trench Safety Act (90- 96, Laws of Florida). The Bidder further identifies the costs to be summarized below: Cost/Linear Foot Total Cost 1. Trench Safety Act Compliance $ 1.00 $ g` 440 , 00 2. Special Shoring $ $ Identify method of compliance for Item 4l : Excavations of less than 5' deep will be sloped, excavations of greater than 5' will utilize a trench shield where sloping is not feasible. Identify or attach a copy of Special Shoring Requirements for Item 42: N/A The undersigned certifies that he/she is the Contractor who will perform the trench excavation for this project and hereby gives written assurance that Contractor will comply with the applicable trench safety standards specifically set forth in Florida's Trench Safety Act (90-96, Laws of Florida). BIDDER: B&B UNDERGROUND CONSTRUCTION, INC. By: Name: STEPHEN DECKER Title: PRESIDENT Sworn to and subscribed before me this day of DECEMBER 20 22 FELIPE .LOFASO Notary Public er �%��tY FELIPE . LOFASO Notary Public -State of Florida My Commission Expires: =* *= My Commission Expires °il `o```�� December 16, 2023 00440-1 FLORIDA TRENCH SAFETY ACT CERTIFICATION Page 1847 of 2350 Agenda Item #29. Official Name of Firm: Address: Owner: Project Name: TYPE OF WORK: B&B UNDERGROUND CONSTRUCTION, INC. 4050 WESTGATE AVENUE, SUITE 110 WEST PALM BEACH, FL 33409 VILLAGE OF TEQUESTA VILLAGE OF TEQUESTA_ WATERMAIN REPLACEMENT PROGRAM PROJECTS 1 AND 4 INSTALLATION OF NEW PVC WATERMAIN AND HDPE DIRECTIONAL DRILL WATERMAIN AND RELATED FITTINGS, VALVES, FIRE HYDRANTS, WATER SERVICES, AND ASSOCIATED RESTORATION WORK. 00451, Qualifications Statement Page I of 8 Page 1848 of 2350 Agenda Item #29. 4. CONTRACTOR'S CONTACT Contact Person: STEPHEN DECKER, PE Title: PRESIDENT Phone: 561-249-0341 Email: SDECKER@BBUCONST.COM Name: NONE Address: 6. TYPE OF ORGANIZATION: [] SOLE PROPRIETORSHIP Name of Owner: Doing Business As: Date of Organization: [� PARTNERSHIP Date of Organization: Type of Partnership: Name of General Partner(s): ® CORPORATION State of Organization: FLORIDA f Z7 1,a1 � Date of Organization: Executive Officers: 00451, Qualifications Statement Page 2 of 8 Page 1849 of 2350 Agenda Item #29. - President: STEPHEN DECKER -Vice President(s): Si�Ph��►� ��N_k�� - Treasurer: S? 144J ,��tla jz- - Secretary: -1)6Ci Cg- ❑ LIMITED LIABILITY COMPANY State of Organization: Date of Organization: Members: ❑ JOINT VENTURE Sate of Organization: Date of Organization: Form of Organization: Joint Venture Managing Partner - Name: - Address: Joint Venture Managing Partner - Name: -Address: 00451, Qualifications Statement Page 3 of 8 Page 1850 of 2350 Agenda Item #29. Joint Venture Managing Partner - Name: - Address: Jurisdiction: Type of License: License Number: Jurisdiction: Type of License: License Number: STATE OF FLORIDA GENERAL CONTRACTOR CGC1523248 STATE OF FLORIDA PROFESSIONAL ENGINEER PE57422 [014:141mu"I Disadvantage Business Enterprise: Minority Business Enterprise: Woman Owned Enterprise: Small Business Enterprise: PALM BEACH COUNTY Other ( 9. BONDING INFORMATION Bonding Company: WESTFIELD INSURANCE COMPANY Address: ONE PARK CIRCLE WESTFIELD CENTER, OH 44251 Bonding Agent: BRODER AND COMPANY 00451., Qualifications Statement Page 4 of 8 Page 1851 of 2350 Agenda Item #29. Address: 61910RANGE DRIVE, #6159E DAVIE, FL 33314 Contact Name: MICHAEL BRODER Phone: 954-584-3002 Aggregate Bonding Capacity: $20J0001000 Available Bonding Capacity as of date of this submittal: $12;0001000 10. FINANCIAL INFORMATION Financial Institution: Address: Account Manager: Phone: 5-W- 2"53 — g 150 INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE LAST 3 YEARS I1 . CONSTRUCT ON EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract (If Joint Venture list each participant's projects separately). Previous Experience: Liston Schedule B all projects completed within the last 5 Years (If Joint Venture list each participant's projects separately). Has firm listed in Section 1 ever failed to complete a construction contract awarded to it? [—]YES [x] NO If YES, attach as an Attachment details including Project Owner's contact information. 00451, Qualifications Statement Page 5 of 8 Page 1852 of 2350 Agenda Item #29. Has any Corporate Officer, Partner, Joint venture participant or Proprietor ever failed to complete a construction contract awarded to them in their name or when acting as a principal of another entity? F-] YES M NO If YES, attach as an Attachment details including Project Owner's contact information. Are there any judgments, claims, disputes or litigation pending or outstanding involving the firm listed in Section 1 or any of its officers (or any of its partners if a partnership or any of the individual entities if a joint venture)? F-]YES [—X]NO If YES, attach as an Attachment details including Project Owner's contact information. U u SAFETY I.JIIRC GRAM: Name of Contractor's Safety Officer: Stephen Decker Include the following as attachments: Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) OSHA No 300- Log & Summary of Occupational Injuries & Illnesses for the past 5 years. Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all OSHA Citations &Notifications of Penalty (monetary or other) received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. NONE Provide as an Attachment Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) list of all safety citations or violations under any state all received within the last 5 years (indicate disposition as applicable) - IF NONE SO STATE. NONE Provide the following for the firm listed in Section V (and for each proposed Subcontractor furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) the following (attach additional sheets as necessary): SSE ftTT�ckkET) Workers' compensation Experience Modification Rate (EMR) for the last 5 years: YEAR Z02Z YEAR 20E YEAR IQ 7 6 YEAR YEAR EMR EMR EMR D�$I EMR ot� EMR 00451, Qualifications Statement Page 6 of 8 Page 1853 of 2350 Agenda Item #29. Total Recordable Frequency Rate (TRFR) for the last 5 years: YEAR )_0 TRFR Qf YEAR •� Z/ TRFR T YEAR p � TRFR YEAR TRFR YEAR 203 TRFR Total number of man-hours worked for the last 5 Years: YEAR 20Z2, TOTAL NUMBER OF MAN-HOURS YEAR 2d'LI TOTAL NUMBER OF MAN-HOURS YEAR 2P_2=0 TOTAL NUMBER OF MAN-HOURS � G3 ZzS YEAR 2.01 9 TOTAL NUMBER OF MAN-HOURS YEAR 2e) I $ TOTAL NUMBER OF MAID -HOURS 2-1 3d Provide Contractor's (and Contractor's proposed Subcontractors and Suppliers furnishing or performing Work having a value in excess of 10 percent of the total amount of the Bid) Days Away From Work, Days of Restricted Work Activity or Job Transfer (DART) incidence rate for the particular industry or type of Work to be performed by Contractor and each of Contractor's proposed Subcontractors and Suppliers) for the last 5 years: YEAR DART Nd YEAR DART 1� YEAR DART YEAR DART YEAR DART A3o QUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project. s cc APC tia 00451, Qualifications Statement Page 7 of 8 Page 1854 of 2350 Agenda Item #29. I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: B&B UNDERGROUND CONSTRUCTION, INC. BY: `7 TITLE: PRESIDENT DATED: /LIllks'oe- NOTARY ATTEST: SUBSCRIBED ANDS RN TO BEFORE ME THIS Z DAY OF DECEMBER , 20 22 FLORIDA "' FELIPE A. LOFASO NOTARY PUBLIC- STATE OF ,�`�'`Y p�$�� r ry Public -State of Florida Commission ## GG 940072 MY COMMISSION EXPIRES: My Commission expires W` December 16, 2023 REQUIRED ATTACHMENTS 1. Schedule A (Current Experience). 2. Schedule B (Previous Experience). 3. Schedule C (Major Equipment). 4. Audited balance sheet for each of the last 3 years for firm named in Section 1. 5. Evidence of authority for individuals listed in Section 7 to bind organization to an agreement. 6. Resumes of officers and key individuals (including Safety Officer) of firm named in Section 1. 7. Required safety program submittals listed in Section 13. 8. Additional items as pertinent. 00451, Qualifications Statement Page 8 of 8 Page 1855 of 2350 Agenda Item #29. SCHEDULE A CURRENT EXPERIENCE Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Roadway constr., mill Lake Worth Neighborhood Road Name: Julie Parham, PE Name: Garry Gruber, PE +overlay, watermain, Program -District 1, Year 4 Roadway Address: 7 N. Dixie Hwy, Lake Worth FL Com an Mock Roos and Associates py 10S2021 / / water services, direct. 85% complete $2,881,587.50 drilling, concrete, Telephone: 561-586-1798 Telephone: 561-472-6289 pavers, restoration Palm Beach Shores Watermain Name: John Armstrong,PE Name: Suzanne Dombrowski, PE 12" DIP watermain, services, hydrants, 40% Project Address: 600 W. Blue Heron Blvd, Riviera Company: Chen Moore and Associates 2/19/2022 fireline connect., complete $1,425,036.40 Beach, FL Telephone: 561-845-4050 Telephone: 561-746-6900 paving, concrete New 24" Reclaimed $8,280,696 City of Winter Haven New Reclaimed Name:City of Winter Haven - Steve Rheiner Name: Jeff Crowley �� watermain, 24 Water Main, Master ForceMain and Address: 401 6th Street SW Winter Have Com an Jones Edmunds Associates p Y� 12/17/2020 Forcemain, 16" 95% (B&B portion as Pollard Rd WTP mprovements FL Potable complete sub to DBE Telephone: 863-291-5678 Telephone: 863-293-3332 watermain, paving, Drilling) orr PBC Environmental Resources Mgmt Name: Michael Evans Name: Michael Evans, PE 90% Casing Under A1A at Ocean Inlet Address: 2300 Jog Road, WPB FL Company: PBC ERM 10/4/2022 Install a 30" steel casin complet $397,600 Park via jack and bore under Telephone: 561-233-2400 Telephone: 561-233-2400 A1A, restoration Seacoast Utility Authority Lift Station Name: Brent Weidenhamer Name: Suzanne Dombrowski, PE Install new 8" force 19 Forcemain Replacement Address: 4200 Hood Rd, Palm Beach Company: Chen Moore and Associates 10/1/2022 main via open cut and directional drill, ARV, d $218,350 Gardens, FL Telephone. Telephone: 561-746-6900 restoration complete 561-627-2900 Name: Paul Ward Name: Engenuity Group, Inc. Rehab 3 existing lift Village of Palm Springs Lift Station stations inclusive of 0% Rehabilitation Project Address: 226 Cypress Lane, Palm Springs F Company: Adam Swaney 7/21/22 pipe, pumps, complete $1,226,795 Telephone: Telephone: 561-655-1151 valves, hatches, 561-965-5770 restoration work Name: Keri Sorenson Name: James Kelly Install a new lift station complete with pipe, p% $749,843 City of Winter Haven Lift Station 118 Address: 551 3rd St NW, Winter Haven FL Company: Pennoni Associates 10/19/2022 pumps, electrical, Complete Telephone: 863-291-5853 Telephone: 863-324-1112 gravity sewer, storm drainage, water main, paving 00451, Qualifications Statement Page 1 of 4 Page 1856 of 2350 Agenda Item #29. SCHEDULE A CURRENT EXPERIENCE Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work City of Boynton Beach Lakeside Name: Taralyn Pratt Name: Sira Prinyavivatkul, PE Install new water main 0% Gardens Utility and Address: 100 E. Ocean Ave, Boynton Company: Baxter Woodman 11/15/22 sewer main, drainage, roadwork, concrete, Complete $ 2,645,441.75 Stormwater Improvements Beach FL site restoration Telephone: 561-742-6308 Telephone: 561-655-6175 Name: Joel Hatcher Name: Adam Swaney, PE Site work inclusive of City of West Palm Beach Housing Address: 3700 Georgia Ave, WPB EL Company: Engenuity Group 11/22/22 watermain, sewer drainage, �% complete $583,100.55 Authority Cottage Homes main, road Telephone: 561-655-8530 Telephone: 561-655-1151 way, concrete, site restoration Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: 00451, Qualifications Statement Page 1 of 4 Page 1857 of 2350 Agenda Item #29. SCE R1TftcNe,o SCHEDULE B norzk/Ini Ic EvnEDICKV-1: 11rAl IrArN Al I Drrnini-fc %juithin Inct F, wonrrz) Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Name: Address: Company: Telephone: Telephone: ---------- - - - Name: Name: ----- - ---- ---- --- - - ----------- - - Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Narne: Address: Company: Telephone: Telephone: 00451, Qualifications Statement Page 2 of 4 Page 1858 of 2350 Agenda Item #29. SCHEDULE e PREVIOUS EXPERIENCE (include ALL Projects Completed within last 5 years) Project Name Owner's Contact Person Design Engineer Contract Date Type of Work Status Cost of Work Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: Name: Name: Address: Company: Telephone: Telephone: 00451, Qualifications Statement Page 3 of 4 Page 1859 of 2350 Agenda Item #29. o 101R o o 0 0 0 o 0 a 0 o 0 ca a a a o a o a � o 0 � r w Q tLLJ >" LQ i w 0 Q � z Q w o 0 W 0 CD >-- J Lr)CTl � Q rX CD C7 QCD O Q Ll.! 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N Q N CD N p W � 00 00 1 m � 4 � 00 z rl 'i � ran _r U 00 "Zr L 00 Ln F- > 0 LD � uO cr.0 00 I1r� �/ /%yr � � 0 3: �00 (-"r{'�y� (j)C)C(D z ` � L Jh� � ` N-i 1 r-i du Incz , .� u < 2 0 � w CL w cw � w w (A o0 w � w w � � �' z Q �LLJ wOf Q LU { O H Q z 0 04 < w c w u.r F. w w z < V LLJ Ne ALL ._z m ` 0 > � R 2 z - w u Q w L Q(D w w 0 w Q � .�. 0 w LL Q �� 0 w w w 4 Q z ac d Q C7 LLJ0 f-.. w zn O w �U �., ,..,, u 2 dLU w w - cc LU < c�C w 0 t, c c w � to c� u.� Z � -.~ c�C LLJ z' � �-` °� uu N � � w N oa � w d w z � ?: rcl Z wuj i� 00 43; �: tG 00 uj Q N Q N Q c q 0 tml 0 N Q N a N Q p., N d' ❑ N 0� Page 1862 of 2350 Agenda Item #29. LU 0 i� C o 0 CD 0 C) C) C) u C) 0 o O V-i r w c. V 0 ao c4 cY) 00 00 cF) r Q � Q ri C CD o � N Q • , CL t�-i t j (D � u 2i T Ln m a o oLO o c) N l i ) M a r O C w `° w t Ln cri 0) n � °' N � 00 C N �, n m ry # Ln Ln 0 Ln CD H C LL > z 0 Lr) R Q) z w < cc — �: Ln (n LLJ 0 CL 0 > `�' Vim.' w u�- a. r Vo to w- CL LLJ m L LLI D 0 W cr Z 3� < w � � � w � L3 w � o '� � � LU F--I,/ w w w w Z w LL) M z u-J cn 0LU ti<]�- uj �: < S u- 0 O � (D O C� LL z Lu Z -e.( ?: cn '4 3: Page 1863 of 2350 Agenda Item #29. I-P a • o CD o CD O o 06 H Ln a 00 � Cl Q CD CD Q W 00 W A QD M X--I l {0 N � In H N r-4 2 0 z 0 � d Ln O V LO �- U w �LLI rlrl*d Q °� F- O P j,> u LU }- 3 w 'Q W Q 0 WLn Q LL Q _ O m U u Page 1864 of 2350 Agenda Item #29. Stephen D. Decker P.E. 4050 50 Westgate Avenue Suite 110 Vest Patm Beach, Florida 33409 'hone: 561249 0341 sdecker@bbuconst.com 1/25i2015 — Present B&B Underground Construction, Inc West Palm. Beach, FL PRESID NT/EN IN ER (Supervision of up to 45 Employees) Staff maDagement responsibilities include providing direction of Project Managers, Superintendents, Crew foremen and administrative staff` for the successful completion of $8M in workload. Additional project duties include material buy-outs, subcontractor negotiations, company insurance maintenance. Additionally, responsible for the development and update, of project schedules utilizing Primavera software. Financial responsibilities include preparation of project budgets, profit and lass reporting, Estimating, Bidding, Equipment depreciation and corporate expenditures. Outside duties include attendance at client meetings for the purpose of updating their staff on project progress and evaluation/discussiQns of municipalities' needs. Completed Projects: 0 Stratford Area water Mahn Village of Wellington $2.85M 0 City of Lake worth 2" water Main Replacement Phase Iff $4.3M a City of Lake Worth 2" water Main Replacement Phase III $3.5M 0 City of Riviera Beach Federal Gardens Neighborhood lznprovement $5.1M 0 City off take 'worth Lift Station 16 Upgrade $0.225M Tropical Drive water main Improvements City of Lake North $2.6M 0 24 inch Reclaimed water Main City of Boca Raton $0.2241 0 Booster Pump Station City of Lake Worth $ 0.15M Pence Park Lift Station Boynton Beach $1.4M a Lift Station Rehabilitation 2015 $0.266 M Ocean. Cove Force Main. Replacement $0,434M City of Rivera Beach. West 23�d Street Improvements $0 , 524M 0 palm Beach County water Main Replacement Phase H Belle Glade $3.8M Bloch Island water Main Replacement Village of Wellington $ 2.52 Tan 2005—1I25/2015 B&B Underground Contractors, Inc West Palm Beach, FL GENERAL MANAGER (Supervision of up to 156 Employees) Staff management responsibilities include providing direction of Project Managers, Superintendents, Crew foremen and administrative staff for the successful completion of $33M in workload. Additional project duties include material buy-outs, subcontractor negotiations, company insurance maintenance, Additionally, responsible for the development and update, of project schedules utilizing Primavera software. Financial responsibilities include preparation of project budgets, profit and loss reporting to fram. Owners, Equipment depreciation and corporate expenditures. Outside duties include attendance at client meetings for the purpose of updating their staff on project Page I of 4 Page 1865 of 2350 Agenda Item #29. progress and evaluatioi-ldiscussions of municipalities' needs. Complet0d Projects: 0 Pile Construction: Palm Beach Gardens High School, Project Value $7.1M 0 Pahn Beach County: Fire Rescue Site, Project Value $ 10.3M 0 Palm Beach County: Roan Lane/Roan Court, Project Value $997K a Chambers County Alabama: Chamber County Sewer, Project Value, $3.7 M • St.Lucie County: Indian River Estates Waterline, Project Value $7.5M • Pirtle Construction : Palm Beach Gardens Elemen.taq, Project Value $2.4M • CR Mewin: Royal Palm School, Project Value $ 3.9M • City of Riviera Beach: west 33" St. Imp, , Project Value $ .52M • City of Riviera Beach: west 34th St. hnp. , Project Value $ .63M • City of Riviera Beach: Vest 35tb St, Imp. , Project Value $ .58M • City of Winter Haven: 12 inch Force Main, Project Value $ . 56K • Seminole County: Country Club Road, Project Value $1.32M • Martin. County :Ricou 'terrace R.oad,Watermain, Sewer, Project Value$0.65M • City ofPahn Coast: Londonderry Dr. F'orcemain, Project Value $0.44M • City of Winter Haven: 12" Reclaimed WaterMain, Project Value $0.3 8M • Indian. TTails Imp. District :Indian Trails Culvert Imp. Project Value $ 0.33M • City ofBoynton Beach: SE 4' St.& Phase IA hap., Project Value $3.2M • City of Riviera Beach: 34' Street Improvements, Project Value $0.43M • Alabama -Fayette Co: East 102 Expansion, Project Value $1,300,O00M • City of Boca Raton: 16 " PVC Water Main/Reclaimed Maur, Airport Road, Project value $1.5M • City of Lake Worth: 1.6"' DIP Water Main, Project Value $0.5M 0 Village of Wellington, South Shore Boulevard Reconstruction, Project Value $5.1 M, a James B Pirtle Construction; John I Leonard High School, Project Value $4.9M. • Tames B Pirtle Construction; Hobe Sound Elementary, Project Value $2.4M. • James B Pirtle Constructioa; Congress Middle School, Project Value $2.8M. • CR Klewin Southeastern; Panther Run elementary School, Project Value $0.52M, • CR Klewin Southeastern; Liberty Park Elementary School, Project Value $0.82M. • CR Klewin Southeastern; St. Lucie I -Egli School, Project Value $4.9M. • CR lUewin Southeastern.; Jefferson Davis Middle School, Project Value $2.8M. • The Morganti Group; Jupiter High School, Project Value, $6.4M, • The Morgantl Group; J.D. Parker, Project Value, $3.8M. • The Morganti Group; Jensen. Beach High School, Project Value, $6.9M. • More available upon request. Projects consist of water, sewer, drainage, subgrade, base rock, asphalt, curbing, concrete flatwork, and lift station. All materials famish and installed by B&B forces. Aug 2000—Dec 2004 'United Engineering Corporation/The Tower Group Iyfiami, FL Division Manager (Supervision of 87 Employees) Staff management responsibilities include providing direction for Project Managers, Crew foremen Page 2 of 4 Page 1866 of 2350 Agenda Item #29. and administrative staff for the successful completion of $4 7I it � crklo t . dditionall �, responsible for the development and update, of project schedules utilizing Primavera software. Financial =responsibilities include preparation of prof eel budgets, profit and loss reporting to firm Owners. _� Outside duties include attendance at client meetings for the purpose of updating their staff on project progress, review of municipalities' interests & needs, Additional higbligbts include, preparation of presentation for potential projects, developing and maintaining Client/Owner relationships to further corporate goals. • Client: Florida Department of Children. & Families; 13,500 LF of 10 Ductile Iron Pipe, 2.3 MG Storage Tank, Potable Water Treatment Facility. Bid $2.2M Final Contract Amount_ $ 3.1M • Client: Deparftxnent of Environmental .Resource Management; Numerous Drainage and Street Construction Projects. Bid $8.0 M Final Contract: $ 8-OM • Corporate Claim preparation & negotiation. Contract Author, Review, and Enforcement. Range from $.3M to $14M each incident in Additional compensation and/or Construction Projects. Annual total to Ffi-m $41M direct cash with equity value realized of $121M on $550M of volume. • Client: 'Pampa Bay Water; Installation of 31,872 Lf of 12"/30"/36" Ductile Iron Pipe. Bid $9.22M Final Contract Amount: $ 9.3 IM • Client: City of Pompano; Installation of 15,218 Lf of 24" f30" C900 PVC Pipe. Bid $1.49M Final Contract: $ 2.07M • Client: City of Sanibel; Installation of 55,100 Lf of Deep Gravity Sever, 220 Structures, 16 lift stations Bid. $5.594M Final Contract: $ 6.983M • Client: City of Ft. Lauderdale; I-astallation of 7800 Lf 24" Ductile Iron Pipe Force Main.. $1.22M Final Contract: $ 2.QOM 19982000 11uxted. Tunneling, Inc Palmettos FL Superintendent • Installation of numerous pipelines; utilizing trench.less construction techniques, design and construction of cofferdams of various sizes, design and construction of dewatering systems for the following projects: • Client: Stella Mae Contracting for the City of Baltimore Bid $608K Final Contract: $710K Nficrotunneling; Gravity Sewer Steel Casing Pipe 30" • Client: United Engineering Corp for Pahn. Beach County Bid $981K Final Contract: $1.01M Jack & Bore Steel. Casing; Water and Sewer Concrete Pipe 54"/60" • Client: Army Corp of Engineers Bid $500K Final Contract: $500K Microtunneling; OutfaU project. Steel Pipe 42" • Client: Felix Equities for Hams -Dade Aviation Bid $587K Final Contract: $633K Microtunneliug; Communications, Steel Pipe 39" • Client: Metro Equipment for Miami -Dade Water & Sewer Bid $210K Final Contract: $210K MicrotuaAeling; Gravity Sewer. Steel Pipe 30" • Client: Tandem Equipment for Valencia Property Development Bid $198K Final Contract: $2I5K Microtanneling; Gravity Sewer. Steel Pipe 30" • Client: Beers Construction for Pinellas County Bid $476K Final Contract: $615K Microtunneling; Gravity Sewer. Steel Pipe 54" ® Client: Lanzo Construction for Miami --Dade Water & Sewer Bid $1.22K Final Contract: $135K Directional Drill; Water Line. HDPE Pipe 30" • More available upon request 1996-1998 Metcalf & Eddy, Inc Kauaz1 FL Project Engineer D Client: Miami Dade Water & Sewer Department Performed all Hydraulic calculations & design for complete Design Build pipeline project Page 3 of 4 Page 1867 of 2350 Agenda Item #29. i alluding route study, sanitai�l collection efficiency, feasibility study, econon.-iic value and prese�atation to client. Once awarded project, I personally prepared the pipeline desigza drawings via alutoCA7 and prepared the specifications with front end documents for review and bid by subcontractors as well as review by jurisdictional permitting agencies. Obtained all required permits through all necessary governing agencies. Meet with client weekly to present progress, project costs and updated P3 schedule. During construction, I performed duties as resident engineering which resulted in no changes orders being issued to subcontractors or requested from o\�mcr. Contract: $6.4M DesigrdBuild.; 24"130"l36" Ductile Iron Wipe with $1.1 M Profit • Client. South Florida water Management District Engineer for design and construct pilot Phosphorous removal system.. Contract $2.1 M • Client: Mami Dade water & Sewer Department Evaluate, Design and provide coast ruction services for 137 lift Stations and 58 miles of force main pipeline. Part of $91M Engineering Services contract_ Sanctioned under EP.A. Consent Decree. 1995-1996 B ermillo, .A j amil, & Partners Miami, FL Project Engineer a Client: Miami Dade water & Sewer Department • As a member of the Program Managernout Team (PT) we were charged with evaluating the designs, maintaining schedules, providing bid packages, and oversecing the Sewer system modifications for the client. The system contained more than 1000 lift stations and 229 Miles of force main as part of the Consent Decree imposed by EPA. • Client: Miami -Dade County Public work Department • Responsible for design and implementation of a roadway improvement tracking system for fiauii-Dade County. Coordination efforts resulted in the decrease in number of disturbances to newly constructed roadways and therefore reducing costs to owner and negative perception by the taxpayers 1988-1992 Miami -Dade rater & Sewer Department Miami, FL Engineering `technician • Underground Utility location and coordination.. • Suzvey Crew Chief. s`_Edu a �e 1995 Florida temational University Mami, FL ® BS, Civil Engineering. • S, Construction Management n`lr Project Development and Completion. hnplezrentatxon of new technologies to fcrthe�r profitability and relationships. ld6h r r: Fonda Professional Engineer: License No. 57422 Florida Certified General Contractor No, 1519640 Florida Certified General Contractor No, 1523248 Page 4of4 Page 1868 of 2350 Agenda Item #29. SEE AI-TPrckAEP SCHEDULE C -LIST OF MAJOR EQUIPMENT AVAILABLE ITEM PURCHASE DATE CONDITION ACQUIRED VALUE 00451, Qualifications Statement Page 4 of 4 Page 1869 of 2350 Agenda I .............. ErMderground Construction .......... ...... 4 Arlllh L- 050 Westgate Avenue West Palm Beach, FL 33409EQUIPMENT 5 LIST t f x B&B 9 Year Make Model Vin Serial LD s Excavators Komatsu PC300 A85179 TBH-8 lJohn Deere 225C FF225CX500096 TB-9 'Cat 325CL BFE00468 1 011 Cat 303.5 DCH00384 TBH-11 lJohn Deere 50D FF050DX244240 TBH-12 12006 Link Belt 130k Hydraulic Excavator K1 J6-1269 TBH-17 Cat 308 CR 14K42S220 TBH-1 � � Dozers John Deere 650H T0650HX910882 DZ-5 Graders r t 'Ca 135H 3YK00367 RG-3 SD70D 149587 RRS-2 Rollers In ersol Rand Cat C B224C 3AL01197 RRS-5 ;Cat CB224D 8RZ00231 RRS-6 D naPac Steel Wheel 175161 RSS-1 Combinations John Deere 410E 4X4 T0410 EX833303 RTB H-2 Tractors i,New Holland 3930 007670B BT-1 New Holland 345D A445063 BT-3 Directional Drills l Ditch Witch IT5 DW526S433 DD--1 Asphalt S reader l x GEHL 2012 1448 GH31961 SP-1 Page 1870 of 2350 Agendal .......... ........ ...... -.-I.- . ..... - . ....... ........ ....... .. .... ...... ..... - ... ......... ern #29, ... ..... .. ..... ........ . . .......... ... .... ... B&B Underground Ct hl 4050 Westgate Avenue West Palm Beach FL 33409 EQUIPMENT LIST Year Make Foremans Trucks 12002 Ford Modell e F-250 4X4 7.3 4dr Vin Serial # IFTNW21 F62EB92517 B&B I.D. 2{x PT-21 112003 Ford F-250 4X4 7.3 extcab I FTNX21 F43EB22531 PT 22 ',2003 Chevrolet 1500 4X4 5.3 extcab IGCEK1 9T23E231511 PT-23 .2003 Chevrolet 1500 4X4 5.3 extcab IGCEK1 9T53E357149_ PT-24 112006 GMC 1500 4X4 V-6 as 2dr 1GTEK14X16Z112226 PT-30 '2007 GMC 1500 4X4 5.3 extcab 1 GTEK1 9Z57Z1 58136 PT-31 i 12007 GMC Sierra 250OHD 4X4 4 dr 1GTHK23647F536613 Joey 12014 Chevy_ 1500 Silverado Gas 3GCPCSEC2EG129509 Steve 12001 Ford F-450 Dually 4X4 7.3 4dr I FDXW47F91 EA36381 F-4 50-j =2003 F-350 I FDWWW37F83EB05795 JESUS 11 Misc Trucks s2001 Ford 450 1 FDXX47P64EC42462 MT-1 Dump Trucks & Tractors '2003 Mack RD6885 Dump Tr 18yd IM2P267C63M066976 DT-70 ,i2005 Mack CV713 DumpTr 18yd MAG11C85M027389 DT-90 12005 Mack CV713 Dump Tr 18yd IM2AG11C45M027390 DT- 100 1 12002 Mack CL-700 Tri Axle I M2AD62C71 M01 1716 LB-1 11999 GMC WATER TRUCK 1GDM7H1C1XJ501287 � WT. j Trailers 2003 AS PT Ditch Witch Trailer I DS00060017P1 6.47 T-2 12005 LMT Gooseneck Tri hooked to-F-450 5L8GF242751001353 T-3 12003 IRDO 2 axle black bobcat trailor 5FEHS20223CO09969 12 003 AS PT Water pressure test Trailer FLT9001 SS T-5 '12004 CAWE Carolina 2 axle dually pintle Red 1 C9DP302041803109 T-6 111996 Fontaine Low -Bo y_Trailer 4LF456346V3504674 T-9 Loaders Cat 928G 6XR02501 LDR-7 if Cat 938G 4YS02102 LDR-8 lJohn Deere 544H DW544HX585789 LDR l John Deere 544J A7 (DWV544,JZ5a5a47,J LDR-12 lJohn Deere 544H -TDW544HX587059 LDR-1 4 ;New Holland Skid Steer Cat Roller Attachment VA-2 I i Cat BAI 8 Broom Attachment AZN01 942 BA-1' K Ly�n�!s u. CK30 -1 A30025 25424 B 3 ti Page 1871 of 2350 Agenda Item #29. NOT APPLICABLE SECTION 00452 BIDDER'S STATEMENT OF DISPUTES, LITIGATION, ARBITRATION, AND SURETY COMPLETION LAST THREE (3) YEARS NAME AND NAME AND PHONE OR PROJECT ADDRESS OF OWNER O DATE OF AMOUNT AREA DISPUTED STATUS OWNER OR ENGINEER CONTRACT ENGINEER REPRESENTATIVE (Signed) 7 00452-1 BIDDER'S STATEMENT Page 1872 of 2350 Agenda Item #29. SECTION 00453 NONCOLLUSION AFFIDAVIT The undersigned affirms that: a. He/she is duly authorized to execute the contract attached as part of these bid documents, b. This company, corporation, firm, partnership or individual has not prepared this bid In collusion with any other bidder or the Village of Tequesta, c. The contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid, d. He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; e. Such bid is genuine and is not a collusive or sham bid; f. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Contractor: B&B UNDERGROUND CONSTRUCTION, INC. Address: 4050 WESTGATE AVE, SUITE 110, WPB FL 33409 Phone: 561-249-0341 Bidder (Print Name): Fax Number: 561-345-3767 STEPHEN DECKER Position with Company: PRESIDENT (ESTIMATING, PROJECT MANAGEMENT) 7 [Bid er Signature] [date] THE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowled ed before me by means of [X] ahvsical Uresence or [ ] online notarization this 1day of DECEMBER 2022 by STEPHEN DECKER ,who is [-N personally known to me or [ ]who has produced a as identification an wUdid/did not take an oath. (SEAL) 1'3 �,L,FELIP� A. LOFAS Notary Public -State of Florida Commission # GG 940072 Expires Na af� �blic D��nnber 1 �, 20Z3 s, Sty a 00453-1 NONCOLLUSION AFFIDAVIT Page 1873 of 2350 Agenda Item #29. SECTION 00454 DRUG -FREE WORKPLACE CERTIFICATE I, the undersigned, in accordance with Florida Statute 287.087, hereby certify that B&B UNDERGROUND CONSTRUCTION, INC. (Print or Type Name of Firm) • Publishes a written statement notifying that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace named above, and specifying actions that will be taken against violations of such prohibition. • Informs employees about the dangers of drug abuse in the workplace; the frm's policy of maintaining a drug -free working environment and available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug - use violations. • Gives each employee engaged in providing commodities or contractual services that are under bid or proposal a copy of the statement specified above. • Notifies the employees that as a condition of working on the commodities or contractual services under bid or proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 1893 or any controlled substance law of the State of Florida or the United States for a violation occurring in the workplace, no later than 5 days after such conviction, and requires employees to sign copies of such written statement to acknowledge their receipt. • Imposes a sanction on or requires the satisfactory participation in a drug -abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Makes a good faith effort to continue to maintain a drug -free workplace through the implementation of the drug -free workplace program. "As a person authorized to sign this statement, I certify that the business, firm, or corporation named above complies fully with the requirements set forth herein." =Vot-1 — Authorized Signature Date Signed State of.. FLORIDA County of: PALM BEACH Sworn to and subscribed before me this � Y day of DECEMBER , 20 22 Personally known or Produced Identification (Specify Type of Identification) Signul FELIPE A. LOFASO +��o %Notary Public -State of Florida My Comrnissio � Commission # GGOO72 Expiresfvly Commission #11 %�� December 16, 2023 ow 11 DRUG -FREE WORKPLACE CERTIFICATE Page 1874 of 2350 Agenda Item #29. SECTION 00455 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PURSUANTSWORN STATEMENT PUBLIC ENTITY CRIMES THIS FORM MUST ; SIGNED AND SWORN TO IN THE PRESENCE OF A NOTAR-1-1 PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to VILLAGE OF TEQUESTA [print name of the public entity] Y STEPHEN DECKER, PRESIDENT [print individual's name and title] For B&B UNDERGROUND CONSTRUCTION, INC. [print name of entity submitting sworn statement] whose business address is 4050 WESTGATE AVE, SUITE 110 WEST PALM BEACH FL 33409 and pp a licable) its Federal Employer Identification Number (FEIN) is. 47-2946266 (if (If the entityhas no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.13 3 (1)(b), Florida Statutes, means a finding or guilt or a conviction of a public entity crime, with or without an ad 4udication of guilt, in any federal or state trial court of record relating to charges brought by � indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. 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 00455-1 PUBLIC ENTITY CRIMES Page 1875 of 2350 Agenda Item #29. 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 J the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, p employees, Y partners, shareholders to ees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in 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 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.0179 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] [date] 00455-2 PUBLIC ENTITY CRIMES Page 1876 of 2350 Agenda Item #29. THE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of [X] hysical resence or [ ] online notarization this /Y day of DECEMBER 2022 by STEPHEN DECKER ,who is [XI personally known to me or who has [ ]produced a as identification and who did/did not take an oath. (S AL vP�/�� FELIPE A. LOFASO er Notary Public -State of Florida *� Commission # GG 940072 My Commission Expires �Ile °;; �%`�December 16, 2023 Notary P P State of to 00455-3 PUBLIC ENTITY CRIMES Page 1877 of 2350 Agenda Item #29. SECTION 00456 SCRUTINIZED COMPANIES CERTIFICATION FORM By execution below, I, STEPHEN DECKER 5 on behalf of B&B UNDERGROUND CONSTRUCTION, INC. (hereinafter, the `'Contractor"), hereby swear or affirm to the following certifications: The following certifications apply to all procurements: 1. The Contractor has reviewed section 215.4725, Florida Statutes, section 215.473, Florida Statutes and section 287.135, Florida Statutes, and understands the same. 2. The Contractor is not on the Scrutinized Companies that Boycott Israel List nor is the Contractor engaged in a boycott of Israel. 3. If awarded a contract, the Contractor agrees to require these certifications for applicable subcontracts entered into for the performance of work/services under this procurement. 4. If awarded a contract, the Contractor agrees that the certifications in this section shall be effective and relied upon by the City for the entire term of the contract, including any and all renewals. If the contract awarded hereunder is for one million dollars or more, the following additional certifications apply: 1. The Contractor is not on the Scrutinized Companies with Activities in Sudan List. 2. The Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector .List. 3. The Contractor is not engaged in business operations in Cuba or Syria. 5. If awarded a contract, the Contractor agrees to require these certifications for applicable subcontracts entered into for the performance of work/services under this procurement. 6. If awarded a contract, the Contractor agrees that the certifications in this section shall be effective and relied upon by the City for the entire term of the contract, including any and all renewals. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CONTRACTOR: By: B&B UNDERGROUNP CONSTRUCTION, INC. Name. Title: RESIDENT Date: STATE OF FLORIDA COUNTY OF PALM BEACH 00456-1 SCRUTINIZED COMPANIES Page 1878 of 2350 Agenda Item #29. ed The foregoing instrument was sworn to (or affirmed) ) and subscribed before this ty day of DECEMBER 20 22 , by STEPHEN DECKER who is the PRESIDENT of B&B UNDERGROUND CONSTRUCTION INC. , who is personally known to me or who has produced as identification. p y - n NOTARY PUBLIC Printed Name of Notary My Commission OF V FELIPE LOFASO kk;Notary Public -State of Florida *� Commission # GG 940072 ,�°�- My Commission Expires December 16, 2023 00456-2 SCRUTINIZED COMPANIES Page 1879 of 2350 Agenda Item #29. ., .1 . , .1 � . ..I.. . 1�. 11. � � .. . ..-I. .� .�= O- . - . .. . . 1'. _. . , .7,. ., � ..I 1 .-,....:'. . -I--, . .:. , I ` ._. .,I� �. ...1..Melanie S. Griffin, Secre :... ._ 4 . Ron De'Santis, Governor , . . .' „ . . al ...�I-_ .. .. . . .. . . . . .� . .... '. .I. .1I ... .......... 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" •�.x f F? ° �� "� �r3,x�kk 'r 7 t:� #f-i{- [,� fiq,Sj �.:� �m� ` , �I • =•rs" �. �+�. 'fit �`�•� � r :-.��d.` ,� �%oa#a'.4". �_.-`. "� i.::. w� } .,�'4 F i ,i t P II�IIAIie �•r�Y .. S �.�� >i } �-�*vi�" .ct'-�-s�• � { j �,r�x�� i, �� F �✓,k � �'i 4 -� F4Fs� jpxi {i T! ' �s^ti.jvq �t5trw``� f tjA! '�t � O e • x{ �:• l ?� � `8 i .� �'4a_: -n-rfl� rxs':3 •t 7, `I• A .'S F: �. .t �.y. F� ,�,.er :..'tr I` 1 Y i � !� ''-tl�ii i '$ �'1L. �' ,� i'^ :.•P3 •�Y,1 � sl (( �� {-�.-�� E �• ..'"� � � i r.i.w+ UJ L) LL f ��/w' a� "'`�"r�..• ems}... 7 �` �" III �t�T�"CY"^��!¢Vst :G' wFIGT.SW�i �- p ® �, V CL O W � U O 4-J Ul t V) 0 O GL - �► I� ��' •fir l �. Agenda Item #29. Page 1882 of 2350 Agenda Item #29. AInd NEM. GANNON P.O. Box 3353, West Palm Beach, CONSTITUTIONAL TAX COLLECTOR www.pbctax.com Tel: (561) 355-22 Serving Patin Beach County Serving you. TYPE OF BUSINESS OWNER 23-0051 GENERAL CONTRACTOR DECKER STEPHEN iis document is valid only when receipted by the Tax Collector's Office. B AND B UNDERGROUND CONSTRUCTION INC B AND B UNDERGROUND CONTRUCTION INC 4050 WESTGATE AVE STE 110 WEST PALM BEACH FL 33409-4732 il�l�ll"1llY�lllll1'llll11i11llill lllllrll l 'll �� hall � l 11 UF Page 1883 of 2350 Agenda Item #29. DATE IMMIDD[YYYY) E RT MATE OF U A U TY NSURANCE 03/1 ar2022 THIS CERTIFICATE IS ISS UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER T IFICAI E 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brian Schroeder Brown &Brown of Florida, Inc. PHONE (561) 686-2266 FAX No : (561) 686-2313 AIC. No Ext : 1661 Worthington Rd Ste 175 E-MAIL Brian. Schroeder@bbrown_com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # West Palm Beach FL 33409 INSURER A: The Travelers Indemnity Company of America 25666 INSURED INSURER B ; The Phoenix Insurance Company 25623 B&B Underground Construction, Inc INSURER c : Travelers Property Casualty Company of America 25674 4050 Westgate Ave 4110 INSURER D : Bndgefield Casualty Insurance Company INSURER E : Federal Insurance Company 20281 (Nest Palm Beach FL 33409 INSURER F : COVERAGES CERTIFICATE NUMBER: 22-23 Master COI REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN., THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N5RADDLSURR POLICY EFF POLICY EXP LT TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDi MMIDa X COMMERCIAL GENERAL_ LIABILITY CLAIMS -MADE ®OCCUR A ::I - Y DT CO-6P945262-TIA-22 03/20/2022 03/20/2023 GEN'LAGGREGATE LIMITAPPLIES PER POLICY ® PRO- ElLOC J ECT OTHER_ AUTOMOBILE LIABILITY X ANY AUTO B OWNED SCHEDULED 810-6P81753A-22-26-G 03i2012022 03/2012023 AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA UA8 OCCUR CUP-1 S229607-22-26 D312012022 03i2012023 C EXCESS LIAB CLAIMS -MADE DED RETENTION $ 10,DD0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N D ANY PROPRIETORIPARTNERIEXECUTIVE NIA D 196-50601-000 03120I2022 03/20/2023 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E Equipment Floater BINDER 0312012022 03/20/2023 ................. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requirec CERTIFICATE HOLDER CANCELLATION BOVE FOR THE POLICY PERIOD WITH RESPECTTO WHICH THIS UBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGE T`ORTzNTED 5001000 PREMISES Ea occurrence $ MED EXP.(Any one person) $ 101000 PERSONAL RADV INJURY $ 1,000,000 GEN ERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,0001000 Property damage -single $ 86MBINED SINGLE LIMIT $ {Ea accident BODILY INJURY (Per person) S 1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident Medical payments 2,000 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 STATUTE I I ERR EL EACH ACCIDENT 1,000,000 EL DISEASE - EA EMPLOYEE $ ,0001000 E-L DISEASE - POLICY LIMIT $ 1,000,000 Scheduled $62,225 Leased/Rented $250,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1884 of 2350 FL .10 49,76 69,862 20,102 0 35,550 0 0 e E 1®� 49,760 69,862 20,102 I 01 35,550 0 0 farrier: 34169-000 Policy: 19650601 Eff-®ate: 03-20-2022 Exp-®ate: 03-20-2023 © Copyright 1993-2022, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, Inc. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished gAs is' "As available° "With all defects' and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly disclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the product or information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be used for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the product and information are the end user's and NCCI shall not have any liability thereto. Page 1 of 3 Page 1885 of 2350 Agenda Item #29. WORKERS COMPENSATION EXPERIENCE RAT ING Risk Name: B & B UNDERGROUND CONSTRUCTION INC Risk ID: 093167120 Rating Effective Date: 03/20/2023 Production Date: 11/08/2022 State: FLORIDA 09-FLORIDA Firm ID: Firm Name: B & B UNDERGROUND CONSTRUCTION ING Carrier: 24570 Policy No. 001WC19A78264 Eff Date: 03/20/2019 Exp Date: 03/19/2020 d' 77777777 D" ... y rol . ... ...... . LOSSL yea 5507 2.02 .31 298,194 6f024 1?867 5606 .43; .27 881400 380 103: 6306 2.19 .31 721660 1)591 493 6319 1.66 .27 9521478 15,811 4,269 8227 1.98 .31 85,478 1,692 525 8810 .07 257,8771 181 72 9765 WORKPLACE SAFETY -513 -147 9812JEMPLOYERS LIABILIT 0 0 9841 JDRUG-FREE WORKPLAC -12258.1 -359 Subject Policy Total: 1,755,087 Premium: 79,27 09-FLORIDA Firm ID: Firm Name: B & B UNDERGROUND CONSTRUCTION INC Carrier: 34169 Policy No. 19650601 Eff Date: 03/20/2020 Exp Date: 03/20/2021 -2 0930 WAIVER OF SUBROGAT 0 0 5507 2.02 .31 219,987 4,444 1,378 5606 .43 .27 93,840 404 109 6306 2.191 .31 156,928 3?437 1,065 6319 1.661 .271 870,228 141446 3,900 8227 1.98 1 .31 87,970 11742 1 540 8810 1 .071 .40 32217981 :226 90 9812 1EMPLOYERS LIABILIT 0 01 Subject Policy Total: 1,751,751 Premium: 792005 Copyright 1993-2022, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, c. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished "As is ks available" With all defects" and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly sclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the Foduct or information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be sed for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the produc rid information are the end user's and NCCI shall not have any liability thereto. * Total by Policy Year of all cases $2000 or less. D Disease Loss A tx-meaicai t.overage U UOLCX"VV C Catastrophic Loss E Employers Liability Loss # Limited Loss Page 2 of 3 Page 1886 of 2350 Agenda Item #29. . . ..... ....... .. . WORKERS COMPENSATION EXPERIENCE RATING Risk Name: B & B UNDERGROUND CONSTRUCTION INC Risk ID: 093167120 Rating Effective Date: 03/20/2023 Production Date: 11/08/2022 State: FLORIDA 09-FLORIDA Firm ID: Firm Name: B & B UNDERGROUND CONSTRUCTION INC Carrier: 34169 Policy No. 19650601 Eff Date: 03/20/2021 Exp Date: 03/20/2022 t"NOW ... ... .... . . L ftesl- 0930 WAIVER OF SUBROGAT 0 0 5507 2.02 .31 260,528 5,263 1,632 5606 .43 .27 881400 380 103 6306 2.19 .31 102,768 2,251 698 6319 1.66 .27 6011146 9,979 2,694 8227 1.98 .31 158,666 3,142 974 8810 .071 .40 343,212 240 96 9812 1EMPLOYERS LIABILIT 0 0 Subject ,Policy Total: 1,554,720 Premium: 61,900 1 Copyright 1993-2022, All rights reserved. This product is comprised of compilations and information which are the proprietary and exclusive property of the National Council on Compensation Insurance, ic. (NCCI). No further use, dissemination, sale, transfer, assignment or disposition of this product, in whole or in part, may be made without the prior written consent of NCCI. This product is furnished 'As i; ks available' 'With all defects' and includes information available at the time of publication only. NCCI makes no representations or warranties of any kind relating to the product and hereby expressly isclaims any and all express, statutory, or implied warranties, including the implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, or correctness of the roduct or information contained therein. This product and the information contained therein are to be used exclusively for underwriting, premium calculation and other Insurance purposes and may not be sed for any other purpose including but not limited to safety scoring for project bidding purposes. All responsibility for the use of and for any and all results derived or obtained through the use of the produc nd information are the end users and NCCI shall not have any liability thereto. * Total by Policy Year of all cases $2000 or less. D Disease Loss X Ex -Medical Coverage U U5L&r1VV C Catastrophic Loss E Employers Liability Loss # Limited Loss Page 3 of 3 Page 1887 of 2350 Agenda Item #29. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between Village of Tequesta ("Owner") and B&B Underground Construction, Inc. ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: the installation of approximately 11,000 linear feet of new 8-inch to 12-inch water main, abandonment of existing water main, and connections to side streets and related services, fittings, and appurtenances. At this time the Owner is only awarding the work included on Country Club Drive, Country Club Circle, Tradewinds Circle, and Leeward Circle. Based on available funding and the Owner's discretion, the work on Tequesta Drive may be awarded at a later date via Change Order and will be awarded according to the Unit Prices included in the Bid Form. ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Holtz Consulting Engineers. 3.02 The Owner has retained Holtz Consulting Engineers ("Engineer") 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 the completion of the Work in accordance with the Contract Documents. ARTI CLE 4 — CO NTRACT TI M ES 4.01 Time of the Essence A. 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. 4.02 Contract Times: Days A. The Work will be substantially completed within 180 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 210 calendar days after the date when the Contract Times commence to run. 00520, Agreement Page 1 of 13 Page 1888 of 2350 Agenda Item #29. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $1,000.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of: $ NA All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): 00520, Agreement Page 2of13 Page 1889 of 2350 Agenda Item #29. Item No. Description Unit Estimated Quantity Bid Unit Price Bid Amount 1A Mobilization, Demobilization, Bonds & Insurance (5%) 0.8 LS $175,000.00 $ 140,000.00 1B Maintenance of Traffic 0.8 LS $137,500.00 $ 110,000.00 1C As -built Record Drawings 0.7 LS $25,000.00 $ 17,500.00 1D Audio Video Documentation 0.43 LS $3,500.00 $ 11505.00 1E NPDES Permit/Erosion Measures 0.43 LS $15,000.00 $ 61450.00 2 Furnish and Install 4-inch PVC Water Main 0 LF $250.00 $ - 3 Furnish and Install 6-inch PVC Water Main 80 LF $250.00 $ 20,000.00 4 Furnish and Install 8-inch PVC Water Main 2020 LF $105.00 $ 212,100.00 5 Furnish and Install 10-inch PVC Water Main 2620 LF $112.00 $ 293,440.00 6 Furnish and Install 12-inch PVC Water Main 0 LF $500.00 $ - 7 Furnish and Install 10-inch HDPE Water Main 0 LF $115.00 $ - 8 Furnish and Install 12-inch HDPE Water Main 570 LF $117.00 $ 66,690.00 9 Furnish and Install Ductile Iron Fittings 3.7 Tons $22,500.00 $ 83,250.00 10 Furnish and Install 10" PVC/HDPE Transition Adapter 0 EA $450.00 $ - 11 Furnish and Install 12" PVC/HDPE Transition Adapter 4 EA $500.00 $ 21000.00 12 Furnish and Install 4-Inch Gate Valve with Valve Box 0 EA $1, 500.00 $ - 13 Furnish and Install 6-Inch Gate Valve with Valve Box 0 EA $2,000.00 $ - 14 Furnish and Install 8-Inch Gate Valve with Valve Box 7 EA $2,500.00 $ 17,500.00 15 Furnish and Install 10-Inch Gate Valve with Valve Box 15 EA $4,000.00 $ 60,000.00 16 Furnish and Install 12-Inch Gate Valve with Valve Box 0 EA $5,500.00 $ - 17 Furnish and Install Fire Hydrant Assembly w/ 6" GV AND Valve Box 8 EA $7,500.00 $ 60,000.00 18 Furnish and Install 24" X 24" Concrete Collar w/ Tracer Wire Access Box 2 EA $1,000.00 $ 2,000.00 19 Connect New Water Main to Water Main (6" to 12") 7 EA $6,000.00 $ 42,000.00 20 Furnish and Install Blow -Off Assembly 3 EA $2,500.00 $ 71500.00 21 2" Fill and Flushing Assembly 7 EA $2,200.00 $ 15,400.00 22 Furnish and Install Sample Point 15 EA $650.00 $ 91750.00 23 Furnish and Install Short Single Service 24 EA $2,500.00 $ 60,000.00 24 Furnish and Install Long Single Service (Directional Bore w/ Casing) 22 EA $4,100.00 $ 90,200.00 25 Furnish and Install Short Double Service 5 EA $3,500.00 $ 17,500.00 26 Furnish and Install Long Double Service (Directional Bore w/ Casing) 11 EA $5,100.00 $ 56,100.00 27 Pressure Testing and Chlorinating New Water Main 5290 LF $2.00 $ 10,580.00 28 Cap, Grout, and Abandon Existing 4" AC Pipe 0 LF $6.00 $ - 29 Cap, Grout, and Abandon Existing 6" AC Pipe 100 LF $7.50 $ 750.00 30 Cap, Grout, and Abandon Existing 8" AC Pipe 6700 LF $8.00 $ 53,600.00 31 Cap, Grout, and Abandon Existing 10" AC Pipe 0 LF $9.00 $ - 32 Concrete Sidewalk 50 SY $100.00 $ 51000.00 00520, Agreement Page 3 of 13 Page 1890 of 2350 Agenda Item #29. 33 Brick Paver Sidewalk 0 SY $300.00 $ - 34 Gravel Driveway Crossing and Restoration 0 SY $65.00 $ - 35 Asphalt Driveway Crossing and Restoration 220 SY $220.00 $ 48,400.00 36 Concrete Driveway Crossing and Restoration 440 SY $120.00 $ 52,800.00 37 Stamped Concrete Driveway Crossing and Restoration 40 SY $210.00 $ 8,400.00 38 Brick Paver Driveway Crossing and Restoration 460 SY $115.00 $ 52,900.00 39 Asphalt Pavement Crossing and Restoration 600 SY $80.00 $ 48,000.00 40 Mill and Overlay Existing Asphalt Road 1445 SY $35.00 $ 50,575.00 41 Sodding 6200 SY $11.50 $ 71,300.00 42 Tree & Shrubbery Restoration 1 LS $45,000.00 $ 45,000.00 43 Miscellaneous Restoration 0.9 LS $149,250.00 $ 134,325.00 44 Root Barrier 400 LF $17.50 $ 7,000.00 45 Furnish and Install 4" Line Stop Assembly 1 EA $8,750.00 $ 8,750.00 46 Furnish and Install 6" Line Stop Assembly 1 EA $9,800.00 $ 9,800.00 47 Furnish and Install 8" Line Stop Assembly 1 EA $10,600.00 $ 10,600.00 48 Furnish and Install 10" Line Stop Assembly 1 EA $12,300.00 $ 12,300.00 49 Owner's Allowance 1 LS $50,000.00 $ 50,000.00 Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual$ quantities) 21070,965.00 The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $ 2,070,965.00 D. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 25th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract 00520, Agreement Page 4 of 13 Page 1891 of 2350 Agenda Item #29. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, the retainage will be reduced in accordance with Florida Statute 218.735; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 1 percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. 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. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating 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. E. 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, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. 00520, Agreement Page 5 of 13 Page 1892 of 2350 Agenda Item #29. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. 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 the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. 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 the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 13 , inclusive). 2. Performance bond (pages 1 to 4 , inclusive). 3. Payment bond (pages 1 to 4_, inclusive). 4. Other bonds. a. (pages to , inclusive). b. (pages to , inclusive). C. (pages to , inclusive). 5. General Conditions (pages 1 to 70 , inclusive). 6. Supplementary Conditions (pages 1 to 11 , inclusive). 7. SRF Supplemental Conditions (Sections 00801 and 00802). 8. Specifications as listed in the table of contents of the Project Manual. 9. Drawings (not attached but incorporated by reference) consisting of 20 sheets with each sheet bearing the following general title: Village of Teguesta AC Water Main Replacement Project (WM-01 & WM-04) 10. Addenda (numbers 1 to 3 , inclusive). 11. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 51, inclusive). 12. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. 00520, Agreement Page 6of13 Page 1893 of 2350 Agenda Item #29. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing 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 influence the bidding process or the execution of the Contract to the detriment 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; 00520, Agreement Page 7of13 Page 1894 of 2350 Agenda Item #29. 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 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. 10.06 Indemnity A. The parties recognize that the Contractor is an independent contractor. The Contractor agrees to assume liability for and indemnify, hold harmless, and defend the Owner, its council members, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, equitable relief, or loss of use, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor, its agents, officers, Contractors, subcontractors, employees, or anyone else utilized by the Contractor in the performance of this Contract. The Contractor's liability hereunder shall include all attorney's fees and costs incurred by the Owner in the enforcement of this indemnification provision. This includes claims made by the employees of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive termination of this Contract and shall not be limited by the amount of any insurance required to be obtained or maintained under this Contract. B. Subject to the limitations set forth in this Section, Contractor shall assume control of the defense of any claim asserted by a third party against the Owner and, in connection with such defense, shall appoint lead counsel, in each case at the Contractor's expense. The Owner shall have the right, at its option, to participate in the defense of any third party claim, without relieving Contractor of any of its obligations hereunder. If the Contractor assumes control of the defense of any third party claim in accordance with this paragraph, the Contractor shall obtain the prior written consent of the Owner before entering into any settlement of such claim. Notwithstanding anything to the contrary in this Section, the Contractor shall not assume or maintain control of the defense of any third party claim, but shall pay the fees of counsel retained by the Owner and all expenses, including experts' fees, if (i) an adverse determination with respect to the third party claim would, in the good faith judgment of the Owner, be detrimental in any material respect to the Owner's reputation; (ii) the third party claim seeks an injunction or equitable relief against the Owner; or (iii) the Contractor has failed or is failing to prosecute or defend vigorously the third party claim. Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution of any third party claim and shall furnish or cause to be furnished such records and information, and attend such conferences, discovery proceedings, hearings, trials, or appeals, as may be reasonably requested in connection therewith. C. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06, Florida Statutes, as amended. Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06, Florida Statues. Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the Owner may have under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. 10.07 Governing Law and Remedies 00520, Agreement Page 8 of 13 Page 1895 of 2350 Agenda Item #29. A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue for any and all disputes related to or arising from this Agreement shall be in Palm Beach County, Florida. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 10.08 Office of the Inspector General A. Palm Beach County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County programs, contracts, transactions, accounts and records. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records, and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all Owner contracts. 10.09 Public Records Contractor shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the Owner as provided under section 119.011(2), Florida Statutes, specifically agrees to: (a) Keep and maintain public records required by the Owner to perform the service. Upon request from the Owners's custodian of public records or designee, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized bylaw for the duration of this Contract and following completion of this Contract if the Contractor does not transfer the records to the Owner. Upon completion of this Contract, transfer, at no cost, to the Owner all public records in possession of the Contractor or keep and maintain public records required by the Owner to perform the service. If the Contractor transfers all public records to the Owner upon completion of the Contract, 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 Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records or designee, in a format that is compatible with the information technology systems of the Owner. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE 00520, Agreement Page 9of13 Page 1896 of 2350 Agenda Item #29. CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT 561-768-0443, Imcwilliams@tequesta., OR BY MAIL AT VILLAGE OF TEQUESTA, 345 TEQUESTA DRIVE, TEQUESTA, FL 33469. 10.10 Insurance A. The limits of liability for insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Law and Regulations: 1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions: a. State Statutory b. Applicable Federal Statutory C. Employer Liability: Bodily injury, each accident $1,000,000 Bodily injury by disease, each employee $500,000 Bodily injury/disease aggregate $1,000,000 d. Foreign voluntary worker compensation Statutory 2. Contractor's Commercial General Liability under Paragraphs 6.03.13 and 6.03.0 of the General Conditions: a. General Aggregate $2,000,000 b. Products — Completed Operations Aggregate $21000,000 C. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 (Bodily Injury and Property Damage) 3. Automobile Liability under paragraph 6.03.1) of the General Conditions: a. Bodily Injury: Each Person $500,000 Each Accident $1,0001000 b. Property Damage: Each Incident $1.,000"000 4. Umbrella of Excess Liability under paragraph 6.03.E of the General Conditions: a. Excess or Umbrella Liability 1) General Aggregate $5,000,000 2) Each Occurrence $1,000,000 5. Contractor's Pollution Liability under paragraph 6.03.F of the General Conditions: a. Contractor's Pollution Liability 1) General Aggregate $2.,000,.000 2) Each Occurrence $1,000,000 6. Additional Insureds include the respective officers, partners, directors, employees, agents, consultants, and subconsultants of the following firms and municipal government(s): a. Village of Tequesta 00520, Agreement Page 10 of 13 Page 1897 of 2350 Agenda Item #29. 10.11 Audit By Owner A. The Contractor shall permit the Owner, or any authorized representatives of the Owner, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the Contractor's performance under this Agreement including, but not limited to, expenses for sub -contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. 10.12 Copies of Data/Documents A. Copies or original documents prepared by the Contractor in relation to work associated with this Agreement shall be provided to the Owner. Data collected, stored, and/or provided shall be in a form acceptable to the Owner and agreed upon by the Owner. 10.13 Ownership A. Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Contractor pursuant to or in connection with this Agreement shall be the exclusive property of the Owner. 10.14 Limitations of Liability A. Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non -compensatory damages. 10.15 Enforcement Costs A. All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to the Agreement's execution, validity, the obligations provided therein, or performance of this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provisions of this Agreement. 10.16 Copyrights and/or Patent Rights A. Contractor warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing or selling of the goods, shipped or ordered, as a result of this Agreement and the Contractor agrees to hold the Owner harmless from any and all liability, loss, or expense occasioned by any such violation. 10.17 Protection of Property A. The Contractor shall at all times guard against damage or loss to the property of the Owner or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The Owner may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful Contractor or its agents. The Contractor shall be responsible to safeguard all of their property such as tools and equipment while on site. The Owner will not be held responsible for any loss of Contractor property due to theft or vandalism. 10.18 Damage to Persons or Property A. The responsibility for all damage to person or property arising out of or on account of Scope of Work done under this Contract shall rest upon the Contractor. 00520, Agreement Page 11 of 13 Page 1898 of 2350 Agenda Item #29. 10.19 Discrimination A. The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, political affiliation, marital status, handicap, or sexual orientation. Further, Contractor shall not discriminate or permit discrimination against any employee or an applicant for employment on the basis of race, color, sex, religion, political affiliation, natural origin, ancestry, marital status, sexual orientation or handicap. 10.20 Construction Defects A. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 5581 FLORIDA STATUTES. 10.21 Public Entity Crimes Contractor 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. The Contractor will advise the Owner immediately if it becomes aware of any violation of this statute. 10.22 Scrutinized Companies A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135, Florida Statutes, the Owner may immediately terminate this Agreement at its sole option if the Contractor or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of this Agreement. B. If this Agreement is for one million dollars or more, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, the Owner may immediately terminate this Agreement at its sole option if the Contractor, or any of its subcontractors are found to have submitted a false certification; or if the Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. C. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. D. The Contractor agrees that the certifications in this section shall be effective and relied upon by the Owner for the term of this Agreement, including any and all renewals. E. The Contractor agrees that if it or any of its subcontractors' status changes in regards to any certification herein, the Contractor shall immediately notify the Owner of the same. 00520, Agreement Page 12 of 13 Page 1899 of 2350 Agenda Item #29. F. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). VILLAGE: CONTRACTOR: B&B Underground Construction By. Title: Mayor Attest: Title: Village Clerk Approved as to Form: Title: Village Attorney Address for giving notices: Village Manager 345 Tequesta Drive Tequesta FL, 33469 By. Title: (Seal) The foregoing instrument was sworn to (or affirmed) and subscribed before this _ day of 20 by who is [ ] personally know to me or [ ] who has produced a as identification and who did/did not take an oath. (Seal) Notary Public State of Florida Address for giving notices: License No.: (where applicable) 00520, Agreement Page 13 of 13 Page 1900 of 2350 Agenda Item #29. PERFORMANCE BOND Contractor Surety Name: B&B Underground Construction, Inc. Name: Address (principal place of business): Address (principal place of business): 4050 Westgate Ave, Suite 110, West Palm Beach, FL 33409 Owner Contract Name: Village of Tequesta Description (name and location): Mailing address (principal place of business): Water Main Replacement Program Project No. 01 & No. 4 345 Tequesta Drive Tequesta, FL 33469 Contract Price: $2,070,965.00 Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑X None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Performance Bond, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Sign a ture) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. EJCDC° C-610, Performance Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 Page 1901 of 2350 Agenda Item #29. 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If 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 does not waive the Owner's right, if any, subsequently to declare a Contractor Defa u It; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; a n d 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. 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 a contractor selected with the Owners concurrence, to be secured 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 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: EJCDC° C-610, Performance Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 Page 1902 of 2350 Agenda Item #29. 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. 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 will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. 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 provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such EJCDC° C-610, Performance Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 Page 1903 of 2350 Agenda Item #29. statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. 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 for the Contractor for 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. 14.2. Construction Contract —The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default —Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default —Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: None EJCDC° C-610, Performance Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 Page 1904 of 2350 Agenda Item #29. PAYMENT BOND Contractor Surety Name: B&B Underground Construction, Inc. Name: Address (principal place of business): Address (principal place of business): 4050 Westgate Ave, Suite 110 West Palm Beach, FL 33409 Owner Contract Name: Village of Tequesta Description (name and location): Mailing address (principal place of business): Water Main Replacement Program Project No. 01 345 Tequesta Drive & No. 4 Tequesta, FL 33469 Contract Price: $2,0701965.00 Effective Date of Contract: Bond Bond Amount: Date of Bond: (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: 0 None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety) (corporate seal) By: By: (Signature) (Sign a ture) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. EJCDC° C-615, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 Page 1905 of 2350 Agenda Item #29. 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, 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, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. EJCDC° C-615, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 Page 1906 of 2350 Agenda Item #29. 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. 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 provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim —A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; EJCDC° C-615, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 Page 1907 of 2350 Agenda Item #29. 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant —An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the terms of "labor, materials, or equipment" that part of the 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 Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract —The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default —Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None EJCDC° C-615, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 Page 1908 of 2350 Agenda Item #29. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 6 Article2—Preliminary Matters..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ......................................... 7 2.02 Copies of Documents.................................................................................................................... 7 2.03 Before Starting Construction........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules..............................................................................................................8 2.06 Electronic Transmittals................................................................................................................. 8 Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9 3.01 Intent............................................................................................................................................. 9 3.02 Reference Standards.....................................................................................................................9 3.03 Reporting and Resolving Discrepancies......................................................................................1 3.04 Requirements of the Contract Documents.................................................................................10 3.05 Reuse of Documents...................................................................................................................11 Article 4—Commencement and Progress of the Work..............................................................................11 4.01 Commencement of Contract Times; Notice to Proceed.............................................................11 4.02 Starting the Work........................................................................................................................11 4.03 Reference Points.........................................................................................................................11 4.04 Progress Schedule.......................................................................................................................12 4.05 Delays in Contractor's Progress..................................................................................................12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions ....................13 5.01 Availability of Lands....................................................................................................................13 5.02 Use of Site and Other Areas........................................................................................................14 5.03 Subsurface and Physical Conditions............................................................................................15 5.04 Differing Subsurface or Physical Conditions...............................................................................16 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 Page 1909 of 2350 Agenda Item #29. 5.05 Underground Facilities................................................................................................................17 5.06 Hazardous Environmental Conditions at Site.............................................................................19 Article6-Bonds and Insurance..................................................................................................................21 6.01 Performance, Payment, and Other Bonds.................................................................................. 21 6.02 Insurance -General Provisions...................................................................................................22 6.03 Contractor's Insurance................................................................................................................24 6.04 Builder's Risk and Other Property Insurance..............................................................................25 6.05 Property Losses; Subrogation.....................................................................................................25 6.06 Receipt and Application of Property Insurance Proceeds..........................................................27 Article 7-Contractor's Responsibilities.....................................................................................................27 7.01 Contractor's Means and Methods of Construction.................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 27 7.03 Labor; Working Hours................................................................................................................. 27 7.04 Services, Materials, and Equipment........................................................................................... 28 7.05 "Or Equals"..................................................................................................................................28 7.06 Substitutes.................................................................................................................................. 29 7.07 Concerning Subcontractors and Suppliers..................................................................................31 7.08 Patent Fees and Royalties...........................................................................................................32 7.09 Permits........................................................................................................................................ 33 7.10 Taxes........................................................................................................................................... 33 7.11 Laws and Regulations..................................................................................................................33 7.12 Record Documents......................................................................................................................33 7.13 Safety and Protection................................................................................................................. 34 7.14 Hazard Communication Programs.............................................................................................. 35 7.15 Emergencies................................................................................................................................ 35 7.16 Submittals...................................................................................................................................35 7.17 Contractor's General Warranty and Guarantee.........................................................................38 7.18 Indemnification........................................................................................................................... 39 7.19 Delegation of Professional Design Services................................................................................ 39 Article 8-Other Work at the Site...............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination...............................................................................................................................41 8.03 Legal Relationships......................................................................................................................41 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 Page 1910 of 2350 Agenda Item #29. Article 9-Owner's Responsibilities............................................................................................................42 9.01 Communications to Contractor..................................................................................................42 9.02 Replacement of Engineer............................................................................................................42 9.03 Furnish Data................................................................................................................................42 9.04 Pay When Due.............................................................................................................................42 9.05 Lands and Easements; Reports, Tests, and Drawings.................................................................43 9.06 Insurance..................................................................................................................................... 43 9.07 Change Orders............................................................................................................................43 9.08 Inspections, Tests, and Approvals...............................................................................................43 9.09 Limitations on Owner's Responsibilities.....................................................................................43 9.10 Undisclosed Hazardous Environmental Condition......................................................................43 9.11 Evidence of Financial Arrangements...........................................................................................43 9.12 Safety Programs.......................................................................................................................... 43 Article 10-Engineers Status During Construction....................................................................................44 10.01 Owner's Representative..........................................................................................................44 10.02 Visits to Site.............................................................................................................................44 10.03 Resident Project Representative.............................................................................................44 10.04 Engineers Authority...............................................................................................................44 10.05 Determinations for Unit Price Work .......................................................................................45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 Limitations on Engineers Authority and Responsibilities......................................................45 10.08 Compliance with Safety Program............................................................................................45 Article 11-Changes to the Contract..........................................................................................................46 11.01 Amending and Supplementing the Contract..........................................................................46 11.02 Change Orders........................................................................................................................46 11.03 Work Change Directives.......................................................................................................... 46 11.04 Field Orders.............................................................................................................................47 11.05 Owner -Authorized Changes in the Work................................................................................47 11.06 Unauthorized Changes in the Work........................................................................................47 11.07 Change of Contract Price........................................................................................................47 11.08 Change of Contract Times.......................................................................................................49 11.09 Change Proposals....................................................................................................................49 11.10 Notification to Surety..............................................................................................................50 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Page 1911 of 2350 Agenda Item #29. Article12—Claims .......................................................................................................................................50 12.01 Claims......................................................................................................................................50 Article 13—Cost of the Work; Allowances; Unit Price Work...................................................................... 51 13.01 Cost of the Work..................................................................................................................... 51 13.02 Allowances.............................................................................................................................. 55 13.03 Unit Price Work.......................................................................................................................55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 14.01 Access to Work........................................................................................................................ 56 14.02 Tests, Inspections, and Approvals...........................................................................................56 14.03 Defective Work....................................................................................................................... 57 14.04 Acceptance of Defective Work................................................................................................58 14.05 Uncovering Work ....................................................................................................................58 14.06 Owner May Stop the Work.....................................................................................................58 14.07 Owner May Correct Defective Work....................................................................................... 59 Article 15—Payments to Contractor; Set -Offs; Completion; Correction Period........................................59 15.01 Progress Payments..................................................................................................................59 15.02 Contractor's Warranty of Title................................................................................................ 62 15.03 Substantial Completion...........................................................................................................62 15.04 Partial Use or Occupancy........................................................................................................ 63 15.05 Final Inspection....................................................................................................................... 64 15.06 Final Payment..........................................................................................................................64 15.07 Waiver of Claims..................................................................................................................... 65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination.....................................................................................67 16.01 Owner May Suspend Work..................................................................................................... 67 16.02 Owner May Terminate for Cause............................................................................................ 67 16.03 Owner May Terminate for Convenience................................................................................. 68 16.04 Contractor May Stop Work or Terminate............................................................................... 68 Article 17—Final Resolution of Disputes....................................................................................................69 17.01 Methods and Procedures........................................................................................................69 Article18—Miscellaneous .......................................................................................................................... 69 18.01 Giving Notice........................................................................................................................... 69 18.02 Computation of Times.............................................................................................................69 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 Page 1912 of 2350 Agenda Item #29. 18.03 Cumulative Remedies.............................................................................................................70 18.04 Limitation of Damages............................................................................................................ 70 18.05 No Waiver............................................................................................................................... 70 18.06 Survival of Obligations............................................................................................................70 18.07 Controlling Law....................................................................................................................... 70 18.08 Assignment of Contract...........................................................................................................70 18.09 Successors and Assigns........................................................................................................... 70 18.10 Headings..................................................................................................................................70 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 Page 1913 of 2350 Agenda Item #29. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The document prepared by Contractor, in a form acceptable to Engineer, to request 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. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 70 Page 1914 of 2350 Agenda Item #29. 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. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. 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), lead -based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations 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 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. Electronic Document —Any Project -related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means —Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 70 Page 1915 of 2350 Agenda Item #29. recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer —The individual or entity named as such in the Agreement. 23. 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. 24. 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. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 27. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29. 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. 30. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 70 Page 1916 of 2350 Agenda Item #29. 33. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. 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. 35. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals. 36. 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. 37. 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. 38. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. 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. 40. 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. 41. Submittal —A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner -delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality -control testing and inspections, and field or Site quality -control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. 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 of such Work. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 70 Page 1917 of 2350 Agenda Item #29. 43. Successful Bidder —The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 45. Supplier —A manufacturer, fabricator, supplier, distributor, 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. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities —All active or not -in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work —Work to be paid for on the basis of unit prices. 49. 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. 50. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 70 Page 1918 of 2350 Agenda Item #29. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.13, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 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: The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. 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 Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means 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, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, means 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," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 70 Page 1919 of 2350 Agenda Item #29. F. Contract Price or Contract Times: References to a change in "Contract Price or Contract Times" or "Contract Times or Contract Price" or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed. G. 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 Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner's Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), 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 signed 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 required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 70 Page 1920 of 2350 Agenda Item #29. 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 pa rty. 2.05 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 the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will 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. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 70 Page 1921 of 2350 Agenda Item #29. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document 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 versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will 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. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. 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. 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, means 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, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer 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 or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 70 Page 1922 of 2350 Agenda Item #29. inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 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 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 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 in writing 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 70 Page 1923 of 2350 Agenda Item #29. 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 notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, 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 precludes 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 30th 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 60th day after the day of Bid opening or the 30th 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 may 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 70 Page 1924 of 2350 Agenda Item #29. established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must 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 will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or 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. Such an adjustment will 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 third -party utility owners or other third -party entities (other than those third -party utility owners or other third -party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 70 Page 1925 of 2350 Agenda Item #29. D. Contractor's entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price 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. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. 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, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses 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. ARTICLE S—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 70 Page 1926 of 2350 Agenda Item #29. 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, or to improvements, structures, utilities, or similar facilities located at such adjacent lands 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 7.13, 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 in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 70 Page 1927 of 2350 Agenda Item #29. 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 of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: 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 Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: 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; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site -related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival documents concerning the Site; or 4. 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° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 70 Page 1928 of 2350 Agenda Item #29. 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: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 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 whether it is necessary for Owner to obtain 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; 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. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 70 Page 1929 of 2350 Agenda Item #29. 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, c. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 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; 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 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, then any such adjustment will 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, 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. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 70 Page 1930 of 2350 Agenda Item #29. 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. 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 on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; 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 4. 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. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 70 Page 1931 of 2350 Agenda Item #29. or indicated on the Drawings, 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. 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; b. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. 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, then any such adjustment will 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, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 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 on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70 Page 1932 of 2350 Agenda Item #29. of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, 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. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 70 Page 1933 of 2350 Agenda Item #29. conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, 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.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 obligates 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 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6-130NDS 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 Contractor's obligations under the Contract. These bonds must 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 terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 Page 1934 of 2350 Agenda Item #29. Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, 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 must show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. 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. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 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. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self -insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 70 Page 1935 of 2350 Agenda Item #29. Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages 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, documentation of applicable self -insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. 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, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option, may purchase and maintain Owner's own liability insurance. 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. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies) on each Subcontractor's commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain 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. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) 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 will be adjusted accordingly. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70 Page 1936 of 2350 Agenda Item #29. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, 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 and Engineer. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, 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; 4. apply with respect to the performance of the Work, whether such performance is 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; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 Page 1937 of 2350 Agenda Item #29. 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor's acts or omissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. 6.04 Builder's Risk and Other 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 Work's full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder's risk insurance. The builder's risk insurance may terminate upon written confirmation of Owner's procurement of such property insurance. 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 advance notice of such occupancy or use to the builder's risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. 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 6.04, it may do so at Contractor's expense. 6.05 Property Losses; Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 70 Page 1938 of 2350 Agenda Item #29. Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. 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, risks, 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 individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater 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. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, 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, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. 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 all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights 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 insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 Page 1939 of 2350 Agenda Item #29. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses maybe 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 6.04 shall maintain such proceeds in a segregated account, and 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, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner -delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor's determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 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 maintain good discipline and order at the Site. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 70 Page 1940 of 2350 Agenda Item #29. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. 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 will 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. 7.04 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 must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will 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 must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 "Or Equals" A. Contractor's Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, 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 equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an "or equal" item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 70 Page 1941 of 2350 Agenda Item #29. 2) 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) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or - equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal," which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request will result in any change in Contract Price. The Engineer's denial of an "or -equal" request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor's Request; Governing Criteria: Unless the specification or description of an item of equipment or material 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 equipment or material under the circumstances described below. To the extent possible such requests must 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 equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 70 Page 1942 of 2350 Agenda Item #29. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will 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 the item specified; and 3) be suited to the same use as the item 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 the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 70 Page 1943 of 2350 Agenda Item #29. 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 will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers 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 or Supplier 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 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. 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 or Suppliers 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 or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 70 Page 1944 of 2350 Agenda Item #29. 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 solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 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 an 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 will be disclosed 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 70 Page 1945 of 2350 Agenda Item #29. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 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. 7.11 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. 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 is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written 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 written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 70 Page 1946 of 2350 Agenda Item #29. 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. 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. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work -related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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). E. 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. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 70 Page 1947 of 2350 Agenda Item #29. I. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.0 that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor's duties and responsibilities for safety and protection will 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. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent 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 by an emergency, or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) 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 3) all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 70 Page 1948 of 2350 Agenda Item #29. 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures forShop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 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.C. 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. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. 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, comply with the requirements of 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 will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 70 Page 1949 of 2350 Agenda Item #29. document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 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, will 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 or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 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 Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner -Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner -delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 70 Page 1950 of 2350 Agenda Item #29. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non -acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner -delegated Designs: Submittals pursuant to Owner -delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Con tractor'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 is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13, such that any related Claim must be brought within 30 days of the notice. C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, 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. D. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Owner's warranty and guarantee rights under this Paragraph 7.17: 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. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 70 Page 1951 of 2350 Agenda Item #29. 9. Any correction of defective Work by Owner. E. 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 will 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 losses, damages, costs, and judgments (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 from third -party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage 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 will 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. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner -delegated design. B. Contractor shall cause such Owner -delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner -delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 70 Page 1952 of 2350 Agenda Item #29. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner -delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner -delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. 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 third -party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 70 Page 1953 of 2350 Agenda Item #29. E. If the proper execution or results of any part of Contractor's Work depends upon work performed by others,. 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. F. The provisions of this article are not applicable to work that is performed by third -party utilities or other third -party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 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 for Owner at or adjacent to the Site, the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, 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. 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 will 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, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will 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 or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 70 Page 1954 of 2350 Agenda Item #29. 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. 1. 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 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 8.03.13. 2. 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 Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents will 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 70 Page 1955 of 2350 Agenda Item #29. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. 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 (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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 70 Page 1956 of 2350 Agenda Item #29. 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 10.07. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident 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 the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16. C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer's authority as to changes in the Work is set forth in Article 11. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 70 Page 1957 of 2350 Agenda Item #29. E. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.05 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. 10.06 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. 10.07 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, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under 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 10.07 also apply to the Resident Project Representative, if any. 10.08 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 of which Engineer has been informed. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 70 Page 1958 of 2350 Agenda Item #29. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract maybe amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that 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, must be supported by Engineer's recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in 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 11.05, (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 that embody the substance of any final and binding results under: Paragraph 11.03.6, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. 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 11.07 regarding change of Contract Price. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 70 Page 1959 of 2350 Agenda Item #29. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. 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. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 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. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Work 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 must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates 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. 11.06 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.C.2. 11.07 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 must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 70 Page 1960 of 2350 Agenda Item #29. 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); 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 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will 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 13.01.6.1 and 13.01.6.2, the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.6.3, the Contractor's fee will be 5 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 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.6.1 and 13.01.6.2 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 5 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 will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.6.4, 13.01.13.5, 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 of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.E (specifically, payroll costs, Paragraph 13.01.6.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.01.13.3; special consultants costs, Paragraph 13.01.13.4; and other costs, Paragraph 13.01.13.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 70 Page 1961 of 2350 Agenda Item #29. 11.08 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 must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: 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. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must 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. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 70 Page 1962 of 2350 Agenda Item #29. 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. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. 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 in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post -Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.13. 11.10 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 are subject 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; 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; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.13. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 70 Page 1963 of 2350 Agenda Item #29. 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 will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will 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 will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will 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 will 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 will 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 will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 70 Page 1964 of 2350 Agenda Item #29. 2. When needed 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 will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will 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 in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will 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, which 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 will 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 or retained for services specifically related to the Work. 5. Other costs consisting of 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, which are EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 70 Page 1965 of 2350 Agenda Item #29. 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. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor -related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price ("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed 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 deductible amounts of builder's risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 70 Page 1966 of 2350 Agenda Item #29. 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 does not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5. 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. 6. Expenses incurred in preparing and advancing Claims. 7. 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 1. When the Work as a whole is performed on the basis of cost -plus -a -fee, then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor's fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost -plus -a -fee, then Contractor's fee for any Work covered by a Change EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 70 Page 1967 of 2350 Agenda Item #29. Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 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 for any of the foregoing will be valid. C. Owner's Contingency Allowance: Contractor agrees that an Owner's 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 for Work covered by allowances, and the Contract Price will 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 70 Page 1968 of 2350 Agenda Item #29. thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. 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 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 with such procedures and programs 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 will 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 70 Page 1969 of 2350 Agenda Item #29. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will 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 will be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 70 Page 1970 of 2350 Agenda Item #29. 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 will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 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. 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, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 70 Page 1971 of 2350 Agenda Item #29. or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will 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 defective Work as required by Engineer, then Owner may, after 7 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 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. 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 must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 70 Page 1972 of 2350 Agenda Item #29. establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) 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. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 70 Page 1973 of 2350 Agenda Item #29. 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; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from 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; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 70 Page 1974 of 2350 Agenda Item #29. 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 has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other 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; or I. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will 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 will be treated as an amount due as determined by Paragraph 15.01.D.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 7 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 70 Page 1975 of 2350 Agenda Item #29. 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 will 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 7 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. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 70 Page 1976 of 2350 Agenda Item #29. significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At anytime, 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 15.03.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 6.04 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 inspection, annotated record documents (as provided in Paragraph 7.12), and other documents,. Contractor may make application for final payment. 2. The final Application for Payment must 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 70 Page 1977 of 2350 Agenda Item #29. d. a list of all duly pending Change Proposals and Claims; 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 Final Application and Recommendation of Payment: 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 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will 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. 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. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. 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 and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 70 Page 1978 of 2350 Agenda Item #29. appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. 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 as a Claim, 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 Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor's repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect 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 adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, 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 from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.13. C. If, after receipt of a notice of defect within 60 days and within the correction period, 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 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). Contractor's failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13, such that any related Claim must be brought within 30 days of the failure to pay. D. 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. E. 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° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 70 Page 1979 of 2350 Agenda Item #29. F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to 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 directly attributable to any such suspension. Any Change Proposal seeking such adjustments must 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) 10 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) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within 7 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 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 70 Page 1980 of 2350 Agenda Item #29. attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 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 will govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 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; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post -termination overhead costs, 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 7 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, 7 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 70 Page 1981 of 2350 Agenda Item #29. provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise 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; 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 requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid, to the recipient's place of business; or 3. by e-mail to the recipient, with the words "Formal Notice" or similar in the e-mail's subject line. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 70 Page 1982 of 2350 Agenda Item #29. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 70 Page 1983 of 2350 Agenda Item #29. SUPPLEMENTAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC° C-700 (2013 Edition). All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC-1.01 Defined Terms SC-1.01. Add to the list of definitions in Paragraph 1.01.A by inserting the following as numbered items in their proper alphabetical positions: SURETY — The person, firm, or corporation which is bound by the contract bonds with and for Contractor (Principal); and which is held and firmly bound unto Owner for the conditions of obligations set forth in said bonds. ARTICLE 2 — PRELIMINARY MATTERS SC-2.01 Delivery of Bonds and Evidence of Insurance SC-2.01 Delete Paragraphs 2.01 B. in their entirety and insert the following in their place: B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements, and identification of applicable self -insured retentions and deductibles) required to be provided by Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.01 Delete Paragraphs 2.01 C. in its entirety. ARTICLE 4 — PRELIMINARY MATTERS SC-4.01 Commencement of Contract Times; Notice to Proceed SC-4.01 Amend the third sentence of Paragraph 4.01 A. to read as follows: A. In no event will the Contract Times commence to run later than the one hundred eightieth day after the day of Bid opening or the ninetieth day after the Effective Date of the Contract, whichever date is earlier. Supplemental Conditions Page 1 of 11 Page 4 of 2350 Agenda Item #29. ARTICLES —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC-5.01 Availability of Lands SC-5.01 Add the following to the end of paragraph 5.01.C: Contractor shall obtain said land rights at his own expense and without liability to the Owner. Contractor shall not enter upon private property without first obtaining written permission from the rightful property owner. SC-5.03 Subsurface and Physical Conditions SC-5.03 Add the following new paragraphs immediately after Paragraph 5.03.13: C. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: 1. Report dated January 13, 2021, prepared by Tierra South Florida, Inc., entitled: "Geotechnical Engineering Study, Water Main Replacement Project WM-01 and WM-04, Village of Tequesta, FL, TSF File No. 7111-20-438", consisting of 14 pages. The Technical Data contained in such report upon whose accuracy Contractor may rely on are those indicated in the definition of Technical Data in the General Conditions. SC-5.06 Hazardous Environmental Conditions SC 5.06 Delete Paragraphs 5.06.A and 5.06.E in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC-5.06 Delete Paragraph 5.06 I. in its entirety. SC 5.06 Amend the first paragraph of 5.06.J of the General Conditions by changing "(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)" to "(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)" ARTICLE 6 — BONDS AND INSURANCE SC-6.01 Performance, Payment, and Other Bonds SC 6.01 Delete Paragraph 6.01.0 in its entirety and insert the following: C. All Bonds shall be in the form prescribed by the Contract Documents or other form approved by Owner. All else notwithstanding, the terms of all Bonds shall be substantially in the form prescribed by Chapter 255, Florida Statutes. All Bonds shall be executed by Contractor and a corporate bonding company licensed to transact such business in the State of Florida and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Supplemental Conditions Page 2 of 11 Page 5 of 2350 Agenda Item #29. Department Circular Number 570. Contractor will cause the Bonds to be recorded with the Clerk of the Circuit Court in the county in which the Work is to be performed. Failure to execute bonds in the form prescribed may constitute non responsiveness on the part of Contractor. The expense for all Bonds shall be Contractor's responsibility. SC-6.02 Insurance —General Provisions SC-6.02 Add the following paragraph immediately after Paragraph 6.02.13: 1. Owner shall be shown as the Certificate Holder and provide for a 30-day cancellation notice. SC-6.02 Delete Paragraph 6.02 E. in its entirety. SC-6.02 Add the following paragraph immediately after Paragraph 6.02.N: O. No work shall be commenced under this contract until the required Certificate(s) have been provided. Work shall not continue after expiration (or cancellation) until new Certificate(s) have been provided. Non -continuance of work after expiration (or cancellation) of Certificate(s) will not constitute a delay beyond Contractor's control as defined in paragraph 4.05. P. Contractor shall arrange for its insurers' policies to include, or be endorsed to include, a severability of interest/cross liability provision, so that Owner will be treated as if a separate policy were in existence, but without increasing the policy limits. Q. Contractor's deductibles/self-insured retentions shall be disclosed to Owner and may be disapproved by the latter. They shall be reduced or eliminated at the option of Owner. Contractor is responsible for the amount of any deductible or self -insured retention. R. Insurance required of Contractor or any other insurance of Contractor shall be considered primary and insurance or self-insurance of Owner shall be considered excess, as may be applicable to claims that arise out of this contract. S. The Contractor shall either (a) require each subcontractor to procure and maintain the same coverage as required of the Contractor, or (b) insure the activities of subcontractors in his own policy. SC-6.04 Builder's Risk and Other Property Insurance SC-6.04.A. Add the following to the end of Paragraph 6.04.A: 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." 2. 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 Supplemental Conditions Page 3 of 11 Page 6 of 2350 Agenda Item #29. 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). 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. 9. not include a co-insurance clause. 10. 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. 14. include for the benefit of Owner loss of profits and soft cost coverage including, without limitation, fixed expenses and debt service for a minimum of 12 months with a maximum deductible of 30 days, plus attorneys fees and engineering or other consultants' fees, if not otherwise covered; Supplemental Conditions Page 4 of 11 Page 7 of 2350 Agenda Item #29. 15. include by express endorsement coverage of damage to Contractor's equipment. SC-6.03 Contractor's Insurance SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.C: D. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the amounts listed in the Agreement or greater where required by Laws and Regulations: SC-6.05 Property Losses; Subrogation SC-6.05A Amend Paragraph 6.05.A.1 of the General Conditions by striking out the following words: "Owner and" ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC-7.03 Labor; Working Hours SC-7.03.C. Amend the first and second sentences of Paragraph 7.03.0 to state "...all Work at the Site shall be performed during regular working hours, 7:30 AM through 5:00 PM. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday recognized by the Owner without prior written approval by the Owner. The Owner recognizes the following legal holidays: New Year's Day (January 1) Martin Luther King Jr. Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday of May) Juneteenth Day (June 19) Independence Day (July 4) Labor Day (15t Monday of September) Veteran's Day (November 11) Thanksgiving Day (4th Thursday of November) Day After Thanksgiving (4th Friday of November) Christmas Eve (December 24) Christmas Day (December 25) New Year's Eve (December 31)" SC-7.03.D. Add the following new paragraph immediately after Paragraph 7.03.C: Contractor shall be responsible for the cost of any overtime pay or other expense incurred by the Owner for Engineer's services (including those of the Resident Project Representative, if any), Owner's representative, and construction observation services, occasioned by the performance of Work outside of regular working hours as defined in the Contract Documents. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set- off against payments due under Article 15. Supplemental Conditions Page 5 of 11 Page 8 of 2350 Agenda Item #29. SC-7.08 Delete Paragraph 7.08 B. in its entirety. SC-7.12 Record Documents SC-7.12.A. Add the following new paragraph immediately after Paragraph 7.12.A: Annotation of record documents shall be legible, precise, and complete as determined by Engineer. Record drawings shall also meet all additional requirements if any as specified in the Contract Documents including providing an electronic CAD version. SC-7.13 Safety and Protection SC-7.13.A. Add the following new paragraph immediately after Paragraph 7.13.A.3: 4. Contractor shall be responsible at all times for precautions to achieve the protection of all persons, including employees and property. Contractor shall make special effort to detect hazardous conditions and shall take prompt action where necessary to avoid accident, injury, or property damage. OSHA and all other applicable safety laws and ordinances shall be followed as well as American National Standards Institute Safety Standards. All accidents, injuries, claims, or potential claims shall be reported promptly to Owner. SC-7.16 Submittals SC-7.16.E. Add the following new paragraph immediately after Paragraph 7.16.E.3: 3. Contractor shall reimburse Owner for the charges of Engineer and Engineer's Consultants for costs generated as a result of more than two submittals of any one Shop Drawing or Sample being required for evaluation due to rejection for noncompliance of the original submittal or for lack of information required by the Contract Documents. Owner's reimbursement for the charges shall be a deduction from Contractor's Partial Payment(s). SC-7.18 Indemnification SC-7.18 Delete in its entirety ARTICLE 9 — OWNER'S RESPONSIBILITIES SC-9.02 Replacement of Engineer SC-9.02 Amend paragraph 9.02 of the General Conditions by striking out the following words: ",provided the Contractor makes no reasonable objection the replacement engineer." SC-9.11 Evidence of Financial Arrangements SC-9.11 Delete in its entirety Supplemental Conditions Page 6 of 11 Page 9 of 2350 Agenda Item #29. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Resident Project Representative SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.6: B. The Resident Project Representative (RPR) will be Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. 1. General: RPR's dealings in matters pertaining to the Work in general shall be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and Schedule of Values prepared by Contractor and consult with Engineer concerning acceptability. 3. 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. 4. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. S. 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. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor -approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. Supplemental Conditions Page 7 of 11 Page 0 of 2350 Agenda Item #29. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's 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 part of Contractor's work in progress is defective, will not produce a completed Project that conforms generally to the Contract Documents, or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in 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 that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Start-ups: a. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. b. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. 10. Records: a. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. b. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. c. Maintain records for use in preparing Project documentation. 11. Reports: a. Furnish to 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. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, force majeure or delay events, damage to property by fire or other causes, or the discovery of any Constituent of Concern or Hazardous Environmental Condition. Supplemental Conditions Page 8 of 11 Page 1 of 2350 Agenda Item #29. 12. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to 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. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Participate in Engineer's visits to the Site to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of a punch list of items to be completed or corrected. b. Participate in Engineer's final visit to the Site to determine completion of the Work, in the company of Owner and Contractor, and prepare a final punch list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the notice of acceptability of the work. C. The RPR shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work. S. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off -site by others except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. Supplemental Conditions Page 9 of 11 Page 2 of 2350 Agenda Item #29. ARTICLE 12 — CLAIMS SC-12.01 Claims SC 12.01.13 Amend the first sentence of paragraph 12.01.E of the General Conditions by changing "(but in no event later than 30 days)" to "(but in no event later than 90 days for the Owner and no later than 30 days for the Contractor)". ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC-13.01 Cost of the Work SC 13.01.B.S.c Add the following to the end of Paragraph 13.01.B.5.c: In no case shall rates exceed those published by the current edition of Data Quest Incorporated titled, Rental Rate Blue Book for Construction Equipment, and other procedures established by Florida Department of Transportation. SC 13.01.B.5.f Amend the first sentence of paragraph 13.01.B.5.f by striking out the following words: "(except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05)." SC 13.01.B.5.i Add the following new paragraphs immediately after paragraph 13.01.B.5.i: j. The cost of compliance with current local, state and federal safety regulations. SC-13.03 Unit Price Work SC 13.03.E Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment by the Owner under the following conditions: 1. if the extended price of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, Owner may make a Claim, seeking an adjustment in the Contract Price. SC 13.03.E Add the following new paragraphs immediately after Paragraph 13.03.E: F. Owner reserves the right to delete any Unit Price Work with the change, if any, in the Contract Price or in the Contract Times determined in accordance with Article 11. Supplemental Conditions Page 10 of 11 Page 3 of 2350 Agenda Item #29. ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-14.02 Tests, Inspections, and Approvals SC 14.02.A Add the following to the end of Paragraph 14.02.A: Contractor shall reimburse Owner for the charges of Engineer and Engineer's Consultants for all costs due to work not being ready for tests and/or inspections when the Contractor has notified Engineer that work is ready for tests and/or inspections. Contractor shall reimburse Owner for all failed tests and subsequent retests. Partial payments payable to Contractor shall be distributed, first to reimburse the Owner for such charges, with the balance distributed to the Contractor in accordance with the Contract Documents. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD SC-15.01 Progress Payments SC 15.01.13.3 Delete Paragraph 15.01.13.3 in its entirety and insert the following in its place: Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor certifying that Contractor has disbursed to all subcontractors and suppliers having an interest in the contract their pro rata shares of the payment out of previous progress payments received by Contractor for all work completed and materials furnished in the previous period, less a retainage withheld by Contractor pursuant to an agreement with a subcontractor. Contractor shall provide a waiver of lien for all stored materials with the second application for payment after submitting application for payment. If the waiver of lien is not provided, current application for payment will be reduced by the value of the stored materials until said time waiver of lien is received or stored materials become incorporated in the Work. Within 30 days of receipt for the final progress payment or any other payments received thereafter except the final payment, Contractor shall pay all subcontractors and suppliers having an interest in the contract their pro rata shares of the payment for all work completed and materials furnished. SC-15.03 Substantial Completion SC 15.03.13 Add the following new subparagraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re -inspection or re -testing by Engineer, the cost of such re -inspection or re -testing, including the cost of time, travel and living expenses, shall be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under Article 15. Supplemental Conditions Page 11 of 11 Page 4 of 2350 Agenda Item #29. SUPPLEMENTARY CONDITIONS (CONSTRUCTION) Florida Department of Environmental Protection State Revolving Fund Program Supplementary Conditions for Formally Advertised Construction Procurement Revised August 2022 Page 1995 of 2350 Agenda Item #29. TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Article Number Article Title Page 1 DEFINITIONS FDEP-1 2 PRIVITY OF AGREEMENT/CONTRACT FDEP-2 3 PROCUREMENT REQUIREMENTS FDEP-2 4 RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES FDEP-2 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS FDEP-3 6 BONDS AND INSURANCE FDEP-3 7 AWARD OF AGREEMENT/CONTRACT FDEP-4 8 ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES FDEP-4 9 FDEP/USEPA ACCESS TO RECORDS AND PROJECT SITE FDEP-4 10 DISADVANTAGED BUSINESS ENTERPRISES FDEP-4 11 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) FDEP-5 12 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) FDEP-6 13 IMMIGRATION REFORM AND CONTROL ACT OF 1986 FDEP-12 STATE OF FLORIDA EXECUTIVE ORDER 11-116) 14 ENVIRONMENTAL COMPLIANCE FDEP-12 15 FEDERAL LABOR STANDARDS PROVISION FDEP-12 16 AMERICAN IRON AND STEEL PROVISION FDEP-12 17 PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES FDEP-12 18 BUILD AMERICA, BUY AMERICA PROVISION FDEP-13 Appendix Title Page A CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS FDEP-14 B GOALS AND TIMETABLES FOR MINORITIES AND FEMALES FDEP-15 C FEDERAL LABOR STANDARDS PROVISION FDEP-16 D AMERICAN IRON AND STEEL PROVISION FDEP-24 E BUILD AMERICA, BUY AMERICA PROVISION FDEP-25 Revised August 2022 Page 1996 of 2350 Agenda Item #29. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS The intent of the Florida Department of Environmental Protection (FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However, if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents, the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to, but more stringent than, the FDEP Supplementary Conditions, the more stringent provisions shall apply. ARTICLE 1 - DEFINITIONS Wherever used in these Supplementary Conditions (except in the appendices to these Supplementary Conditions), the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. 1.1 Addendum -A written or graphic instrument that is issued prior to the opening of bids and that clarifies, corrects, or changes the Bidding Documents. 1.2 Agreement or Contract - The written agreement between the Owner and the Contractor covering the Work to be performed and furnished; these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and made a part thereof as provided therein. 1.3 Bid - The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for the Work to be performed and furnished. 1.4 Bidder - Any person, firm, or corporation that submits a bid directly to the Owner. 1.5 Bidding Documents - The Advertisement for Bids or the Invitation to Bid, the Instructions to Bidders or the Information for Bidders, the Bid Form, the proposed Contract Documents, and all addenda. 1.6 Bond - An instrument of security. 1.7 Change Order - A document that is recommended by the Engineer and signed by the Contractor and the Owner; that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time; and that is issued on or after the Effective Date of the Agreement/Contract. 1.8 Contract Documents - The Agreement/Contract; the Contractor's Bid when attached as an exhibit to the Agreement/Contract; the Performance and Payment Bond(s); the General Conditions; the Supplementary Conditions (including these Supplementary Conditions); the Specifications (written technical descriptions of material, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto); the Drawings (drawings that show the character and scope of the Work to be performed and furnished); all addenda that pertain to the Contract Documents; and all change orders. 1.9 Contract Time - The number of days or the date stated in the Contract Documents for completion of the Work. 1.10 Contractor - The person, firm, or corporation with whom or which the Owner enters into the Agreement/Contract. 1.11 Effective Date of the Agreement/Contract - The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective, or if no such date is indicated in the Agreement/Contract, the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.12 Engineer - The person, firm, or corporation named as such in the Contract Documents. 1.13 Minority Business Enterprise (MBE) - A historically Black college or university or a business that is (a) certified as socially and economically disadvantaged by the Small Business Administration, (b) certified as an MBE by a state or federal agency, or (c) an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [i] Black American; [ii] Hispanic American [with origins from Puerto Rico, Mexico, Cuba, or South or Central America]; [iii] Native American [American Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian -Pacific American FDEP-1 Revised August 2022 Page 1997 of 2350 Agenda Item #29. [with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or the Indian Subcontinent].) 1.14 Notice to Proceed -The written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform its obligations under the Contract Documents. 1.15 Owner - The local government (municipality, county, district, or authority; or any agency thereof, or a combination of two or more of the foregoing acting jointly) with which the Florida Department of Environmental Protection (FDEP) may execute, or has executed, a State Revolving Fund loan agreement and for which the Work is to be provided. 1.16 Project - The total construction or facilities described in a State Revolving Fund loan agreement between the FDEP and the Owner, of which the Work to be provided under the Contract Documents may be the whole or a part. 1.17 Sponsor — The recipient of the State Revolving Fund loan agreement that provides funds for the project. 1.18 Subcontract - A direct contract between a subcontractor and the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.19 Subcontractor - A person, firm, or corporation having a direct contract with the Contractor, or any other subcontractor at any tier, for the furnishing of goods (material and equipment) or the performance of services (including construction) necessary to complete the Work. 1.20 Successful Bidder - The lowest responsive, responsible bidder to whom or which the Owner intends to award the Agreement/Contract. 1.21 Women's Business Enterprise (WBE) - A business that is (a) certified as a WBE by a state or federal agency or (b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g., an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly, a business that is 51-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) 1.22 Work - The entire completed construction or the various separately identifiable parts thereof required to be performed and furnished under the Contract Documents; Work is the result of performing services, furnishing labor, furnishing material and equipment, and incorporating material and equipment into the construction as required by the Contract Documents. ARTICLE 2 - PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the FDEP, which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency (USEPA). Neither the State of Florida nor the United States (nor any of their departments, agencies, or employees) will be a party to this Agreement/Contract or any lower -tier subcontract. ARTICLE 3 - PROCUREMENT REQUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-503 (Revolving Loan Program) and/or Chapter 62-552, Florida Administrative Code as applicable. ARTICLE 4 - RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES Resolution of Protests Concerning the Owner's Solicitation and/or Award of this Agreement/Contract: FDEP-2 Revised August 2022 Page 1998 of 2350 Agenda Item #29. 4.1. Protests concerning the Owner's solicitation and/or award of this Agreement/Contract must be filed in writing with the Owner to be considered. 4.2. All timely written protests concerning the Owner's solicitation and/or award of this Agreement/Contract are to be resolved in accordance with the Owner's dispute resolution process. A copy of the ordinance(s), resolution(s), or written policy (policies) that set forth the Owner's dispute resolution process is included elsewhere in the Bidding Documents or is to be made available by the Owner upon request. 4.3. Neither the (FDEP) nor the USEPA will become a party to, or have any role in resolving, protests concerning the Owner's solicitation and/or award of this Agreement/Contract. Protest decisions made by the Owner cannot be appealed to the FDEP or the USEPA. Resolution of Claims and Disputes Between the Owner and the Contractor: 4.4. Unless otherwise provided in the Contract Documents, all claims and disputes between the Owner and the Contractor arising out of, or relating to, the Contract Documents or the breach thereof are to be decided by arbitration (if the Owner and the Contractor mutually agree) or in a court of competent jurisdiction within the State of Florida. 4.5. Neither the FDEP nor the USEPA will become a party to, or have any role in resolving, claims and disputes between the Owner and the Contractor. ARTICLE 5 - CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS 5.1. All changes to the Bidding Documents made subsequent to the FDEP's acceptance of the Bidding Documents and prior to the opening of bids are to be documented via addendum (addenda) to the Bidding Documents; all changes to the Contract Documents made after the opening of bids are to be documented by change order(s) to the Contract Documents. The Owner shall submit all addenda and change orders to the FDEP. ARTICLE 6 - BONDS AND INSURANCE Bid Guarantees: 6.1. Each bidder's bid is to be accompanied by a bid guarantee made payable to the Owner in an amount at least equal to five percent of the bidder's maximum bid price and in the form of a certified check or bid bond. Performance and Payment Bond(s): 6.2. The Contractor shall furnish a combined performance and payment bond in an amount at least equal to 100 percent of the Contract Price (or, if required elsewhere in the Contract Documents, the Contractor shall furnish separate performance and payment bonds, each in an amount at least equal to 100 percent of the Contract Price) as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This(these) bond(s) are to be delivered to the Owner by the Contractor along with the executed Agreement/Contract. The Owner shall forward a copy of this (these) bond(s) to the FDEP. Insurance: 6.3. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, such liability insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims that may arise out of, or result from, the Contractor's performance and furnishing of the Work (whether the Work is to be performed or furnished by the Contractor or any subcontractor at the Work site) and the Contractor's other obligations under the Contract Documents. This insurance is to include workers' compensation insurance, comprehensive general liability insurance, comprehensive automobile liability insurance, and contractual liability insurance applicable to the Contractor's indemnification obligations and is to be written for not less than the limits of liability and coverages determined by the Owner or required by law, whichever is greater. FDEP-3 Revised August 2022 Page 1999 of 2350 Agenda Item #29. 6.4. The Owner and/or the Contractor (as required elsewhere in the Contract Documents) shall purchase and maintain, during the period of construction, property insurance upon the Work at the Work site in an amount equal to the full replacement cost of the Work or the full insurable value of the Work. This insurance is to include the interests of the Owner, the Contractor, and all subcontractors at the Work site (all of whom are to be listed as insured or additional insured parties); is to insure against the perils of fire and extended coverage; and is to include "all-risk" insurance for physical loss or damage due to theft, vandalism and malicious mischief, collapse, water damage, and/or all other risks against which coverage is obtainable. 6.5. Before any Work at the Work site is started, the Contractor shall deliver to the Owner certificates of insurance that the Contractor is required to purchase and maintain in accordance with Paragraphs 6.3 and 6.4 of this Article and other provisions of the Contract Documents, and the Owner shall deliver to the Contractor certificates of insurance that the Owner is required to purchase and maintain in accordance with Paragraphs 6.3 and 6.4 of this Article and other provisions of the Contract Documents. ARTICLE 7 - AWARD OF AGREEMENT/CONTRACT 7.1. If this Agreement/Contract is awarded, it is to be awarded to the lowest responsive, responsible bidder. A fixed price (lump sum or unit price or both) agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. After the contract has been awarded, the Owner shall give the Contractor a notice to proceed fixing the date on which the Contract Time will commence to run. The Owner shall forward a copy of this notice to proceed to the FDEP. ARTICLE 8 - ITEMIZED CONSTRUCTION COST BREAKDOWN; CONSTRUCTION AND PAYMENT SCHEDULES 8.1. The Contractor shall submit to the Owner, within ten calendar days after the Effective Date of this Agreement/Contract, an itemized construction cost breakdown and construction and payment schedules. 8.1.1. The itemized construction cost breakdown, or schedule of values, is to include quantities and prices of items aggregating the Contract Price and is to subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices are to include an appropriate amount of overhead and profit applicable to each item of Work. 8.1.2. The construction, or progress, schedule is to indicate the Contractor's estimated starting and completion dates for the various stages of the Work and is to show both the projected cost of Work completed and the projected percentage of Work completed versus Contract Time. 8.1.3. The payment schedule is to show the Contractor's projected payments cumulatively by month. ARTICLE 9 — FDEP/USEPA ACCESS TO RECORDS AND PROJECT SITE 9.1. Authorized representatives of the Owner, the FDEP, and the USEPA shall have access to, for the purpose of inspection, the Work site(s), any books, documents, papers, and records of the Contractor that are pertinent to this Agreement/Contract at any reasonable time. The Contractor shall retain all books, documents, papers, and records pertinent to this Agreement/Contract for a period of five years after receiving and accepting final payment under this Agreement/Contract. NOTE: ARTICLE 10 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 10 - DISADVANTAGED BUSINESS ENTERPRISES The goal percent and timetable for Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) participation in the Work are found in Appendix B. If bidders or prospective contractors (including the Contractor) intend to let any lower -tier goods or services (including construction) subcontracts for any portion of the Work, they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take good faith FDEP-4 Revised August 2022 Page 2000 of 2350 Agenda Item #29. efforts to assure that MBEs and WBEs are utilized, when possible, as sources of goods and services. Good faith efforts are to include the following: 10.1.1. Require Disadvantaged Business Enterprises (DBEs) are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 10.1.2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 10.1.3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 10.1.4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 10.1.5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 10.1.6. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs 10.1.1 through 10.1.5 of this section. 10.2. Within ten calendar days after being notified of being the apparent Successful Bidder, the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises (MBEs and WBEs) in the Work and documentation of its intended use of MBEs and WBEs in the Work. The Owner shall keep this documentation on file and shall forward to the FDEP a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the Work. ARTICLE 11 - DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 11.1. The bidder certifies, by submission of this proposal, that neither the bidder nor its principals, nor the bidder's subcontractors nor their principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 11.2. Where the bidder is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 11.3. The bidder also certifies that it and its principals and the bidder's subcontractors and their principals: 11.3.1. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 11.3.2. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph 11.3.1 of this certification; and 11.3.3. Have not within a three-year period preceding this proposal had one or more public transactions (federal, state or local) terminated for cause or default. Where the bidder is unable to certify to any of the above, such owner shall attach an explanation to this proposal. FDEP-5 Revised August 2022 Page 2001 of 2350 Agenda Item #29. 11.3.4. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 11.3.5. The bidder shall incorporate the foregoing requirements 11.1 through 11.3 in all subcontracts. ARTICLE 12 - EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 12.1. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000) 12.1.1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 12.1.2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in Florida, are as follows: Goal for female participation: 6.9 percent statewide Goal for minority participation: (See Appendix B at FDEP-15 for goals for each county) These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 12.1.3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 12.1.4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the State of Florida. 12.1.5. Contractors shall incorporate the foregoing requirements in all subcontracts. 12.2. Equal Opportunity Clause (Applicable to contracts/subcontracts exceeding $10,000) During the performance of this contract, the contractor agrees as follows: 12.2.1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. FDEP-6 Revised August 2022 Page 2002 of 2350 Agenda Item #29. 12.2.2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The notice can be obtained online at The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. 12.2.3. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 12.2.4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 12.2.5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 12.2.6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 12.2.7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 12.2.8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs 12.2.1 through 12.2.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 12.3. The Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 12.3.1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; C. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and FDEP-7 Revised August 2022 Page 2003 of 2350 Agenda Item #29. (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 12.3.2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 12.3.3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 12.3.4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 12.3.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 12.3.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 12.3.7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. FDEP-8 Revised August 2022 Page 2004 of 2350 Agenda Item #29. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 12.3.7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j . Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. FDEP-9 Revised August 2022 Page 2005 of 2350 Agenda Item #29. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 12.3.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (12.3.7a through 12.3.7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 12.3.9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 12.3.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 12.3.11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12.3.12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 12.3.13. The Contractor, in fulfilling its obligation under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 12.3.14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. FDEP-10 Revised August 2022 Page 2006 of 2350 Agenda Item #29. 12.3.15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 12.4. Pursuant to 41 CFR 60-1.7, if the price of this bid exceeds $10,000, the bidder, by signing and submitting this proposal, certifies the following: 12.4.1. Affirmative action programs pursuant to 41 CFR 60-2 have been developed and are on file; 12.4.2. Documentation of a previous contract or subcontract subject to the equal opportunity clause is available; 12.4.3. All reports due under the applicable filing requirements have been filed with the Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission; and 12.4.4. Each prospective construction subcontractor that may be awarded a lower -tier construction subcontract with a price exceeding $10,000 shall meet the above requirements 12.4.1 through 12.4.3. 12.5. Pursuant to 41 CFR 60-1.8, if the price of this bid exceeds $10,000, the bidder, by signing and submitting this proposal, certifies the following: 12.5.1. That he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments; 12.5.2. That he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained; 12.5.3. That he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments; 12.5.4. That he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained; 12.5.5. That a breach of this certification is violation of the Equal Opportunity Clause of this contract; and 12.5.6. That he/she will obtain identical certifications from proposed Subcontractors prior to the award of Subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his/her files. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. 12.6. If the price of this Agreement/Contract exceeds $10,000, the Owner shall give written notice to the Director of the Office of Federal Contract Compliance Programs within ten working days of award of this Agreement/Contract. The notice is to include the name, address, and telephone number of the Contractor; the employer identification number of the Contractor; the dollar amount of this Agreement/Contract; the estimated starting and completion dates of this Agreement/Contract; the number of this Agreement/Contract; and the geographical area in which the Work is to be performed. 12.7. If the price of this Agreement/Contract equals or exceeds $50,000 and if the Contractor has 50 or more employees, the Contractor shall electronically file Standard Form 100 (EEO-1) online at https://egov.eeoc. gov/eeo 1 /eeo 1 .j sp within 30 calendar days after the award of this Agreement/Contract , unless the Contractor has submitted such a report within 12 months preceding the date of award of this Agreement/Contract. In addition, the Contractor shall ensure that each construction subcontractor having 50 or more employees and a lower -tier construction subcontract with a price equaling or exceeding $50,000 also electronically files this form within 30 calendar days after the award to it of the lower -tier construction subcontract, unless the construction subcontractor has submitted such a report within 12 months preceding the date of award of the lower -tier construction subcontract. FDEP-11 Revised August 2022 Page 2007 of 2350 Agenda Item #29. ARTICLE 13 - IMMIGRATION REFORM AND CONTROL ACT OF 1986 (STATE OF FLORIDA EXECUTIVE ORDER 11-116) The Immigration Reform and Control Act of 1986 prohibits employers from knowingly hiring illegal workers. The Contractor shall only employ individuals who may legally work in the United States — either U.S. citizens or foreign citizens who are authorized to work in the U.S. The Contractor shall use the U.S. Department of Homeland Security's E- Verify Employment Eligibility Verification system gov/ ) to verify the employment eligibility of: • all new employees, during the term of this Agreement, to perform employment duties within Florida; and, • all new employees (including subcontractors and subrecipients) assigned by the Contractor to perform work pursuant to this Agreement. The Contractor shall include this provision in all subcontracts/subgrants it enters into for the performance of work under this Agreement. ARTICLE 14 — ENVIRONMENTAL COMPLIANCE The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans). ARTICLE 15 — FEDERAL LABOR STANDARDS PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with the Federal Labor Standards Provisions as provided in Appendix C. Signing Appendix A certifies compliance with these provisions. ARTICLE 16 — AMERICAN IRON AND STEEL PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with The American Iron and Steel Provision as provided in Appendix D. Signing Appendix A certifies compliance with these provisions. ARTICLE 17 - PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1. The contractor's maintaining an office or place of business within a particular local jurisdiction; 2. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or 3. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. FDEP-12 Revised August 2022 Page 2008 of 2350 Agenda Item #29. NOTE: ARTICLE 18 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 18 — BUILD AMERICA, BUY AMERICA PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with The Build America, Buy America provision as provided in Appendix E. Signing Appendix A certifies compliance with the Build America, Buy America provision if the project is a Federal Cap Grant project. FDEP-13 Revised August 2022 Page 2009 of 2350 Agenda Item #29. APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS This certification relates to a construction contract proposed by , (insert the name of the Owner) which expects to finance the proposed construction contract with assistance from the Florida Department of Environmental Protection (which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective construction contractor or subcontractor. I certify that I have read the Florida Department of Environmental Protection's Supplementary Conditions and agree to incorporate the following articles into the bid and/or contract: ARTICLE 11 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) ARTICLE 12 EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) ARTICLE 13 IMMIGRATION REFORM AND CONTROL ACT (FLORIDA EXECUTIVE ORDER 11-116) ARTICLE 14 ENVIRONMENTAL COMPLIANCE ARTICLE 15 FEDERAL LABOR STANDARDS PROVISION ARTICLE 16 AMERICAN IRON AND STEEL PROVISION ARTICLE 18 BUILD AMERICA, BUY AMERICA PROVISION — IF A FEDERAL CAP GRANT PROJECT I agree that I will obtain identical certifications from prospective lower -tier construction subcontractors prior to the award of any lower -tier construction subcontracts with a price exceeding $2,000. I also agree that I will retain such certifications in my files. (Signature of Authorized Official) (Date) (Name and Title of Authorized Official [Print or Type]) (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) (Address and Telephone Number of Prospective Construction Contractor or Subcontractor [Print or Type]) (Employer Identification Number of Prospective Construction Contractor or Subcontractor) FDEP-14 Revised August 2022 Page 2010 of 2350 Agenda Item #29. APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS GOALS AND TIMETABLES FOR MINORITIES AND FEMALES [Note: These goals and timetables are the goals and timetables referred to in Paragraph 2 of the "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)"; these goals and timetables are to be included in all FDEP assisted construction contracts and subcontracts with a price exceeding $10,000 and in all solicitations for such contracts and subcontracts.] The following goals and timetables for female utilization shall be included in all federal and federally assisted construction contracts and subcontracts in excess of $10,000. The goals are applicable to the contractor's aggregate on -site construction workforce whether or not part of that workforce is performing work on a federal or federally assisted construction contract or subcontract. Area covered: Goals for Women apply nationwide. Goals and Timetables Timetable Goals (percent) Indefinite 6.9 Goals for minority utilization can be found in the Department of Labor's Construction Contractors Technical Assistance Guide (October 2019), available on the internet at https://www.dol.gov/sites/dolgov/files/OFCCP/Construction/508 cctag 12032020.pdf. These goals shall be included for each craft and trade in all federal or federally assisted construction contracts and subcontracts in excess of $10,000 to be performed in the respective geographical areas. The goals are applicable to each nonexempt contractor's total onsite construction workforce, regardless of whether or not part of that workforce is performing work on a federal, federally assisted or non -federally related project, contract or subcontract. Construction contractors which are participating in an approved Hometown Plan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Plan with regard to construction work they perform in the area covered by the Hometown Plan. With regard to all their other covered construction work, such contractors are required to comply with the applicable SMSA or EA goal contained in this Appendix. FDEP-15 Revised August 2022 Page 2011 of 2350 Agenda Item #29. APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Davis -Bacon Requirements FEDERAL LABOR STANDARDS PROVISIONS (Davis -Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such federal assistance. Minimum Wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act, 29 CFR Part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5 (a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) The sponsor, on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The FDEP shall approve a request for an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the sponsor(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the sponsor to the FDEP. The FDEP will transmit the request to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional FDEP-16 Revised August 2022 Page 2012 of 2350 Agenda Item #29. classification action within 30 days of receipt and so advise the FDEP or will notify FEDP within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and the sponsor do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), the FDEP shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of FDEP, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account, assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. The sponsor shall, upon written request of the EPA or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and Basic Records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). FDEP-17 Revised August 2022 Page 2013 of 2350 Agenda Item #29. (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed, a copy of all payrolls to the sponsor. Such documentation shall be available upon request by FDEP. As to each payroll copy received, the sponsor shall provide a certification that the project is in compliance with the requirements of 29 CFR 5.5(a)(1) with each disbursement request. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site htlp://www.dgl.gov/whd/form,,,;;/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current addresses of each covered worker, and shall provide them upon request to the sponsor for transmission to the FDEP or EPA if requested by EPA, the FDEP, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsor. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR Part 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR Part 5.5 (a)(3)(I), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A. 3(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3 (I) of this section available for inspection, copying, or transcription by authorized representatives of the FDEP or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FDEP may, after written notice to the contractor, or sponsor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, the Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio FDEP-18 Revised August 2022 Page 2014 of 2350 Agenda Item #29. of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, the Employment and Training Administration. The ratio of trainees to journeymen on the j ob site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as EPA determines may be appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. FDEP-19 Revised August 2022 Page 2015 of 2350 Agenda Item #29. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the sponsor, FDEP, EPA, the U. S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract by virtue of Section 3 (a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded EPA contracts or participate in EPA programs pursuant to Executive Order 12549. (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., Federal Housing Administration transactions, provides in part "Whoever, for the purpose of... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both". 11. Complaints, Proceedings, or Testimony by Employees. A. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. The sponsor shall insert the following clauses set forth in paragraphs B.(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by item 3 above or 29 CFR 4.6. As used in the paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. The sponsor, upon written request of the FDEP or an authorized representative of the Department of Labor, may withhold or cause to be withheld, from any moneys payable on FDEP-20 Revised August 2022 Page 2016 of 2350 Agenda Item #29. account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contract, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12. Guidance to Contractor for Compliance with Labor Standards Provisions a) Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if desired. b) Complying with Minimum Hourly Amounts 1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the Rates and Fringe Benefits (if any) columns of the applicable wage decision. 2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the Rates and Fringe Benefits columns. 3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to most workers and (b) involves payments to a third party. 4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis -Bacon and Related Acts has been satisfied.) c) Overtime FDEP-21 Revised August 2022 Page 2017 of 2350 Agenda Item #29. For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis -Bacon and Related Acts only establishes minimum rates and does not address overtime. The Contract Work Hours Act contains the overtime requirement and uses basic rate of pay as the base for calculation, not the minimum rates established by the Davis -Bacon and Related Acts.) d) Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court -ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. e) Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the state agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. f) Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis -Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis -Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s) based on the work performed. g) Sole Proprietorships / Independent Contractors / Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as owner is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked, and number of overtime hours worked. FDEP-22 Revised August 2022 Page 2018 of 2350 Agenda Item #29. h) Apprentices / Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of journeyman rate. For Davis -Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the trade depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a helper. As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. FDEP-23 Revised August 2022 Page 2019 of 2350 Agenda Item #29. APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS American Iron and Steel Requirement The Contractor acknowledges to and for the benefit of the ("Owner") and the State of Florida (the "State") that it understands that iron and steel products to be installed as a part of this contract must be in compliance with the requirements in H.R. 3547, "Consolidated Appropriations Act, 2014," (Appropriations Act). H.R. 3547 includes the following language in Division G, Title IV, Sec. 436, under the heading, "Use of American Iron and Steel,": (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. FDEP-24 Revised August 2022 Page 2020 of 2350 Agenda Item #29. APPENDIX E TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Build America, Buy America Requirement The Contractor acknowledges to and for the benefit of the ("Owner") and the State of Florida (the "State") that it understands that the products to be installed as a part of this contract must be in compliance with the Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, § § 70901-52. The Act requires the following Buy America preference: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The Contractor hereby presents and warrants to and for the benefit of the Owner and State that (a) the Contractor has reviewed and understands the Build America, Buy America Requirement, (b) all of the products used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this Acknowledgement, or information necessary to support a waiver of the Build America, Buy America Requirement, as may be requested by the Owner or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. FDEP-25 Revised August 2022 Page 2021 of 2350 Agenda Item #29. SUPPLEMENTARY CONDITIONS (EQUIPMENT/MATERIALS) Florida Department of Environmental Protection State Revolving Fund Program Supplementary Conditions for Formally Advertised Equipment/Materials Procurement Revised August 2022 Page 2022 of 2350 Agenda Item #29. TABLE OF CONTENTS FOR THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS (EQUIPMENT/MATERIALS) Article Number Article Title Page 1 DEFINITIONS FDEP-1 2 PRIVITY OF AGREEMENT/CONTRACT FDEP-3 3 PROCUREMENT REQUIREMENTS FDEP-3 4 RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES FDEP-4 5 CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS FDEP-4 6 ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS; OPENING OF BIDS FDEP-5 7 AWARD OF AGREEMENT/CONTRACT FDEP-5 8 CONTRACT TIME FDEP-5 9 PROGRESS AND PAYMENT SCHEDULES FDEP-5 10 INSURANCE FDEP-6 11 APPLICATION(S) FOR PAYMENT FDEP-6 12 ACCESS TO RECORDS FDEP-6 13 MINORITY AND WOMEN'S BUSINESS ENTERPRISES FDEP-6 14 VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR FDEP-7 ACT, SECTION 508 OF THE CLEAN WATER ACT, AND EXECUTIVE ORDER 11738) 15 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) FDEP-8 16 AMERICAN IRON AND STEEL PROVISION FDEP-9 17 PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES FDEP-9 18 BUILD AMERICA, BUY AMERICA PROVISION FDEP-9 Appendix Appendix Title Page Letter A CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS FDEP-10 B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS FDEP-11 C AMERICAN IRON AND STEEL PROVISION FDEP-12 D BUILD AMERICA, BUY AMERICA PROVISION FDEP-13 Revised August 2022 Page 2023 of 2350 Agenda Item #29. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS The intent of the Florida Department of Environmental Protection (FDEP) Supplementary Conditions is to complement and supplement other provisions of the Bidding Documents. However, if there is any conflict between the FDEP Supplementary Conditions and other provisions of the Bidding Documents, the FDEP Supplementary Conditions shall take precedence over the other provisions except when the other provisions are similar to, but more stringent than, the FDEP Supplementary Conditions. When other provisions of the Bidding Documents are similar to, but more stringent than, the FDEP Supplementary Conditions, the more stringent provisions shall apply. ARTICLE 1 - DEFINITIONS 1.1. Wherever used in these Supplementary Conditions (except in the appendix to these Supplementary Conditions), the following terms have the meanings indicated, which are applicable to both the singular and plural thereof. 1.1.1. Addendum - A written or graphic instrument that is issued prior to the opening of bids and that clarifies, corrects, or changes the Bidding Documents. 1.1.2. Agreement or Contract - The written agreement between the Owner and the Contractor covering the furnishing of the Goods and Special Services; these Supplementary Conditions and other Contract Documents are attached to the Agreement/Contract and made a part thereof as provided therein. 1.1.3. Application for Payment - The form that is accepted by the Engineer and used by the Contractor in requesting progress and/or final payments and that is to include such supporting documentation as is required by the Contract Documents. 1.1.4. Bid -The offer or proposal of a bidder submitted on the prescribed form and setting forth the price(s) for furnishing the Goods and Special Services. 1.1.5. Bidder - Any person, firm, or corporation that submits a bid directly to the Owner. 1.1.6. Bidding Documents - The Advertisement for Bids or the Invitation to Bid, the Instructions to Bidders or the Information for Bidders, the Bid Form, the proposed Contract Documents, and all addenda. 1.1.7. Change Order - A document that is recommended by the Engineer and signed by the Contractor and the Owner; that authorizes an addition, deletion, or revision in the Goods or Special Services or an adjustment in the Contract Price or the Contract Time; and that is issued on or after the Effective Date of the Agreement/Contract. FDEP - 1 Revised August 2022 Page 2024 of 2350 Agenda Item #29. 1.1.8. Contract Documents - The Agreement/Contract; the Contractor's Bid when attached as an exhibit to the Agreement/Contract; the General Conditions; the Supplementary Conditions (including these Supplementary Conditions); the Specifications (written technical descriptions of material, equipment, standards, and workmanship as applied to the Goods and Special Services and certain administrative details applicable thereto); any Drawings (drawings that show the character and scope of the Goods to be furnished); all addenda that pertain to the Contract Documents; and all change orders. 1.1.9. Contract Price - The moneys payable by the Owner to the Contractor under the Contract Documents as stated in the Agreement/Contract. 1.1.10. Contract Time -The number of days or the date(s) stated in the Contract Documents for furnishing the Goods and Special Services. 1.1.11. Contractor - The person, firm, or corporation with whom or which the Owner enters into the Agreement/Contract. 1.1.12. Effective Date of the Agreement/Contract - The date indicated in the Agreement/Contract on which the Agreement/Contract becomes effective, or if no such date is indicated in the Agreement/Contract, the date on which the Agreement/Contract is signed and delivered by the last of the two parties to sign and deliver the Agreement/Contract. 1.1.13. Engineer - The person, firm, or corporation named as such in the Contract Documents. 1.1.14. Goods - All material, equipment, and other tangible personal property required to be furnished under the Contract Documents. 1.1.15. Minority Business Enterprise (MBE) - A historically Black college or university or a business that is (a) certified as socially and economically disadvantaged by the Small Business Administration, (b) certified as an MBE by a state or Federal agency, or (c) an independent business concern which is at least 51-percent owned and controlled by minority group members. (A minority group member is an individual who is a citizen of the United States and one of the following: [1] Black American; [11] Hispanic American [with origins from Puerto Rico, Mexico, Cuba, or South or Central America]; [111] Native American [American Indian, Eskimo, Aleut, or native Hawaiian]; or [iv] Asian -Pacific American [with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan, or the Indian Subcontinent].) 1.1.16. Owner - The local government (municipality, county, district, or authority; or any agency thereof; or a combination of two or more of the foregoing acting jointly) with which the Florida Department of Environmental Protection may execute, or has executed, a State revolving fund loan agreement and to which the Goods and Special Services are to be furnished. FDEP - 2 Revised August 2022 Page 2025 of 2350 Agenda Item #29. 1.1.17. Project -The total construction or facilities described in a State revolving fund loan agreement between the Florida Department of Environmental Protection and the Owner, of which the Goods and Special Services to be furnished under the Contract Documents may be the whole or a part. 1.1.18. Special Services - All field services to be furnished by the Contractor as required by the Contract Documents. 1.1.19. Subcontract - A direct contract between a subcontractor and the Contractor, or any other subcontractor at any tier, for the furnishing of any of the Goods or Special Services required by the Contract Documents. 1.1.20. Subcontractor - A person, firm, or corporation having a direct contract with the Contractor, or any other subcontractor at any tier, for the furnishing of any of the Goods or Special Services required by the Contract Documents. 1.1.21. Successful Bidder -The lowest responsive, responsible bidder to whom or which the Owner intends to award the Agreement/Contract. 1.1.22. Women's Business Enterprise (WBE) - A business that is (a) certified as a WBE by a state or Federal agency or (b) an independent business concern which is at least 51-percent owned and controlled/operated by women. (Determination of whether a business is at least 51-percent owned by women shall be made without regard to community property laws [e.g., an otherwise qualified WBE that is 51-percent owned by a married woman in a community property state will not be disqualified because the married woman's husband has a 50-percent interest in the married woman's share of the business; similarly, a business that is 51-percent owned by a married man and 49-percent owned by women will not become a qualified WBE by virtue of the married man's wife having a 50-percent interest in the married man's share of the business].) ARTICLE 2 - PRIVITY OF AGREEMENT/CONTRACT 2.1. The Owner expects to finance this Agreement/Contract with assistance from the Florida Department of Environmental Protection, which administers a State revolving fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency. Neither the State of Florida nor the United States (nor any of their departments, agencies, or employees) will be a party to this Agreement/Contract or any lower -tier subcontract. ARTICLE 3 - PROCUREMENT REQUIREMENTS 3.1. This Agreement/Contract and the Owner's solicitation and award of this Agreement/Contract are subject to requirements contained in Chapter 62-503 (Clean Water State Revolving Fund Loan Program) or Chapter 62-552 (Drinking Water State Revolving Fund Loan Program), Florida Administrative Code as applicable. FDEP - 3 Revised August 2022 Page 2026 of 2350 Agenda Item #29. ARTICLE 4 - RESOLUTION OF PROTESTS AND CLAIMS/DISPUTES Resolution of Protests Concerning the Owner's Solicitation and/or Award of this Agreement/Contract: 4.1. Protests concerning the Owner's solicitation and/or award of this Agreement/Contract must be filed in writing with the Owner to be considered. 4.2. All timely written protests concerning the Owner's solicitation and/or award of this Agreement/Contract are to be resolved in accordance with the Owner's dispute resolution process. A copy of the ordinance(s), resolution(s), or written policy (policies) that set forth the Owner's dispute resolution process is included elsewhere in the Bidding Documents or is to be made available by the Owner upon request. 4.3. Neither the Florida Department of Environmental Protection (FDEP) nor the United States Environmental Protection Agency (USEPA) will become a parry to, or have any role in resolving, protests concerning the Owner's solicitation and/or award of this Agreement/Contract. Protest decisions made by the Owner can not be appealed to the FDEP or the USEPA. Resolution of Claims and Disputes between the Owner and the Contractor: 4.4. Unless otherwise provided in the Contract Documents, all claims and disputes between the Owner and the Contractor arising out of, or relating to, the Contract Documents or the breach thereof are to be decided by arbitration (if the Owner and the Contractor mutually agree) or in a court of competent jurisdiction within the State of Florida. 4.5. Neither the Florida Department of Environmental Protection nor the United States Environmental Protection Agency will become a party to, or have any role in resolving, claims and disputes between the Owner and the Contractor. ARTICLE 5 - CHANGES TO THE BIDDING AND CONTRACT DOCUMENTS 5.1. All changes to the Bidding Documents made subsequent to the Florida Department of Environmental Protection's (FDEP's) acceptance of the Bidding Documents and prior to the opening of bids are to be documented via addendum (addenda) to the Bidding Documents; all changes to the Contract Documents made after the opening of bids are to be documented by change order(s) to the Contract Documents. The Owner shall submit all addenda and change orders to the FDEP. FDEP - 4 Revised August 2022 Page 2027 of 2350 Agenda Item #29. ARTICLE 6 - ADVERTISEMENT FOR BIDS; SUBMISSION OF BIDS; OPENING OF BIDS Advertisement for Bids: 6.1. At a minimum, this Agreement/Contract is to be advertised for bids in local and statewide newspapers. Submission of Bids: 6.2. Bidders shall submit their bids at the place and by the deadline indicated elsewhere in the Bidding Documents. Opening of Bids: 6.3. Bids are to be opened and read aloud publicly at the time and place indicated elsewhere in the Bidding Documents. ARTICLE 7 - AWARD OF AGREEMENT/CONTRACT 7.1. If this Agreement/Contract is awarded, it is to be awarded to the lowest responsive, responsible bidder. A fixed -price (lump -sum or unit -price or both) agreement/contract is to be used. A clear explanation of the method of evaluating bids and the basis for awarding this Agreement/Contract are included elsewhere in the Bidding Documents. All bids may be rejected when in the best interest of the Owner. ARTICLE 8 - CONTRACT TIME 8.1. The number of days within which, or the date(s) by which, the Goods and Special Services are to be furnished and ready for final payment (the Contract Time) is set forth elsewhere in the Contract Documents. Unless otherwise provided in the Contract Documents, the Contract Time will commence to run on the Effective Date of this Agreement/Contract. ARTICLE 9 - PROGRESS AND PAYMENT SCHEDULES 9.1. The Contractor shall submit progress and payment schedules to the Owner within ten calendar days after the Effective Date of this Agreement/Contract. 9.1.1. The progress schedule is to indicate the Contractor's estimated dates for furnishing the various Goods and Special Services and is to show both the projected cost of Goods and Special Services furnished and the projected percentage of Goods and Special Services furnished versus Contract Time. 9.1.2. The payment schedule is to show the Contractor's projected progress and/or final payment(s) cumulatively by month. FDEP - 5 Revised August 2022 Page 2028 of 2350 Agenda Item #29. ARTICLE 10 - INSURANCE 10.1. Unless otherwise provided in the Contract Documents, the Contractor shall assume all risk of loss or damage to the Goods prior to the Owner's acceptance of delivery of the Goods and shall purchase and maintain, during fabrication and/or delivery of the Goods, such property insurance upon the Goods as the Owner requires or as the Contractor deems appropriate, whichever is greater. 10.2. Unless otherwise provided in the Contract Documents, the Owner shall assume all risk of loss or damage to the Goods after it accepts delivery of the Goods. After assuming all risk of loss or damage to the Goods, the Owner shall purchase and maintain property insurance upon the Goods. This insurance is to be in the amount recommended by a competent insurance counselor and is to insure against such risks as are customarily insured against in connection with the storage or operation of like goods (to the extent that such insurance is obtainable from time to time against any one or more such risks). In addition, this insurance is to be obtained from responsible insurance companies licensed to do business in the State of Florida. ARTICLE 11 - APPLICATIONS) FOR PAYMENT 11.1. The Contractor's application(s) for payment are to be accompanied by such certificates or documents as may be reasonably required. The Owner shall forward a copy of such certificates or documents as may be reasonably required to the Florida Department of Environmental Protection. ARTICLE 12 - ACCESS TO RECORDS 12.1. Authorized representatives of the Owner, the Florida Department of Environmental Protection, and the United States Environmental Protection Agency shall have access to, for the purpose of inspection, any books, documents, papers, and records of the Contractor that are pertinent to this Agreement/Contract. The Contractor shall retain all books, documents, papers, and records pertinent to this Agreement/Contract for a period of five years after receiving and accepting final payment under this Agreement/Contract. NOTE: ARTICLE 13 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 13 - MINORITY AND WOMEN'S BUSINESS ENTERPRISES 13.1. A goal of five percent of the Contract Price is established for Minority Business Enterprise (MBE) participation in the furnishing of the Goods and Special Services, and a goal of five percent of the Contract Price is established for Women's Business Enterprise (WBE) participation in the furnishing of the Goods and Special Services. If bidders or prospective contractors (including the Contractor) intend to let any lower -tier subcontracts for any portion of the furnishing of the Goods and Special Services, they shall physically include these percentage goals for MBE and WBE participation in all solicitations for subcontracts and shall take affirmative steps to assure that MBEs and WBEs are utilized, when possible, as sources of the Goods and Special Services. Affirmative steps are to include the following: (a) including small, minority, and women's businesses on solicitation lists; (b) assuring FDEP - 6 Revised August 2022 Page 2029 of 2350 Agenda Item #29. that small, minority, and women's businesses are solicited whenever they are potential sources; (c) dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by small, minority, and women's businesses; (d) establishing delivery schedules, when requirements permit, that will encourage participation by small, minority, and women's businesses; and (e) using the services of the Small Business Administration and the Office of Minority Business Enterprise of the United States Department of Commerce as appropriate. 13.2. Within ten calendar days after being notified of being the apparent Successful Bidder, the apparent Successful Bidder shall submit to the Owner documentation of the affirmative steps it has taken to utilize Minority and Women's Business Enterprises (MBEs and WBEs) in the furnishing of the Goods and Special Services and documentation of its intended use of MBEs and WBEs in the furnishing of the Goods and Special Services. The Owner shall keep this documentation on file and shall forward to the Florida Department of Environmental Protection a copy of the apparent Successful Bidder's documentation concerning its intended use of MBEs and WBEs in the furnishing of the Goods and Special Services. 13.3. Minority and Women's Business Enterprise (MBE and WBE) participation in the furnishing of the Goods and Special Services is to be considered in the award of this Agreement/Contract. The Owner shall not execute this Agreement/Contract until the Florida Department of Environmental Protection has approved the extent of MBE and WBE participation in the furnishing of the Goods and Special Services. ARTICLE 14 - VIOLATING FACILITIES (SECTION 306 OF THE CLEAN AIR ACT, SECTION 508 OF THE CLEAN WATER ACT, AND EXECUTIVE ORDER 11738) 14.1. The Contractor, and all subcontractors at any tier, shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's List of Violating Facilities. 14.2. In accordance with 40 CFR Part 15, if the price of this Agreement/Contract exceeds $100,000 and/or if this Agreement/Contract is otherwise nonexempt from 40 CFR Part 15, the Contractor agrees to the following: 14.2.1. The Contractor will not use any facility on the United States Environmental Protection Agency's List of Violating Facilities in the performance of this Agreement/Contract for the duration of time that the facility remains on the List; 14.2.2. The Contractor will notify the Florida Department of Environmental Protection/United States Environmental Protection Agency (USEPA) if a facility it intends to use in the performance of this Agreement/Contract is on the USEPA's List of Violating Facilities or if it knows that a FDEP - 7 Revised August 2022 Page 2030 of 2350 Agenda Item #29. facility it intends to use in the performance of this Agreement/Contract has been recommended to be placed on the USEPA's List of Violating Facilities; and 14.2.3. In the performance of this Agreement/Contract, the Contractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. 14.3. If the Contractor, or any subcontractor at any tier, awards any lower -tier subcontracts for any portion of the Goods or Special Services, it shall physically include in all such subcontracts the following provision: 14.3.1. The Subcontractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857[h]), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans), and 40 CFR Part 15, which prohibit the use, under nonexempt Federal contracts, grants, or loans, of facilities included on the United States Environmental Protection Agency's (USEPA's) List of Violating Facilities. In accordance with 40 CFR Part 15, if the price of this Subcontract exceeds $100,000 and/or if this Subcontract is otherwise nonexempt from 40 CFR Part 15, the Subcontractor agrees to the following: (a) the Subcontractor will not use any facility on the USEPA's List of Violating Facilities in the performance of this Subcontract for the duration of time that the facility remains on the List; (b) the Subcontractor will notify the Florida Department of Environmental Protection/USEPA if a facility it intends to use in the performance of this Subcontract is on the USEPA's List of Violating Facilities or if it knows that a facility it intends to use in the performance of this Subcontract has been recommended to be placed on the USEPA's List of Violating Facilities; and (c) in the performance of this Subcontract, the Subcontractor will comply with all requirements of the Clean Air Act and the Clean Water Act, including the requirements of Section 114 of the Clean Air Act and Section 308 of the Clean Water Act, and all applicable clean air standards and clean water standards. In addition, if the Subcontractor awards any lower -tier goods or special services subcontracts under this Subcontract, the Subcontractor shall physically include this provision in all such subcontracts. ARTICLE 15 -DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549� 15.1. If the price of this Agreement/Contract equals or exceeds $25,000, the Owner shall not award this Agreement/Contract, nor permit any lower -tier goods or special services subcontract with a price equaling or exceeding $25,000 to be awarded, to any party that is debarred or suspended or is otherwise excluded from, or ineligible for participation in, Federal assistance programs under Executive Order 12549 (Debarment and Suspension). 15.2. The attention of all bidders or prospective contractors (including the Contractor) is directed to the certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", which has been extracted from Appendix B to 40 CFR Part 32 and included as Appendix B to these Supplementary Conditions. The certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and FDEP - 8 Revised August 2022 Page 2031 of 2350 Agenda Item #29. Voluntary Exclusion - Lower Tier Covered Transactions" is applicable to this Agreement/Contract if the price of this Agreement/Contract equals or exceeds $25,000. 15.3. If bidders or prospective contractors (including the Contractor), or any prospective subcontractors at any tier, intend to let any lower -tier subcontracts for any portion of the Goods or Special Services, they shall physically include the certification/clause entitled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions", which is included as Appendix B to these Supplementary Conditions, in all lower -tier goods and special services subcontracts with a price equaling or exceeding $25,000 and in all solicitations for such subcontracts. ARTICLE 16 — AMERICAN IRON AND STEEL PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with the American Iron and Steel Provision as provided in Appendix C. Signing Appendix A certifies compliance with the American Iron and Steel provision. ARTICLE 17 - PROHIBITED LOCAL GOVERNMENT CONSTRUCTION PREFERENCES A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: 1. The contractor's maintaining an office or place of business within a particular local jurisdiction; 2. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or 3. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. B. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by Paragraph A. NOTE: ARTICLE 18 ONLY APPLIES TO FEDERAL CAP GRANT PROJECTS ARTICLE 18 — BUILD AMERICA, BUY AMERICA PROVISION Contracts being constructed with assistance from the State Revolving Fund Program are currently required to comply with The Build America, Buy America provision as provided in Appendix D. Signing Appendix A certifies compliance with the Build America, Buy America provision if the project is a Federal Cap Grant project. FDEP - 9 Revised August 2022 Page 2032 of 2350 Agenda Item #29. APPENDIX A TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION OF COMPLIANCE WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS This certification relates to an equipment/materials contract proposed by , (insert the name of the Owner) which expects to finance the proposed equipment/materials contract with assistance from the Florida Department of Environmental Protection (which administers a State Revolving Fund loan program supported in part with funds directly made available by grants from the United States Environmental Protection Agency). I am the undersigned prospective equipment/materials contractor or subcontractor. I certify that I have read the Florida Department of Environmental Protection's Supplementary Conditions and agree to incorporate the following articles into the bid and/or contract: ARTICLE 15 DEBARMENT AND SUSPENSION (EXECUTIVE ORDER 12549) ARTICLE 16 AMERICAN IRON AND STEEL PROVISION ARTICLE 18 BUILD AMERICA, BUY AMERICA PROVISION — IF A FEDERAL CAP GRANT PROJECT I agree that I will obtain identical certifications from prospective lower -tier construction subcontractors prior to the award of any lower -tier construction subcontracts. I also agree that I will retain such certifications in my files. (Signature of Authorized Official) (Date) (Name and Title of Authorized Official [Print or Type]) (Name of Prospective Construction Contractor or Subcontractor [Print or Type]) (Address and Telephone Number of Prospective Equipment/Materials Contractor or Subcontractor [Print or Type]) (Employer Identification Number of Prospective Construction Contractor or Subcontractor) FDEP - 10 Revised August 2022 Page 2033 of 2350 Agenda Item #29. APPENDIX B TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS [Note: This certification clause has been extracted from Appendix B to 40 CFR Part 32 and is applicable to all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000; this certification/clause is to be included in all FDEP-assisted goods and services (including construction) contracts and subcontracts with a price equaling or exceeding $25,000 and in all solicitations for such contracts and subcontracts.] Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (3) The prospective lower -tier participant also certifies that it and its principals: (a) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (3)(a) of this certification; and (c) Have not within athree-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective lower -tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. FDEP - 11 Revised August 2022 Page 2034 of 2350 Agenda Item #29. APPENDIX C TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS AMERICAN IRON AND STEEL PROVISION The Contractor acknowledges to and for the benefit of the ("Owner") and the State of Florida (the "State") that it understands that iron and steel products to be installed as a part of this contract must be in compliance with the requirements in H.R. 3547, "Consolidated Appropriations Act, 2014," (Appropriations Act). H.R. 3547 includes the following language in Division G, Title IV, Sec. 436, under the heading, "Use of American Iron and Steel,": (a) (1) None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 3 00j -12) shall be used for a proj ect for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the "Administrator") Binds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. FDEP - 12 Revised August 2022 Page 2035 of 2350 Agenda Item #29. APPENDIX D TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SUPPLEMENTARY CONDITIONS Build America, Buy America Requirement The Contractor acknowledges to and for the benefit of the ("Owner") and the State of Florida (the "State") that it understands that the products to be installed as a part of this contract must be in compliance with the Infrastructure Investment and Jobs Act ("IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-5 8, § § 70901-52. The Act requires the following Buy America preference: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The Contractor hereby presents and warrants to and for the benefit of the Owner and State that (a) the Contractor has reviewed and understands the Build America, Buy America Requirement, (b) all of the products used in the project will be and/or have been produced in the United States in a manner that complies with the Build America, Buy America Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this Acknowledgement, or information necessary to support a waiver of the Build America, Buy America Requirement, as may be requested by the Owner or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. FDEP - 13 Revised August 2022 Page 2036 of 2350 Agenda Item #29. "General Decision Number: FL20220130 09/30/2022 Superseded General Decision Number: FL20210130 State: Florida Construction Type: Heavy County: Palm Beach County in Florida. HEAVY CONSTRUCTION PROJECTS (Including Sewer and Water Lines) Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). JIf the contract is entered �. pinto on or after January 30, � 12022, or the contract is renewed or extended (e.g., an �. option is exercised) on or lafter January 30, 2022: JIf the contract was awarded one. for between January 1, 2015 ands 13anuary 29, 2022, and the contract is not renewed or �. extended on or after January � 130, 2022: 1 -L Executive Order 14026 generally applies to the � contract. � The contractor must pay � all covered workers at � least $15.00 per hour (or the applicable wage rate � listed on this wage � determination, if it is � higher) for all hours � spent performing on the � contract in 2022. Executive Order 13658 generally applies to the � contract. � The contractor must pay ally covered workers at least � $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all � hours spent performing on � that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Page 2037 of 2350 Agenda Item #29. Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 02/25/2022 2 05/13/2022 3 06/03/2022 4 09/30/2022 * ELEC0728-006 09/01/2022 Rates Fringes ELECTRICIAN ......................$ 36.40 13.63 ENGI0487-014 07/01/2013 Rates Fringes OPERATOR: Crane All Tower Cranes Mobile, Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydraulic, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydraulic Cranes Over 25 Tons but not more than 50 Tons; Hydraulic/Friction Cranes; & All Types of Flying Cranes; Boom Truck..........$ 29.05 8.80 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydraulic Cranes 25 Tons & Under, & Over 50 Tons (With Oiler); Page 2038 of 2350 Agenda Item #29. Boom Truck ..................$ 28.32 8.80 OPERATOR: Drill .................$ 25.80 8.80 OPERATOR: Oiler .................$ 22.99 8.80 ---------------------------------------------------------------- IRON0402-003 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL ........... $ 25.50 14.66 ---------------------------------------------------------------- LAB01652-004 05/01/2018 Rates Fringes LABORER: Grade Checker .......... $ 22.05 7.27 ---------------------------------------------------------------- PAIN0452-007 08/01/2019 Rates Fringes PAINTER: Brush, Roller and Spray ............................$ 19.96 11.05 ---------------------------------------------------------------- * SUFL2009-169 06/24/2009 Rates Fringes CARPENTER, Includes Form Work....$ 17.00 2.51 CEMENT MASON/CONCRETE FINISHER...$ 16.93 0.00 LABORER: Common or General......$ 10.64 ** 0.00 LABORER: Landscape ..............$ 7.25 ** 0.00 LABORER: Pipelayer..............$ 14.00 ** 0.00 LABORER: Power Tool Operator (Hand Held Drills/Saws, Jackhammer and Power Saws Only) ............................$ 10.63 ** 2.20 OPERATOR: Asphalt Paver ......... $ 11.59 ** 0.00 OPERATOR: Backhoe Loader Combo ............................$ 16.10 2.44 OPERATOR: Backhoe/Excavator..... $ 15.33 3.60 OPERATOR: Bulldozer .............$ 14.95 ** 0.81 Page 2039 of 2350 Agenda Item #29. OPERATOR: Grader/Blade .......... $ 16.00 2.84 OPERATOR: Loader ................$ 16.05 0.00 OPERATOR: Mechanic ..............$ 14.32 ** 0.00 OPERATOR: Roller ................$ 10.95 ** 0.00 OPERATOR: Scraper ...............$ 11.00 ** 1.74 OPERATOR: Trackhoe..............$ 20.92 5.50 OPERATOR: Tractor ...............$ 10.54 ** 0.00 TRUCK DRIVER, Includes Dump Truck ............................$ 9.60 ** 0.00 TRUCK DRIVER: Lowboy Truck ...... $ 12.73 ** 0.00 TRUCK DRIVER: Off the Road Truck ............................$ 12.21 ** 1.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO Page 2040 of 2350 Agenda Item #29. is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates Page 2041 of 2350 Agenda Item #29. the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in 3anuary of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be• * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. Page 2042 of 2350 Agenda Item #29. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISIOif Page 2043 of 2350 Agenda Item #29. SECTION 00841 0epar, Ontal VP Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor 3onathan P. Steverson Se rota ry AMERICAN IRON AND STEEL GUIDANCE FOR STATE REVOLVING FUND PROJECTS Florida State Revolving Fund Programs November 2016 P.L. 113-76, Consolidated Appropriations Act, 2014 (Act), includes an "American Iron and Steel (AIS)" requirement in section 436 that requires Clean Water State Revolvmig Loan Fund (CWSRF) and Drinking Water State Revolving Loan Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enact-nent of the Act), through the end of Federal Fiscal Year 2014. Section 436 also sets forth certain circumstances under which the Environmental Protection Agency (EPA) may waive the AIS requirement. Furthermore, the Act specifically exempts projects where engineering plans and specifications were approved by a State agency prior to January 17, 2014. The approach described below explains how EPA will implement the requirement. The guidance will be in the form questions and answers that address AIS, the types of projects that must comply with the AIS requirement, the types of products covered by the AIS requirement, and compliance. www. dep. State. fi, us 00841-1 Page 2044 of 2350 Agenda Item #29. Implementation 1) What is American Iron and Steel? The "American Iron and Steel (AIS)" provision requires State Revolvai-ig Fund (SF ) projects to use iron and steel products that are produced in the United States, AIS IS NOT ."Buy American" from the Stimulus of 2009 or ""Buy American"" that is used by agencies such as the Florida Department of Transportation. 2) What projects need to comply with AIS? All projects funded with a SRF agreement need to comply with AIS. AIS compliance applies to the entirety of the project, regardless when the construction begins or ends. One dollar in SRF funds requires AIS compliance on the entire project. AIS compliance applies to all parts of the -project, regardless of the source of funding. project, 3) What is an iron or steel product? The term "iron or steel products,. means the following products made primarily of iron or steel: 8 Lined or unlined pipes or fittings 0 Manhole Covers a Municipal Castings 0 Hydrants 0 Tanks 6 Flanges 0 Pipe clamps and restraints 0 Valves a Structural steel a Reinforced precast concrete 0 Construction materials 4) What is the definition of "primarily iron or steel"? A product that is primarily iron or steel is a product that is made of greater than % iron or steel, measured by cost. The cost should be based on the material costs. If a product is not listed in the AIS provision but is composed of more than 50% iron or steel, it does not have to be produced in the United States. 5) What is an iron or steel product? .An iron or steel product isone that is prmilarily made of iron or steel that is permanently incorporated. Equipment which are eventually removed from the project upon completion are not required to comply with AIS. 6) What does "produced in the United States" mean? Produced in the United States means that all manufacturing processes, including application of coatings, must take place in the Unl'ted States, except for metallurgical processes involving refinement of steel additives. All manufacturing processes includes processes such as melting, refining, formm mig, rolling, drawing, finishing, fabricating and I 111 V1 I 1 0 cev,- I 00841-2 Page 2045 of 2350 Agenda Item #29. coating. Raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AI S requirement. Non -iron or steel components of an iron and steel product may come from non -US sources. 7) What components are not covered by AN? Mechanical and electrical components, equipment and systems do not have to comply with AIS. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. 8) What are some examples of components not covered by AIS? Examples of components that do not need to comply with AI S include: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), nuxers, gates, motorized screens (such as traveling screens), blowers/ aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCAI), membrane bioreactor systenis, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings (such as electrical boxes/ enclosures), lighting fixtures, electrical conduit emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewaterig equipment. 9) What are the steps to document ATS compliance? Contract language - the specific contract language given in the FDEP Supplementary Conditions, Appendix D, must be included in each contract, including purchase agreements. Step Certification Process - each handler (supplier, fabricator, manufacturer, processor, etc.) of the iron and steel products certifies that their step in the process was performed domestically. Paper Trail - including the originating purchase order, the delivery of service via a bill of lading, and invoice from the manufacturer. 10) What does the certification letter need to contain? The certification letter should identify: • What the product is -The letter should list the specific product(s) delivered to the project site. Where it was made - The letter should include the manufacturing location of the products. To whom it was delivered - The letter should include the name of the project and jurisdiction where the project was delivered. 00841-3 Page 2046 of 2350 Agenda Item #29. • Signature of a representative who has the authority to speak on behalf of the company. 11) What is the waiver process.? The EPA has the ability to issue waivers when the following can be documented: 0 That applying the AI S requirements would be inconsistent with the public interest; OR 0 Iron and steel products are not produced in the United States in sufficient and reasonably available quantitates and of a satisfactory quality; OR • Inclusion of iron axed steel products produced U'l the United States will increase the cost of the overall project by more than 25%. 12) What are the steps to request a waiver? 0 The waiver request is emailed to the SRF program. 0 After review, the SRF program will forward the application to the EPA Headquarters. 0 After evaluation and review of public comments, EPA Headquarters will either approve or disapprove the waiver request. 0 EPA Headquarters will send notification to the SRF program and the decision will be posted online. 13) What are national waivers? The EPA has the authority to issue national waivers. The national waivers that have been approved to date include: De minimis waiver - allows a small percentage of incidental products of unknown or non -domestic origin to be incorporated. Users of the de Muilu''ruis waiver should maintain documentation of all the de ml_m*rm*s items in a project. Plans and Specifications Waiver - exempts projects with plans and specifications approved by a state agency prior to January 17, 2014 and between and including January 17 and April 15, 2014 (the date the waiver was signed). Product waiver for pig iron and direct reduced iron -permits the use of pig iron and direct reduced iron manufactured outside the US to be used in the manufacturing process for iron and steel products. Short-term waiver for stainless steel nuts and bolts used in pipe couplings, restraints, joints, flanges, and saddles. 14) What are the penalties for not complying with IS Failure to comply with the AI S requirements may delay, limit, or prevent the disbursement of SRF funds. The SRF program will require corrective actions by the 'W111111/0,I) 00841-4 Page 2047 of 2350 Agenda Item #29. Contractor as a result of violations of AI S compliance, including the replacement of the deficient products, compensation for costs, and other damages that may result. Violations may subject the Owners, the Contractors, and suppliers to enforcement actions from the EPA and other federal agencies. 15) VQere can further information be obtained about AIS? The EPA has a we site to address questions and concerns about AIS and can be found at http:ZZNvatcr.ep)a.ZovZdarts fundiiif,/aisrep uiremeiit.cfii-, 00841-5 Page 2048 of 2350 Agenda Item #29. Appendix: Sample Certification The following information is provided as a sample letter of ste certification for AIS compliance. Documentation must be provided on company letterhead. Date Company Name Company Address City, State Zip Subject: American Iron and Steel Step Certification for Project (XXXXXXXXXX) I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.) process for (manufacturing or fabricating) the following products and/ or materials shipped or provided for the subject project is in full compliance with the American Iron and Steel requirement as mandated in EPA' s State Revolving Fund Programs. Item, Products and/or Materials: Such process took place at the following location: If any of the above compliance statements change while providing material to this project we will immediately notify the prime contractor and the engineer. Signed by company representative ��1 Ad�•11. lrrli�yl �� 00841-6 Page 2049 of 2350 Agenda Item #29. Date of Issuance: Owner: Village of Tequesta Contractor: Engineer: Holtz Consulting Engineers Project: Water Main Replacement Program Project No. 01 & No. 4 Work Change Directive No. Effective Date: Owner's Task Order No.: Contractor's Project No.: Engineer's Project No.: Contract Name: Contractor is directed to proceed promptly with the following change(s): Description: Attachments: [List documents supporting change] Purpose for Work Change Directive: Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following] ❑Non -agreement on pricing of proposed change. ❑ Necessity to proceed for schedule or other Project reasons. Estimated Change in Contract Price and Contract Times (non -binding, preliminary): Contract Price $ Contract Time days Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Cost of the Work RECOMMENDED: By: By: Engineer (Authorized Signature) Title: Title: Date: Date: Approved by Funding Agency (if applicable) By: Title: [increase] [decrease]. [increase] [decrease]. ❑ Unit Price ❑ Other AUTHORIZED BY: Owner (Authorized Signature) Date: RECEIVED: By: Contractor (Authorized Signature) Title: Date: C-940, Work Change Directive Page 1 of 1 -Page 2050 of 2350 Agenda Item #29. Change Order No. Date of Issuance: Effective Date: Owner: Village of Tequesta Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Holtz Consulting Engineers Engineer's Project No.: Project: Water Main Replacement Program Project No. 01 & No. 4 Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders No. to No. Orders No. to No. Substantial Completion: $ Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates [Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order: Substantial Completion: $ Ready for Final Payment: days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: $ Ready for Final Payment: days or dates By: RECOMMENDED: ACCEPTED: ACCEPTED: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title Title Date: Date Date Approved by Funding Agency (if applicable) By: Date: Title: C-941, Change Order Page 1 of 1 nA 2051 of 2350 -CJ . Agenda Item #29. Field Order No. Date of Issuance: Owner: Village of Tequesta Contractor: Engineer: Holtz Consulting Engineers Project: Water Main Replacement Program Project No. 01 & No. 4 Effective Date: Owner's Task Order No.: Contractor's Project No.: Engineer's Project No.: Contract Name: Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work. Reference: Description: Attachments: By: Title: Date: Specification(s) ISSUED: Engineer (Authorized Signature) Copy to: Owner Drawing(s) / Detail(s) RECEIVED: By: Contractor (Authorized Signature) Title: Date: C-942, Field Order Page 1 of 1 2052 of 7_ 50 -Page�,� Agenda Item #29. Allowance Release No. Date of Issuance: Effective Date: Owner: Village of Tequesta Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Holtz Consulting Engineers Engineer's Project No.: Project: Water Main Replacement Program Project No. 01 & No. 4 Contract Name: The approved Construction Allowance is modified as follows upon execution of this Allowance Release: Description: Attachments: [List documents supporting change] CHANGE IN APPROVED CONSTRUCTION ALLOWANCE Original Construction Allowance: [Increase] [Decrease] from previously approved Allowance Release No. to No. Construction Allowance prior to this Allowance Release: [Increase] [Decrease] of this Allowance Release: Construction Allowance incorporating this Allowance Release: RECOMMENDED: By: By: Engineer (if required) Title: Title Date: Date ACCEPTED: By: ACCEPTED: Owner (Authorized Signature) Contractor (Authorized Signature) Title Date C-943, Allowance Release Page 1 of 1 Page 2053 of 2350 Agenda Item #29. Village 345 Tequesta Drive Tequesta, FL 33469 561-768-0700 www.tequesta.org WATER MAIN REPLACEMENT PROJECT NO, 01 & NO, 04 ITB NO, UTIL 11-08-22/MC Addendum IVo. 1 12/1/2022 RFP DUE (DATE AND TIME): December 15, 2022 at 2:00 PM TO ALL VENDORS PROVIDING QUOTES FOR THIS RFP: 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 WATER MAIN REPLACEMENT PROJECT NO.01 & NO.04 solicitation, fully and completely as if the same were fully set forth herein. PLEASE NOTE: All bids shall be submitted via Demandstar.com. Hard copies are not required to be submitted. ATTACHMENTS ATTACHMENT 1- Bidders' Questions and Responses END OF ADDENDUM Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 2054 of 2350 Agenda Item #29. TTACHMENT RESPONSES TO BIDDER QUESTIONS Page 2055 of 2350 Agenda Item #29. RESPONSES TO BIDDER QUESTIONS Question 1: What thickness will the Average Milling be? Response 1: The average thickness for milling and overlay is 1". Question 2: What is the Engineer's Estimate/budget? Response 2: The estimate is approximately $2.2 million. Question 3: Confirming that the Final Completion Time is 180 days? Response 3: Substantial completion is 210 days and Final Completion is 240 days. Question 4: Is the Minority and Female Goals a requirement for this bid? Response 4: There are no goals for this project. Question 5: Please confirm the percentage for the Minority Goal is 22.4°o for Palm Beach County. Response 5: There are no goals for this project. Question 6: What is the approximate type of the pipes to be installed on the project? Response 6: The project generally includes HDPE and PVC utility pipe. Question 7: Are there any portions of the project that will need to be Bored? Response 7: Yes. Refer to the bid plans. Question 8: Are the crossings to be Jack & Bored or Directionally Bored? Response 8: The project includes Horizontal Directional Drill (HDD). Question 9: What are the approximate lengths and diameters of the portions to be bored? Response 9: Please refer to the bid form. Question 10: How much is the cost estimate of the project? Response 10: The estimate is approximately $2.2 million. Question 11: Do you have any further details you wish to provide? Response 11: No. Question 12: On page 5 of 8 of the "Qualifications Statement" Section 10 for Financial Information, the Village is requesting an Audited Balance Sheet for the last 3 years. Is this a requirement for bid submittal responsiveness? This is atypical for bidding purposes, more common to be requested once a contract is awarded. Response 12: This will only be required from the firm who is awarded the contract. Question 13: On Page C3, Station 27+80, labeled 10" C900 PVC Watermain but it appears to still be the 12" HDPE drill. Looks like a typo. Response 13: There is no typo. The intent is to excavate to the HDPE and install transitions to C-900 PVC to make the open cut connection across Country Club Drive. Page 2056 of 2350 Agenda Item #29. Question 14: On Page C10, Sta 92+69 to 94+60 Calls out 14" HDPE Drill... none on the bid sheet so I assume it is supposed to be 12"? Response 14: Reference to 14" HDPE Drill is a typo. The size is 12" as provided at the transition adapters at each end of the drill. Question 15: Bid Items #7 and #8 specify furnish and install 10" and 12" HDPE Water Main. Can 10" and 12" DR 18 FPVC pipe be used as an equal to the 10" and 12" DR 11 HDPE pipe installed by HDD? Response 15: 8" DR 18 Fusible PVC pipe will be considered as an alternative to 10" DR 11 HDPE. 10" DR 18 Fusible PVC pipe will be considered as an alternative to 12" DR 11 HDPE. Question 16: Alternate bid request, use EPA approved Close Tolerance Pipe Slurrification / CTPS to remove the old AC pipe while installing the new pipe in the same location? CTPS will greatly reduce the social impacts, along with the economic and environmental impacts. Response 16: No — the existing pipes must remain in service during installation and testing of the new water mains. Question 17: Alternate bid request, Installing the new pipe within 12 to 16 inches from the old AC pipe using Close Tolerance HDD/CTHDD to ensure line and grade and prevent damage to old AC pipe. This method would reduce the cost of transferring the service lines over to the new pipe and prevent damage to the many existing utilities. Response 17: This will be discussed with the lowest responsible and responsive bidder. Potential costs for any redesign would be the responsibility of the contractor. Question 18: Can we simple foam fill the old AC pipe ends, this would allow the old pipe to be removed if needed in the future or used as a conduit for a reclaimed water system. Response 18: No. Question 19: Will trenchless methods be considered? Response 19: Trenchless construction is proposed throughout this project. Please refer to the project plans. Page 2057 of 2350 Agenda Item #29. V'111age of T 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org WATER MAIN REPLACEMENT PROJECT NO, 01 & NO, 04 ITB NO, UTI L 11-08-22/MC Addendum No. 2 12/s/2o22 RFP DUE (DATE AND TIME): December 15, 2022 at 2:00 PM TO ALL VENDORS PROVIDING QUOTES FOR THIS RFP: 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 WATER MAIN REPLACEMENT PROJECT NO.01 & NO.04 solicitation, fully and completely as if the same were fully set forth herein. PLEASE NOTE: All bids shall be submitted via Demandstar.com. Hard copies are not required to be submitted. ATTACHMENTS ATTACHMENT 1- Bidders' Questions and Responses ATTACHMENT 2 - Specifications: • Replace Section 00410 with the Revised Bid Form for Construction Contract — ADDENDUM #2 • Add Section 00700 Standard General Conditions of the Construction Contract • Replace Section 01025 with the Revised Measurement and Payment — ADDENDUM #2 ATTACHMENT 3 — Drawings: • Replace Drawings C-5, C-9, C-11, C-12 and C-13 with the revised drawings C-5, C-9, C-11, C-12 and C-13 END OF ADDENDUM Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 2058 of 2350 Agenda Item #29. TTACHMENT RESPONSES TO BIDDER QUESTIONS Page 2059 of 2350 Agenda Item #29. RESPONSES TO BIDDER QUESTIONS Question 1: Will the notice to proceed be issued after material has been scheduled to be delivered? i.e. not within the 210 day construction schedule? Response: Notice to proceed will be issued after the contract is awarded and prior to review of submittals and material procurement. The Notice to Proceed is required to begin the submittal review process. The Owner and Engineer will work with the Contractor regarding extended material lead times and additional contract time can be added with adequate justification and backup. Question 2: Due to the volatile commodities, will stored materials be allowed to be invoiced at cost? Response: Stored materials may be invoiced. Question 3: Does the Village have a "storage/staging" yard available to the contractor at "no cost"? Response: The contractor may store material at the Village of Tequesta Water Treatment Plant located at 901 Old Dixie Hwy., Tequesta, FL 33469. Contractor shall be responsible for any restoration costs associated with material storage. Question 4: Will the engineer require "certified as -built" pothole locations of potential conflicts before the project is started? Can this be an ongoing process during construction? Response: Potholing may be on -going during construction and certified as-builts of the potholes are not required to be submitted before the project is started. As -built elevations of conflicts shall be provided on the record drawings. Question 5: How are we to handle conflicts with CA TV cable & pedestals (and/or other franchise utilities) when they are located parallel to and/or crossing within the trench area (3 ft (minimum) each way from centerline)? Response: It's the Contractor's responsibility to protect and temporarily support, if necessary, any existing utilities. Conflict tables are provided on the plans for any existing utilities that have specific separation clearances required. Question 6: How are we to handle conflicts with sanitary laterals? Response: Where conflicts are found with existing sanitary laterals it is preferred that the water main be installed above the lateral with min. 6" clearance. The engineer will review potential conflicts identified during potholing and will coordinate with the contractor. Any additional fittings approved to be installed will be paid for under the ductile iron fitting line item on the bid form. Question 7: How are we to handle tree/shrub/hedge removals within the 10' installation width (5 ft each way from centerline)? Are trees required to be re -installed? Response: The intent is to minimize the impacts to residents and residential landscaping, especially large and well -established trees which shall be protected during construction (unless specifically called to be removed on the plans). Locations of concern will be reviewed in the field with the Contractor, Owner, and Engineer. Any Page 2060 of 2350 Agenda Item #29. adjustments made to the proposed alignment which require additional fittings will be paid under the ductile iron fittings line item." Question 8: The plans indicate "relocate ex sample points'; where will this be paid and where are they to be relocated? Is there a count available? Response: The contractor shall relocate the existing sample/flushing station on the hydrant at Station 26+75 to the hydrant on the new main adjacent to the current location. There is only one sample station within the project limits. This work is considered incidental to the project and no separate pay item will be included. Question 9: Are root barriers required? If so can the plans reflect the locations and the depth (of the barrier) that are required? Response: Aline item has been added to the bid form for root barrier. The location of the root barrier installation shall be directed by the Owner/Engineer during construction. The depth of the root barrier shall be equal to the bottom of the new water main. Question 10: How are we to handle conflicts with IQ mains? (where/when encountered) Response: The Loxahatchee River District's reclaimed water mains are located outside of the project limits. Lines labeled "IQ" on the plans are irrigation lines and shall be protected or replaced by the Contractor if damaged. Question 11: How are we to handle undefined drainage conflicts in the 8" PVC installation? E.g. C-5 ((Gulfstream) /11(Country Club)/12(Trade win ds)/13(Leeward) Response: Revised sheets have been provided. Sheet C-5: Conflicts 5-8, 5-9, and 5-10 have been added. Sheet C-11: Conflict 11-1 has been added. Sheet C-12: The leader on the existing conflict 12-1 has been corrected. Sheet C-13: The leader on the existing conflict 13-1 has been corrected. Question 12: Where are the fire hydrant removals to be paid? Response: Payment for this work is be included in the fire hydrant line item. An updated pay item description has been provided. Question 13: When connecting to existing 4"-10" where no gate valve exists, should line stops be used? If so, can line items be added for each size? Response: If a gate valve is not available or is unable to isolate the line where the tie-ins are to occur, a line stop shall be used after consultation with the Owner/Engineer. Pay items for 4", 6", 8" and 10" line stops have been added to the bid form and pay item descriptions. Question 14: Where the lines are being abandoned and capped (e.g. C-7), will line stops be required to maintain service to hydrants and rear lot services and if so where will they be paid? Response: The system is looped, and rear lot services may be fed from the other direction while valves in the project area are closed. A line stop, if required, will be paid according to the unit prices for a line stop. Page 2061 of 2350 Agenda Item #29. Question 15: When entering a bore location e.g. C-9, STA 82+79, can the 11.25 bends be installed outside of the bore length? Before the HDPE x G900 coupling? Keeps the size smaller of the 11.25 fitting. Less fused couplings that do not have to be made. Response: The locations of the ductile iron reducers and 11.25-degree bends can be swapped so that the 11.25-degree bend is smaller diameter. This change can be accounted for in the ductile iron fitting line item as it is measured by weight. Question 16: Can you review: C-14 Tequesta/Dover, Tequesta/Evergreen confirming the main line pipe/valves/fittings are 12" (in lieu of the 10" throughout)? Response: In locations where two directional bores are being connected near each other, the water main continues with a 12" diameter. Question 17: When accessing HDD pipe to install fire hydrants, can the tees be rotated and a single 45 fitting installed to gain the vertical alignment? (payment for this will need to be included in the fire hydrant?) Response: This is acceptable and payment for the 45-degree fitting would be included in fire hydrant line item. Question 18: The measurement and payment for the fire hydrant includes fora 90-degree bend however the plans do not indicate any of those instances? Response: It is not anticipated that any horizontal 90-degree bends will be required at any hydrant location. If required, it will be paid for under the ductile iron fittings line item. Question 19: What is the pipe composition from the tee to the fire hydrant? i.e. ductile iron or c- 900? Response: The horizontal pipe from the tee to the vertical 90 shall be C-900 PVC. Question 20: Does the contractor have to pay for all water used for the project? Response: The contractor will obtain a hydrant meter with backf low from the Village. The contractor will not be charged for water on this project. Question 21: Right of way permit fees, confirming the fees will be waived? Response: No fee would be required for Village right-of-way permits. Question 22: Are any tree removal permits required and if so will the fees be waived? Response: Tree removal permits may be required if trees in the right-of-way are to be removed. No fee would be charged. Question 23: Does the contractor have to install tree protection measures at each tree? Are the same methods required for shrubs/hedges? Response: Aline item has been added to the bid form for root barrier. The location of the root barrier installation shall be directed by the Owner/Engineer during construction. Page 2062 of 2350 Agenda Item #29. Question 24: Erosion control measures, is this limited to inlet protection? Is silt fence required? Response: Silt fence is required where necessary for control of sediment or drilling mud leaving the project site in accordance with requirements of the NPDES permit. Question 25: Do the lines have to be pigged for the fill and flush? Response: Pigging is required per Section 02000-2. Question 26: The sod restoration is being paid by the square yard, what is the width that will be paid per lineal foot? Response: Sod restoration was based on 10-ft of sod per lineal foot of disturbance. Sod installed in excess of this width will be at the contractor's expense. Question 27: 1 am respectfully requesting for the bid date to be extended for the above project. We would like to bid this project but due to our bidding schedule we wouldn't be able to make the bid date of 12-15-22. 1 appreciate your time in this matter and look forward to hearing from you. Response: The bid date will remain as December 15, 2022, at 2:00 PM. Page 2063 of 2350 Agenda Item #29. TTAC H M E NT SPECIFICATIONS Page 2064 of 2350 Agenda Item #29. BID FORM FOR CONSTRUCTION CONTRACT —ADDENDUM #2 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: Village of Tequesta C/O Village Clerk 345 Tequesta Drive Tequesta FL, 33469 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and G. Florida Trench Safety Act Certification; H. Statement of Disputes, Litigation, Arbitration, And Surety Completion; I. Noncollusion Affidavit; J. Drug -Free Workplace Certificate; K. Sworn Statement on Public Entity Crimes; L. Scrutinized Companies Certification Form ARTICLE 3—BASIS OF BID 3.01 UNIT PRICE BIDS A. Bidder will perform the following Work at the indicated unit prices: Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page 1 of 6 P 2 f Page 065 0 2 350 Agenda Item #29. Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1A Mobilization, Demobilization, Bonds & 1 LS $ Insurance (5%) 1B Maintenance of Traffic 9,820 LF $ 1C As -built Record Drawings 91820 LF $ 1D Audio Video Documentation 9,820 LF $ 1E NPDES Permit/Erosion Measures 9,820 LF $ 2 Furnish and Install 4-inch PVC Water Main 10 LF $ 3 Furnish and Install 6-inch PVC Water Main 80 LF $ 4 Furnish and Install 8-inch PVC Water Main 2,690 LF $ 5 Furnish and Install 10-inch PVC Water Main 5,280 LF $ 6 Furnish and Install 12-inch PVC Water Main 30 LF $ 7 Furnish and Install 10-inch HDPE Water Main 290 LF $ 8 Furnish and Install 12-inch HDPE Water Main 3,090 LF $ 9 Furnish and Install Ductile Iron Fittings 8 Tons $ 10 Furnish and Install 10" PVC/HDPE Transition 5 EA $ Adapter 11 Furnish and Install 12" PVC/HDPE Transition 34 EA $ Adapter 12 Furnish and Install 4-Inch Gate Valve with 1 EA $ Valve Box 13 Furnish and Install 6-Inch Gate Valve with 4 EA $ Valve Box 14 Furnish and Install 8-Inch Gate Valve with 24 EA $ Valve Box 15 Furnish and Install 10-Inch Gate Valve with 23 EA $ Valve Box 16 Furnish and Install 12-Inch Gate Valve with 10 EA $ Valve Box 17 Furnish and Install Fire Hydrant Assembly w/ 14 EA $ 6" GV AND Valve Box 18 Furnish and Install 24" X 24" Concrete Collar 14 EA $ w/ Tracer Wire Access Box 19 Connect New Water Main to Water Main (6" 18 EA $ to 12") 20 Furnish and Install Blow -Off Assembly 1 EA $ 21 2" Fill and Flushing Assembly 12 EA $ 22 Furnish and Install Sample Point 36 EA $ 23 Furnish and Install Short Single Service 35 EA $ 24 Furnish and Install Long Single Service 25 EA $ (Directional Bore w/ Casing) 25 Furnish and Install Short Double Service 3 EA $ 26 Furnish and Install Long Double Service 15 EA $ (Directional Bore w/ Casing) 27 Pressure Testing and Chlorinating New Water 11,470 LF $ Main 28 Cap, Grout, and Abandon Existing 4" AC Pipe 11400 LF $ 29 Cap, Grout, and Abandon Existing 6" AC Pipe 720 LF $ 30 Cap, Grout, and Abandon Existing 8" AC Pipe 71380 LF $ 31 Cap, Grout, and Abandon Existing 10" AC Pipe 5,180 LF $ Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page 2 of 6 P 2 f Page 066 0 2 350 Agenda Item #29. 32 Concrete Sidewalk 340 SY $ 33 Brick Paver Sidewalk 3 SY $ 34 Gravel Driveway Crossing and Restoration 40 SY $ 35 Asphalt Driveway Crossing and Restoration 220 SY $ 36 Concrete Driveway Crossing and Restoration 570 SY $ 37 Stamped Concrete Driveway Crossing and Restoration 40 SY $ 38 Brick Paver Driveway Crossing and Restoration 550 SY $ 39 Asphalt Pavement Crossing and Restoration 11110 SY $ 40 Mill and Overlay Existing Asphalt Road 11020 SY $ 41 Sodding 7,700 SY $ 42 Tree & Shrubbery Restoration 1 LS $ 43 Miscellaneous Restoration 1 LS $ 44 Root Barrier 400 LF $ 45 Furnish and Install 4" Line Stop Assembly 1 EA $ 46 Furnish and Install 6" Line Stop Assembly 1 EA $ 47 Furnish and Install 8" Line Stop Assembly 1 EA $ 48 Furnish and Install 10" Line Stop Assembly 1 EA $ Total of All Unit Price Bid Items $ B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and 2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder agrees that the Work will be substantially complete within 210 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run. 4.03 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page 3 of 6 P 2 7 f Page 06 0 2 350 Agenda Item #29. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: I Addendum Number I Addendum Date I ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder's Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page 4 of 6 P 2 f Page 068 0 2 350 Agenda Item #29. are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder's Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. 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. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. 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. Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page s of 6 P 2 f Page 069 0 2 350 Agenda Item #29. BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By. (individual's signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: (individual's signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Address for giving notices: Bidder's Contact: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Bidder's Contractor License No.: Section 00410, Bid Form for Construction Contract — ADDENDUM #2 Page 6 of 6 P 2 7 f Page 0 0 0 2 350 Agenda Item #29. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 6 Article2—Preliminary Matters..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ......................................... 7 2.02 Copies of Documents.................................................................................................................... 7 2.03 Before Starting Construction........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules..............................................................................................................8 2.06 Electronic Transmittals................................................................................................................. 8 Article 3—Contract Documents: Intent, Requirements, Reuse....................................................................9 3.01 Intent............................................................................................................................................. 9 3.02 Reference Standards.....................................................................................................................9 3.03 Reporting and Resolving Discrepancies......................................................................................1 3.04 Requirements of the Contract Documents.................................................................................10 3.05 Reuse of Documents...................................................................................................................11 Article 4—Commencement and Progress of the Work..............................................................................11 4.01 Commencement of Contract Times; Notice to Proceed.............................................................11 4.02 Starting the Work........................................................................................................................11 4.03 Reference Points.........................................................................................................................11 4.04 Progress Schedule.......................................................................................................................12 4.05 Delays in Contractor's Progress..................................................................................................12 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions ....................13 5.01 Availability of Lands....................................................................................................................13 5.02 Use of Site and Other Areas........................................................................................................14 5.03 Subsurface and Physical Conditions............................................................................................15 5.04 Differing Subsurface or Physical Conditions...............................................................................16 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 Page 2071 of 2350 Agenda Item #29. 5.05 Underground Facilities................................................................................................................17 5.06 Hazardous Environmental Conditions at Site.............................................................................19 Article6-Bonds and Insurance..................................................................................................................21 6.01 Performance, Payment, and Other Bonds.................................................................................. 21 6.02 Insurance -General Provisions...................................................................................................22 6.03 Contractor's Insurance................................................................................................................24 6.04 Builder's Risk and Other Property Insurance..............................................................................25 6.05 Property Losses; Subrogation.....................................................................................................25 6.06 Receipt and Application of Property Insurance Proceeds..........................................................27 Article 7-Contractor's Responsibilities.....................................................................................................27 7.01 Contractor's Means and Methods of Construction.................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 27 7.03 Labor; Working Hours................................................................................................................. 27 7.04 Services, Materials, and Equipment........................................................................................... 28 7.05 "Or Equals"..................................................................................................................................28 7.06 Substitutes.................................................................................................................................. 29 7.07 Concerning Subcontractors and Suppliers..................................................................................31 7.08 Patent Fees and Royalties...........................................................................................................32 7.09 Permits........................................................................................................................................ 33 7.10 Taxes........................................................................................................................................... 33 7.11 Laws and Regulations..................................................................................................................33 7.12 Record Documents......................................................................................................................33 7.13 Safety and Protection................................................................................................................. 34 7.14 Hazard Communication Programs.............................................................................................. 35 7.15 Emergencies................................................................................................................................ 35 7.16 Submittals...................................................................................................................................35 7.17 Contractor's General Warranty and Guarantee.........................................................................38 7.18 Indemnification........................................................................................................................... 39 7.19 Delegation of Professional Design Services................................................................................ 39 Article 8-Other Work at the Site...............................................................................................................40 8.01 Other Work.................................................................................................................................40 8.02 Coordination...............................................................................................................................41 8.03 Legal Relationships......................................................................................................................41 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 Page 2072 of 2350 Agenda Item #29. Article 9-Owner's Responsibilities............................................................................................................42 9.01 Communications to Contractor..................................................................................................42 9.02 Replacement of Engineer............................................................................................................42 9.03 Furnish Data................................................................................................................................42 9.04 Pay When Due.............................................................................................................................42 9.05 Lands and Easements; Reports, Tests, and Drawings.................................................................43 9.06 Insurance..................................................................................................................................... 43 9.07 Change Orders............................................................................................................................43 9.08 Inspections, Tests, and Approvals...............................................................................................43 9.09 Limitations on Owner's Responsibilities.....................................................................................43 9.10 Undisclosed Hazardous Environmental Condition......................................................................43 9.11 Evidence of Financial Arrangements...........................................................................................43 9.12 Safety Programs.......................................................................................................................... 43 Article 10-Engineers Status During Construction....................................................................................44 10.01 Owner's Representative..........................................................................................................44 10.02 Visits to Site.............................................................................................................................44 10.03 Resident Project Representative.............................................................................................44 10.04 Engineers Authority...............................................................................................................44 10.05 Determinations for Unit Price Work .......................................................................................45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 Limitations on Engineers Authority and Responsibilities......................................................45 10.08 Compliance with Safety Program............................................................................................45 Article 11-Changes to the Contract..........................................................................................................46 11.01 Amending and Supplementing the Contract..........................................................................46 11.02 Change Orders........................................................................................................................46 11.03 Work Change Directives.......................................................................................................... 46 11.04 Field Orders.............................................................................................................................47 11.05 Owner -Authorized Changes in the Work................................................................................47 11.06 Unauthorized Changes in the Work........................................................................................47 11.07 Change of Contract Price........................................................................................................47 11.08 Change of Contract Times.......................................................................................................49 11.09 Change Proposals....................................................................................................................49 11.10 Notification to Surety..............................................................................................................50 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Page 2073 of 2350 Agenda Item #29. Article12—Claims .......................................................................................................................................50 12.01 Claims......................................................................................................................................50 Article 13—Cost of the Work; Allowances; Unit Price Work...................................................................... 51 13.01 Cost of the Work..................................................................................................................... 51 13.02 Allowances.............................................................................................................................. 55 13.03 Unit Price Work.......................................................................................................................55 Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 14.01 Access to Work........................................................................................................................ 56 14.02 Tests, Inspections, and Approvals...........................................................................................56 14.03 Defective Work....................................................................................................................... 57 14.04 Acceptance of Defective Work................................................................................................58 14.05 Uncovering Work ....................................................................................................................58 14.06 Owner May Stop the Work.....................................................................................................58 14.07 Owner May Correct Defective Work....................................................................................... 59 Article 15—Payments to Contractor; Set -Offs; Completion; Correction Period........................................59 15.01 Progress Payments..................................................................................................................59 15.02 Contractor's Warranty of Title................................................................................................ 62 15.03 Substantial Completion...........................................................................................................62 15.04 Partial Use or Occupancy........................................................................................................ 63 15.05 Final Inspection....................................................................................................................... 64 15.06 Final Payment..........................................................................................................................64 15.07 Waiver of Claims..................................................................................................................... 65 15.08 Correction Period....................................................................................................................66 Article 16—Suspension of Work and Termination.....................................................................................67 16.01 Owner May Suspend Work..................................................................................................... 67 16.02 Owner May Terminate for Cause............................................................................................ 67 16.03 Owner May Terminate for Convenience................................................................................. 68 16.04 Contractor May Stop Work or Terminate............................................................................... 68 Article 17—Final Resolution of Disputes....................................................................................................69 17.01 Methods and Procedures........................................................................................................69 Article18—Miscellaneous .......................................................................................................................... 69 18.01 Giving Notice........................................................................................................................... 69 18.02 Computation of Times.............................................................................................................69 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 Page 2074 of 2350 Agenda Item #29. 18.03 Cumulative Remedies.............................................................................................................70 18.04 Limitation of Damages............................................................................................................ 70 18.05 No Waiver............................................................................................................................... 70 18.06 Survival of Obligations............................................................................................................70 18.07 Controlling Law....................................................................................................................... 70 18.08 Assignment of Contract...........................................................................................................70 18.09 Successors and Assigns........................................................................................................... 70 18.10 Headings..................................................................................................................................70 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 Page 2075 of 2350 Agenda Item #29. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The document prepared by Contractor, in a form acceptable to Engineer, to request 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. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 70 Page 2076 of 2350 Agenda Item #29. 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. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. 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), lead -based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations 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 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. Electronic Document —Any Project -related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means —Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 70 Page 2077 of 2350 Agenda Item #29. recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer —The individual or entity named as such in the Agreement. 23. 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. 24. 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. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens —Charges, security interests, or encumbrances upon Contract -related funds, real property, or personal property. 27. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29. 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. 30. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 70 Page 2078 of 2350 Agenda Item #29. 33. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. 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. 35. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals. 36. 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. 37. 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. 38. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. 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. 40. 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. 41. Submittal —A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner -delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality -control testing and inspections, and field or Site quality -control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals. 42. 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 of such Work. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 70 Page 2079 of 2350 Agenda Item #29. 43. Successful Bidder —The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 45. Supplier —A manufacturer, fabricator, supplier, distributor, 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. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities —All active or not -in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work —Work to be paid for on the basis of unit prices. 49. 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. 50. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 70 Page 2080 of 2350 Agenda Item #29. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.13, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 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: The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. 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 Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means 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, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, means 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," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 70 Page 2081 of 2350 Agenda Item #29. F. Contract Price or Contract Times: References to a change in "Contract Price or Contract Times" or "Contract Times or Contract Price" or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed. G. 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 Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. Evidence of Contractor's Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. Evidence of Owner's Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), 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 signed 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 required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 70 Page 2082 of 2350 Agenda Item #29. 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 pa rty. 2.05 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 the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will 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. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 70 Page 2083 of 2350 Agenda Item #29. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document 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 versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will 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. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. 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. 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, means 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, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer 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 or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 70 Page 2084 of 2350 Agenda Item #29. inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 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 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 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 in writing 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 70 Page 2085 of 2350 Agenda Item #29. 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 notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, 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 precludes 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 30th 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 60th day after the day of Bid opening or the 30th 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 may 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 70 Page 2086 of 2350 Agenda Item #29. established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must 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 will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or 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. Such an adjustment will 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 third -party utility owners or other third -party entities (other than those third -party utility owners or other third -party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 70 Page 2087 of 2350 Agenda Item #29. D. Contractor's entitlement to an adjustment of Contract Times or Contract Price is limited as follows: 1. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price 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. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. 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, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses 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. ARTICLE S—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 70 Page 2088 of 2350 Agenda Item #29. 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, or to improvements, structures, utilities, or similar facilities located at such adjacent lands 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 7.13, 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 in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 70 Page 2089 of 2350 Agenda Item #29. 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 of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: 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 Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: 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; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site -related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival documents concerning the Site; or 4. 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° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 70 Page 2090 of 2350 Agenda Item #29. 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: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 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 whether it is necessary for Owner to obtain 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; 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. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 70 Page 2091 of 2350 Agenda Item #29. 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, c. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 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; 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 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, then any such adjustment will 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, 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. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 70 Page 2092 of 2350 Agenda Item #29. 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. 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 on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review: Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor; 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 4. 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. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 70 Page 2093 of 2350 Agenda Item #29. or indicated on the Drawings, 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. 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; b. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E; and c. 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, then any such adjustment will 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, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 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 on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70 Page 2094 of 2350 Agenda Item #29. of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, 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. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 70 Page 2095 of 2350 Agenda Item #29. conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, 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.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 obligates 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 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6-130NDS 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 Contractor's obligations under the Contract. These bonds must 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 terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 Page 2096 of 2350 Agenda Item #29. Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, 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 must show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. 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. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 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. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self -insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 70 Page 2097 of 2350 Agenda Item #29. Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages 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, documentation of applicable self -insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. 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, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option, may purchase and maintain Owner's own liability insurance. 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. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies) on each Subcontractor's commercial general liability insurance policy; and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain 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. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) 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 will be adjusted accordingly. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70 Page 2098 of 2350 Agenda Item #29. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability, or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, 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 and Engineer. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, 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; 4. apply with respect to the performance of the Work, whether such performance is 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; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 Page 2099 of 2350 Agenda Item #29. 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor's acts or omissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. 6.04 Builder's Risk and Other 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 Work's full insurable replacement cost (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is complete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that required for the builder's risk insurance. The builder's risk insurance may terminate upon written confirmation of Owner's procurement of such property insurance. 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 advance notice of such occupancy or use to the builder's risk insurer, and obtain an endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. 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 6.04, it may do so at Contractor's expense. 6.05 Property Losses; Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 70 Page 2100 of 2350 Agenda Item #29. Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. 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, risks, 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 individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater 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. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, 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, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss, damage, or consequential loss. 1. 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 all losses and damages caused by, arising out of, or resulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights 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 insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater, and any other property insurance applicable to the Work. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 Page 2101 of 2350 Agenda Item #29. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses maybe 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 6.04 shall maintain such proceeds in a segregated account, and 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, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner -delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1) Contractor's determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 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 maintain good discipline and order at the Site. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 70 Page 2102 of 2350 Agenda Item #29. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. 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 will 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. 7.04 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 must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will 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 must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 "Or Equals" A. Contractor's Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, 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 equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an "or equal" item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 70 Page 2103 of 2350 Agenda Item #29. 2) 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) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or -equal" request. Engineer may require Contractor to furnish additional data about the proposed "or -equal" item. Engineer will be the sole judge of acceptability. No "or - equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or -equal," which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or -equal" request will result in any change in Contract Price. The Engineer's denial of an "or -equal" request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or -equal" item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor's Request; Governing Criteria: Unless the specification or description of an item of equipment or material 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 equipment or material under the circumstances described below. To the extent possible such requests must 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 equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.13, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 70 Page 2104 of 2350 Agenda Item #29. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will 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 the item specified; and 3) be suited to the same use as the item 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 the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 70 Page 2105 of 2350 Agenda Item #29. 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 will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers 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 or Supplier 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 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. 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 or Suppliers 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 or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 70 Page 2106 of 2350 Agenda Item #29. 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 solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 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 an 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 will be disclosed 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 70 Page 2107 of 2350 Agenda Item #29. 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 7.10 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. 7.11 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. 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 is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written 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 written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 70 Page 2108 of 2350 Agenda Item #29. 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. 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. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work -related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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). E. 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. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 70 Page 2109 of 2350 Agenda Item #29. I. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.0 that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor's duties and responsibilities for safety and protection will 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. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent 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 by an emergency, or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response, a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) 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 3) all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 70 Page 2110 of 2350 Agenda Item #29. 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures forShop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 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.C. 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. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. 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, comply with the requirements of 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 will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 70 Page 2111 of 2350 Agenda Item #29. document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 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, will 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 or Sample will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 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 Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner -Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner -delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 70 Page 2112 of 2350 Agenda Item #29. d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non -acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner -delegated Designs: Submittals pursuant to Owner -delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Con tractor'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 is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13, such that any related Claim must be brought within 30 days of the notice. C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, 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. D. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Owner's warranty and guarantee rights under this Paragraph 7.17: 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. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 70 Page 2113 of 2350 Agenda Item #29. 9. Any correction of defective Work by Owner. E. 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 will 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 losses, damages, costs, and judgments (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 from third -party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury, sickness, disease, or death, or to damage 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 will 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. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner -delegated design. B. Contractor shall cause such Owner -delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner -delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 70 Page 2114 of 2350 Agenda Item #29. D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner -delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner -delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. 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 third -party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 70 Page 2115 of 2350 Agenda Item #29. E. If the proper execution or results of any part of Contractor's Work depends upon work performed by others,. 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. F. The provisions of this article are not applicable to work that is performed by third -party utilities or other third -party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 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 for Owner at or adjacent to the Site, the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, 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. 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 will 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, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will 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 or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 70 Page 2116 of 2350 Agenda Item #29. 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. 1. 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 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 8.03.13. 2. 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 Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents will 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 70 Page 2117 of 2350 Agenda Item #29. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections, Tests, and Approvals A. 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 (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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 70 Page 2118 of 2350 Agenda Item #29. 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 10.07. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident 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 the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16. C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any) to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer's authority as to changes in the Work is set forth in Article 11. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 70 Page 2119 of 2350 Agenda Item #29. E. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.05 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. 10.06 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. 10.07 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, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation, and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Contractor under 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 10.07 also apply to the Resident Project Representative, if any. 10.08 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 of which Engineer has been informed. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 70 Page 2120 of 2350 Agenda Item #29. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract maybe amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that 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, must be supported by Engineer's recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in 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 11.05, (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 that embody the substance of any final and binding results under: Paragraph 11.03.6, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. 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 11.07 regarding change of Contract Price. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 70 Page 2121 of 2350 Agenda Item #29. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. 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. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 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. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Work 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 must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates 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. 11.06 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.C.2. 11.07 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 must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 70 Page 2122 of 2350 Agenda Item #29. 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); 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 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.07.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will 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 13.01.6.1 and 13.01.6.2, the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.6.3, the Contractor's fee will be 5 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 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.6.1 and 13.01.6.2 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 5 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 will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.6.4, 13.01.13.5, 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 of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.E (specifically, payroll costs, Paragraph 13.01.6.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.01.13.3; special consultants costs, Paragraph 13.01.13.4; and other costs, Paragraph 13.01.13.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 70 Page 2123 of 2350 Agenda Item #29. 11.08 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 must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: 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. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must 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. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data, either approve the Change Proposal in whole, deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 70 Page 2124 of 2350 Agenda Item #29. 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. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. 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 in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post -Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.13. 11.10 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 are subject 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; 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; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.13. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 70 Page 2125 of 2350 Agenda Item #29. 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 will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will 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 will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will 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 will 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 will 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 will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost -plus -fee, time -and -materials, or other cost -based terms; or EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 70 Page 2126 of 2350 Agenda Item #29. 2. When needed 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 will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will 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 in advance of the subject Work. Such employees include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will 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, which 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 will 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 or retained for services specifically related to the Work. 5. Other costs consisting of 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, which are EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 70 Page 2127 of 2350 Agenda Item #29. 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. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor -related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price ("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed 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 deductible amounts of builder's risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 70 Page 2128 of 2350 Agenda Item #29. 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 does not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.6.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5. 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. 6. Expenses incurred in preparing and advancing Claims. 7. 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 1. When the Work as a whole is performed on the basis of cost -plus -a -fee, then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work, Contractor's fee will be determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost -plus -a -fee, then Contractor's fee for any Work covered by a Change EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 70 Page 2129 of 2350 Agenda Item #29. Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee. Contractor shall preserve all such documents for a period of three years after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 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 for any of the foregoing will be valid. C. Owner's Contingency Allowance: Contractor agrees that an Owner's 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 for Work covered by allowances, and the Contract Price will 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 70 Page 2130 of 2350 Agenda Item #29. thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. 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 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 with such procedures and programs 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 will 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 70 Page 2131 of 2350 Agenda Item #29. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests will 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 will be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 70 Page 2132 of 2350 Agenda Item #29. 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 will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 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. 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, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 70 Page 2133 of 2350 Agenda Item #29. or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will 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 defective Work as required by Engineer, then Owner may, after 7 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 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15—PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. 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 must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 70 Page 2134 of 2350 Agenda Item #29. establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) 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. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 70 Page 2135 of 2350 Agenda Item #29. 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; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from 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; EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 70 Page 2136 of 2350 Agenda Item #29. 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 has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other 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; or I. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will 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 will be treated as an amount due as determined by Paragraph 15.01.D.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 7 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 70 Page 2137 of 2350 Agenda Item #29. 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 will 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 7 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. 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 70 Page 2138 of 2350 Agenda Item #29. significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At anytime, 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 15.03.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 6.04 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 inspection, annotated record documents (as provided in Paragraph 7.12), and other documents,. Contractor may make application for final payment. 2. The final Application for Payment must 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 70 Page 2139 of 2350 Agenda Item #29. d. a list of all duly pending Change Proposals and Claims; 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 Final Application and Recommendation of Payment: 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 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will 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. 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. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. 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 and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 70 Page 2140 of 2350 Agenda Item #29. appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. 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 as a Claim, 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 Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective, or that Contractor's repair of any damages to the Site or adjacent areas has been found to be defective, then after receipt of such notice of defect 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 adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, 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 from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.13. C. If, after receipt of a notice of defect within 60 days and within the correction period, 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 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). Contractor's failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.13, such that any related Claim must be brought within 30 days of the failure to pay. D. 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. E. 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° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 70 Page 2141 of 2350 Agenda Item #29. F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph are not to 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 directly attributable to any such suspension. Any Change Proposal seeking such adjustments must 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) 10 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) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within 7 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 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 70 Page 2142 of 2350 Agenda Item #29. attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 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 will govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 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; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post -termination overhead costs, 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 7 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, 7 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 EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 70 Page 2143 of 2350 Agenda Item #29. provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17—FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise 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; 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 requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid, to the recipient's place of business; or 3. by e-mail to the recipient, with the words "Formal Notice" or similar in the e-mail's subject line. 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. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 70 Page 2144 of 2350 Agenda Item #29. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC° C-700, Standard General Conditions of the Construction Contract. Copyright° 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 70 Page 2145 of 2350 Agenda Item #29. SECTION 01025 —ADDENDUM #2 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines unless otherwise indicated, the following: 1. Payment item descriptions. 2. Payment application descriptions. B. The cost of temporary facilities, bonds, insurance, attending project meetings, administration, record drawings, policing, and other general duties shall be considered incidental to all items. C. The OWNER may direct the CONTRACTOR to install certain portions of the work in advance of other portions without extra payment to the CONTRACTOR. 1.02 RELATED SECTIONS A. Section INV - Invitation to Bid B. Section IB - Instructions to Bidders C. Section BF - Bid Form D. Section A - Agreement E. Section GC - General Conditions 1.03 LUMP SUM ITEMS A. The lump sum price shall be full compensation for all labor, materials and equipment to satisfactorily complete the installation of the items as shown on the plans and indicated in the details for lump sum bid items. 1.04 UNIT PRICE ITEMS A. The ENGINEER or his representative shall determine the number of units of each work item installed. 01025-1 -ADDENDUM #2 Page 2146 of 2350 Agenda Item #29. 1. The unit price shall be full compensation for all labor, equipment and materials to satisfactorily complete the installation of the items as shown on the plans, indicated in the details, and described below. B. The omission of reference to any item in this description shall not alter the intent of the bid form or relieve the CONTRACTOR of the necessity of furnishing such as part of the Agreement. No separate payment will be made for any item that is not specifically set forth in the Bid Form, and all costs therefore shall be included in the prices named in the bid form for the various appurtenant items of work. 1.05 BID ITEM DESCRIPTIONS Bid Item No. Bid Item Describtion 1 Mobilization/Demobilization (Including GC's, MOT, and Safety): The Contract Lump Sum for this item shall constitute full compensation for mobilization, demobilization, general conditions, safety precautions and protocols, insurances, preconstruction video, construction layout, monthly photos, shop drawings, permits, temporary facilities, maintenance of traffic, as - built record drawings, temporary erosion control, and bonding in accordance with the contract documents. The first payment shall not include mobilization / demobilization if the CONTRACTOR has not started work at the project site. Payment for this item shall be by Lump Sum (LS). 2-6 Furnish and Install C-900 PVC Water Main (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of C-900 PVC water main as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but not limited to, all surveying, erosion control, trenching, rock removal, disposal of excess materials, bracing, sheeting, dewatering, maintenance of traffic, supporting existing utilities, restraint gaskets or glands, bedding, pipe, pipe marking tape, tracer wire, blocking, backfilling, compaction, flushing necessary to place and connect all piping, and removal and disposal of sidewalks, driveways, asphaltic concrete, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot (LF) installed. • Bid Item 2: 4" C-900 PVC Water Main • Bid Item 3: 6" C-900 PVC Water Main • Bid Item 4: 8" C-900 PVC Water Main • Bid Item 5: 10" C-900 PVC Water Main • Bid Item 6: 12" C-900 PVC Water Main 01025-2 -ADDENDUM #2 Page 2147 of 2350 Agenda Item #29. 7-8 Furnish and Install DR-11 HDPE Water Main Via Horizontal Directional Drill (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of DR- 11 HDPE water main via horizontal directional drill methods as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, surveying, erosion control, excavation, backfill, and compaction for entry and exit pits, maintenance of traffic, supporting and protecting existing utilities, dewatering, all pipe, drilling, reaming, slurry, disposal of excess materials, pipe marking tape, tracer wire, tracer wire termination boxes, flushing necessary to place and connect all piping, adapters, and removal and disposal of sidewalks, driveways, asphaltic concrete, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot (LF) of horizontal distance transversed as measured along the ground surface and not actual quantity of piping installed. • Bid Item 7: 10" HDPE Water Main • Bid Item 8: 12" HDPE Water Main 9 Furnish and Install Ductile Iron Fittings: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment, and tools for the complete installation of cement lined compact ductile iron fittings, including plugs, as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the ductile iron fittings, bolts, nuts, gaskets, flanges, restraints, glands, markers, backfilling, compaction, concrete thrust blocks, location and protection of utilities. Payment for this item shall be the actual weight of the compact fittings installed per pound. The weight of glands, gaskets, nuts, washers, bolts, and other accessories will not be measured for payment. 10-11 Furnish and Install PVC/HDPE Transition Adapter (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of PVC/HDPE adapter as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, materials, fusing, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) adapter installed. • Bid Item 10: 10" PVC/HDPE Transition Adapter • Bid Item 11: 12" PVC/HDPE Transition Adapter 01025-3 -ADDENDUM #2 Page 2148 of 2350 Agenda Item #29. 12-16 Furnish and Install Gate Valve with Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of ductile iron gate valves as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the gate valves, valve boxes, valve key extensions, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) valve installed. • Bid Item 12: 4" Gate Valve with Valve Box • Bid Item 13: 6" Gate Valve with Valve Box • Bid Item 14: 8" Gate Valve with Valve Box • Bid Item 15: 10" Gate Valve with Valve Box • Bid Item 16: 12" Gate Valve with Valve Box 17 Furnish and Install Fire Hydrant Assembly with 6-inch Gate Valve and Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a fire hydrant assembly, a 6-inch ductile iron gate valve, and valve box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the fire hydrant assembly, 90- degree bend, gate valve, mainline tee, 6-inch PVC pipe from the tee to the hydrant, valve boxes, valve key extensions, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) fire hydrant installed. 18 Furnish and Install Tracer Wire Access Box with Concrete Collar: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a tracer wire access box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) tracer wire access box installed. 01025-4 -ADDENDUM #2 Page 2149 of 2350 Agenda Item #29. 19 Connection to Existing Water Main: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete connection to an existing water main as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, restraining existing water mains, draining existing mains, coordination with OWNER, disinfection, backfilling, compaction, concrete thrust blocks concrete collars, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) connection made. 20 Furnish and Install Blow -Off Assembly: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a blow -off assembly as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the blow -off assembly, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and concrete supports, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) blow -off assembly installed. 21 Furnish and Install 2" Fill and Flushing Assembly: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a 2" fill and flush assembly as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the fill and flushing assembly, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and concrete supports, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) 2" fill and flushing assembly installed. 22 Furnishing and Install Sample Point: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install sample points as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the sample points, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the sample points. Payment of this item shall be per Each (EA) sample point installed. 01025-5 -ADDENDUM #2 Page 2150 of 2350 Agenda Item #29. 23 Furnishing and Install Short Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install short single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the short single service. Payment of this item shall be per Each (EA) short single service installed. 24 Furnishing and Install Long Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install long single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long single service. Payment of this item shall be per Each (EA) long single service installed. 25 Furnishing and Install Short Double Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install short double services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the short double service. Payment of this item shall be per Each (EA) short double service installed. 01025-6 -ADDENDUM #2 Page 2151 of 2350 Agenda Item #29. 26 Furnishing and Install Long Double Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install long double services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long double service. Payment of this item shall be per Each (EA) long double service installed. 27 Pressure Testing and Chlorinating New Water Main: The Contractor's bid unit price per linear foot (LF) of water main shall include all labor, materials, equipment, and incidentals necessary to flush and disinfect, as necessary for satisfactory pressure testing and bacteriological sampling and clearance, the new water mains, as shown on the Drawings and specified herein, and as directed by the Engineer. This item shall include coordination and planning for disposal of pressure testing and flushing water and disinfecting solutions, and coordination of pressure testing and bacteriological sampling with the Village. All work shall be in accordance with the Owner specifications, applicable AWWA standards, and the Florida Department of Environmental Protection (FDEP). Payment for pressure testing and chlorination and testing shall be contingent on acceptance and clearance to place the water main in service being granted by the FDEP. Note that expenses for additional pressure testing or re -flushing, disinfection, and sampling required due to previously failed bacteriological samples shall be borne by the Contractor and will not be paid by the Owner. Failing bacteriological tests must be retested on all portions of the water main connected to that failed testing site, not just the one local site that fails. 28-31 Cap and Abandon Existing Water Distribution System: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to abandon portions of the existing water distribution system to be abandoned as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, caps, disposal of water, bracing, sheeting and dewatering, the abandonment of the existing infrastructure, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete abandonment. Payment of this item shall be by Linear Foot (LF) of pipe capped, grouted, and abandoned. • Bid Item 32: Cap, Grout, and Abandon Existing 4" Pipe • Bid Item 33: Cap, Grout, and Abandon Existing 6" Pipe • Bid Item 34: Cap, Grout, and Abandon Existing 8" Pipe • Bid Item 35: Cap, Grout, and Abandon Existing 10" Pipe 01025-7 -ADDENDUM #2 Page 2152 of 2350 Agenda Item #29. 32 Concrete Sidewalk: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of concrete sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the concrete, and finishing. The cost shall include the replacement of any damaged concrete sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Square Yard (SY) of new concrete sidewalk installed. 33 Brick Paver Sidewalk Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of brick paver sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, and placement of the paver bricks. The cost shall include the replacement of any damaged brick paver sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Square Yard (SY) of new brick paver sidewalk installed. 34 Gravel Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same type and thickness of gravel driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the geotextile and gravel. The cost shall include the replacement of any damaged driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new gravel driveway installed. 01025-8 -ADDENDUM #2 Page 2153 of 2350 Agenda Item #29. 35 Asphalt Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness, but not less than one and a half inches (1 V2") of asphalt driveways that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to installation, compaction, preparation and fine grading of subgrade and base, tack coat, erosion control, placement of the final asphalt pavement and finishing. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt driveway installed. 36 Concrete Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, density and concrete testing, placement of the concrete, and finishing. The cost shall include the replacement of any damaged concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any concrete driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new concrete driveway installed. 37 Stamped Concrete Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of stamped concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the concrete, density testing, and finishing to match existing stamped driveway. The cost shall include the replacement of any damaged stamped concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any stamped concrete driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new stamped concrete driveway installed. 01025-9 -ADDENDUM #2 Page 2154 of 2350 Agenda Item #29. 38 Paver Brick Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of paver brick that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, density testing, and placement of the pavers to match existing paver brick driveway. The cost shall include the replacement of any damaged paver brick driveways as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any paver brick driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new paver brick driveway installed. 39 Asphalt Pavement Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness, but not less than one and a half inches (1 V2") of asphalt pavement that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to installation, compaction, preparation and fine grading of subgrade and base, tack coat, erosion control, placement of the temporary asphalt patch, and final asphalt pavement, finishing, maintenance of traffic, and pavement markings. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any roadway and driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt pavement installed. 40 Mill and Overlay Existing Asphalt Road: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the milling and resurfacing of asphalt pavement that are damaged by construction activities and as required by the Village and as shown on the engineering plans. The bid shall include work, labor and materials associated with the sawcutting, pavement markings, cleaning, milling and resurfacing of the asphalt pavement in accordance with Village requirements. The cost shall include the milling and resurfacing of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and Village requirements and to the approval of the OWNER and permitting requirements. Any milling and resurfacing outside of the areas noted on the Drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt pavement installed. 01025-10 -ADDENDUM #2 Page 2155 of 2350 Agenda Item #29. 41 Sodding: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment and incidentals necessary to restore sod, as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing sod, fertilizer, topsoil, water, grading, cutting, and preparation of subgrade, cleaning the site of the work location and protection of utilities, structures, trees, shrubs and lawns, and all other work required for the complete installation of the sod. The CONTRACTOR shall be responsible for the proper protection and maintenance of the sodded areas until a satisfactory uniform stand of grass has been established (minimum of two cuttings). Where sod fails to grow properly, the CONTRACTOR shall resod at his/her own expense, until satisfactory to the ENGINEER. No additional payment for sod will be made for this project. Payment of this item shall be by Lump Sum (LS). 42 Trees & Shrubbery Restoration: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment and incidentals necessary to restore and replace shrubbery and trees that are disturbed by the construction, as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing, replacing or relocating shrubbery and trees, fertilizer, topsoil, water, grading, cutting, mulching and preparation of subgrade, cleaning the site of the work location and protection of utilities, structures, and lawns, and all other work required for the complete restoration of the existing shrubbery and trees. All trees and shrubbery damaged beyond the limits of the work (20' each way from the center of the proposed pipe or outside of the right-of-way) as a result of the CONTRACTOR's operations shall be removed and replaced at CONTRACTOR's expense in accordance with the specifications and to the approval of the OWNER. Payment of this item shall be by Lump Sum (LS). 43 Miscellaneous Restoration: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment, and incidentals including but not limited to that which is necessary to permanently restore irrigation systems (piping, sprinkler heads, controls, wiring, etc.), mailboxes, fencing (wood, PVC, chainlink, barbed, chicken wire, etc.), gates, existing structures, signs, miscellaneous wiring and any other item that was damaged or removed during construction not covered in the other Bid Items, to existing conditions or better. All miscellaneous items damaged beyond the limits of the work as a result of the CONTRACTOR's operations shall be removed and replaced at CONTRACTOR's expense in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Lump Sum (LS). 01025-11 -ADDENDUM #2 Page 2156 of 2350 Agenda Item #29. 44 Root Barrier: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of root barrier, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be per linear foot (LF) of root barrier installed. 45-48 Furnish and Install Line Stop Assembly (various sizes): Under this Item, the CONTRACTOR shall provide all labor, materials and equipment; including exploratory excavation and protection of existing utilities, as well as all excavation, sheeting, shoring and bracing, dewatering, any required treatment of groundwater, backfill, compaction, grading, all testing, disinfection and clean- up. This item also includes all necessary restraining devices, removal and temporary repair of concrete driveways, concrete sidewalks, concrete curb and gutter, asphalt pavement (including all temporary striping and markings), all required restoration, installation of proposed line stop and all other items incidental to the construction of the line stop assembly. All incidental couplings and adapters necessary to complete the connection, regardless of whether the fittings, adapters, or couplings are specifically called out in the Plans, shall be provided. The cost of all incidental fittings, coupling, and adapters shall be included in the unit cost of the line stop assembly. • Bid Item 45: Furnish and Install 4" Line Stop Assembly • Bid Item 46: Furnish and Install 6" Line Stop Assembly • Bid Item 47: Furnish and Install 8" Line Stop Assembly • Bid Item 48: Furnish and Install 10" Line Stop Assembly 1.06 SATISFACTORY COMPLETION A. Satisfactory completion shall include dewatering, if any, and repair or replacement of damaged landscaping, irrigation systems, pavement or other existing improvements. 1.07 PAYMENT ITEMS A. Unit Price Bid 1. Payment shall constitute summation of measured quantities multiplied by the respective unit price for items constructed as specified herein and shown on the engineering drawings; including installation and removal of all temporary facilities, piping; and supply of all incidental materials, equipment and labor necessary to complete the contemplated Work whether specifically identified herein or not. 2. Partial progress payments will be made at monthly intervals and will be based upon the value of the Work completed on the date that a partial 01025-12 -ADDENDUM #2 Page 2157 of 2350 Agenda Item #29. payment application is submitted less deductions for retainage as defined elsewhere. Signed and Sealed Record Drawings shall be submitted and approved with each partial and final pay request. B. Total Lump Sum Bid 1. Full payment shall constitute full reimbursement for the construction of all work as specified herein and shown on the engineering drawings; installation and removal of all temporary facilities, piping, and supply of all incidental materials, equipment and labor necessary to complete the contemplated work whether specifically indentified herein or not. 2. Partial progress payments will be made at monthly intervals and be based upon the value of the Work completed on the date that a partial payment application is submitted less deductions for retainage as defined elsewhere. C. Restoration and Certification Items 1. The Bidder shall note that the sum of all permanent restoration bid items (items delineated by a "*") shall not be less than a minimum percent of the total bid cost. The certification bid item also shall not be less than a minimum percentage of the total bid cost. These minimum percentages have been defined previously in 1.05 of this specification section. 1.08 PAYMENT APPLICATION DESCRIPTION A. Preparation of Applications: 1. Present required information in type written form, or equivalent. 2. Execute certification by signature of authorized officer. 3. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed. 4. List each authorized Change Order as an extension on the Application for Payment, listing Change Order number and dollar amount as for an original item of Work. B. Submittal Procedures 1. Submit three copies of each Application for Payment. 2. Payment Period: Submit monthly as directed by the OWNER. 01025-13 -ADDENDUM #2 Page 2158 of 2350 Agenda Item #29. 3. Submit signed and sealed record drawings covering work for which payment is being requested. C. Substantiating Data 1. When OWNER requires substantiating information, submit data justifying dollar amounts in question. 2. Provide one copy of data with cover letter of each copy of application. Show Application number and date, and line item by number and description on each piece of data. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01025-14 -ADDENDUM #2 Page 2159 of 2350 Agenda Item #29. TTAC H M E NT DRAWINGS Page 2160 of 2350 HJ — I U LLJ 0 1 WUZ Z � V) Ow X U () W y. � I O 2 �o JW N ww^ J(Dz ID o� Z 90 oo m W LL-�� > 2 O Z LLJ (� W = w� Z � W L� Of (n %1 gp• pp. Z Oa 0-) U rn ■ 2 I Q J J oo — U) m Z I o f > z� � r� W cr Z Q Z W Q % r I O I (� W N O 0- + Z � � s I s N �w O a I / w X I Z,q�, '• a • f � W a " y . I xl NUJ ZHQ of o o. L s ::I I isM SM--- —__ m, M-- —SM- - sM - s S �--- �— —S —SM— � S � 9 I � — M-- SM-- _ W I S - Ok 3 I I II o3: •� zw 0- Yz z LL. NI o WII �Z Y Q o z wiz g Q � J �J : t M��j W Z � (d 9 . Q MA) V LOw LLJ w� � Q Y ■ fozm MATCHLINE: SHEET C-1, STA:41 +I Nwm A w � L Q = � co -0 (n cn ED Ln t�j c�'`9S • U I X Ld II II II mo I I v�www I I CV) 00 oozzW0 Xow �m I I \ I N� II10 o W � s _ — ws I _ 'o 00 WIw goo* w I � a i `s. <<. Os,. �, I a I z co z � X I N O w I O I �' OU O m� I0)Z W I W I I .. II I low �w ®s. I jwF-w �vw, 3 WI I .QLL. 0- C U�~ Q� Y� ~3::I � LO o 0- V) z I I V) c6 C) 0� I I[ z U � ' I NWzQ Ww ZQ m Z w w W W LL J I LL e O (n00NN �� I I o—N�(n m�o® o�D i WI I Z 0 Q �ww Ow 3 � _ w Cam» 0 7 U� z 7 � 0 � I w +wX�w �� z0- 0o NN—� � Q � W1, .. 0 _Ws __ Q w = �fi HHNLOCn�UCD . I CD O 0 TC U z `1' I I � a ` I Q ZZZ^ I , ` I —p—� I I II Q CD�g I I w<w . �9, I - �Cn< I W I x p Z I Ld 3 I W a owzL (n Q L� I w O I I �' a I .,z Y I21Z 0. 4 D I I MATCHLINE: SHEET C-8,, STA: 81 +; kw Q 7�'o ��o nw� ca mad Z w J D UN0 Y Fo� con ,g m Ogm UaQ CL w o I w Q �i A �, I Z p 00 I y. 3 X 3 3 I O• SM sM---_— fi ILI II olU > O 0. LLJ s p eo I � ZZ Y I Z O I Uw I UZ I I I Z ZWCl. O� oo� W W� !J WU o< 3jI p I I j (nW ZH OQ I �` pU) 1Z� I —W (� I U� I �� I WZ w �Q�- c��'x i W u, I I I �W 0 N m w� W Lli m �� ,e I (n W�i wQ 0 o J �� O ��• cn I I s Q U D Z 0- is I I w� O~� I O 'n• I A I I �6 o V) Of w OQ ', V) I OA. 6' . O ol 41. t—s N _ —s— —s- I I te. ai a — SM--- S Ai ---//f I �V) ss 00+ :VIS "EVO il]HS :INIIHDIVV wX L3� i I y I 5 Zw� I Z I I U N Q• .00000 LLJ 1 w I ,F Z Z 1 SS•�I.IP", Ilcl p _j co I U 91 • I Ycn dL I I m I a I � 3 I I I 3 I I 3 I � 3 moo• a � x dlk" I -�z �� L = MATCHLINE: SHEET C-3, S121 + i 01.0 LU uj A cn (0 V) C�o 42 Iq MATC H LI N E: SHEET C-3, STA: 131 +� Agenda Item #29. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta v a` s � coup 561-768-0700 www.tequesta.org WATER MAIN REPLACEMENT PROJECT NO, 01 & NO, 04 ITB NO, UTI L 11-08-22/MC Addendum No. 3 12/12/2022 RFP DUE (DATE AND TIME): December 15, 2022 at 2:00 PM TO ALL VENDORS PROVIDING QUOTES FOR THIS RFP: 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 WATER MAIN REPLACEMENT PROJECT NO.01 & NO.04 solicitation, fully and completely as if the same were fully set forth herein. PLEASE NOTE: • All bids shall be submitted via Demandstar.com. Hard copies are not required to be submitted. • The information for the Zoom virtual bid opening is below: o Website Link: https://us02web.zoom.us/I/81127555029?pwd=cFVYUkRyY083TGIYek000EVaV 1d1Zz09 o Telephone Number: 1-305-224-1968 o Meeting ID: 8112755 5029 o Passcode:811135 ATTACHMENTS ATTACHMENT 1- Bidders' Questions and Responses ATTACHMENT 2 - Specifications: • Replace Section 00410 with the Revised Bid Form for Construction Contract — ADDENDUM #3 END OF ADDENDUM Vice -Mayor Kyle Stone Mayor Molly Young Council Member Frank D'Ambra III Council Member Laurie Brandon Council Member Aaron Johnson Village Manager Jeremy Allen Page 2166 of 2350 Agenda Item #29. ATTACHMENT 1 RESPONSES TO BIDDER QUESTIONS Question 1: Are all of the houses connecting to the new water system? Response: Services in the project area that are currently on a water main to be abandoned will be reconnected to the new water main. Question 2: Conflict 10-21, please advise as to the depths? Response: The proposed 12" HDPE will be installed by HDD and be located beneath the existing AC water main. Question 3: On sheet C-10, STA 93+80 is the 14" HDPE mis-labelled ? (should be 12"?) Response: Yes — see response provided in Addendum #1 to Question 14. Question 4: Confirming the main line pipe from 94+60.2 to 94+84.3 should be 12" C-900? Response: Yes. The same size pipe is used for the tee and transition between bores at this location. Question 5: The connection to the existing adjacent to 10-8 (e.g.), can we expect all "connections to existing" to be at typical depths? i.e. 3 ft of cover? Response: Contractor shall pot -hole and verify depths prior to installation. The design is based on connections to existing being located at typical depths of cover. Question 6: The quantities furnished in the bid schedule in addendum #2 for the 10" HDPE = 290 If; please review as the original was correct? 550If? Response: See revised bid form for Addendum #3. Question 7: The quantities furnished in the bid schedule in addendum #2 for the as-builts = 9,840 If, shouldn't this be 11,470 If? Response: See revised bid form for Addendum #3. As-builts shall be lump sum. Question 8: The quantities for the 10" C-900, we're coming closer to 2,960 LF. Response: See revised bid form for Addendum #3. The estimated quantity for 10" C-900 is 5,300 LF and will be paid per the unit price contract. Question 9: The quantities for the mill & resurface, were coming closer to 1,650 sy. Response: Actual area for mill & resurface shall be paid per the unit price contract. Question 10: Should the first 6 pay items not be LS not LF? Response: Yes — the typo has been corrected and see revised bid form for Addendum #3. Question 11: Who is paying for density testing? Or does the city have their own lab ? If not how does it get paid for? Response: Density testing to be performed by a certified laboratory, approved by the owner, and paid for by the contractor. See Section 02225, 3.05 of the project specifications. Page 2167 of 2350 Agenda Item #29. ATTACHMENT 2 SPECIFICATIONS Page 2168 of 2350 Agenda Item #29. BID FORM FOR CONSTRUCTION CONTRACT — ADDENDUM #3 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1—OWNER AND BIDDER 1.01 This Bid is submitted to: Village of Tequesta C/O Village Clerk 345 Tequesta Drive Tequesta FL, 33469 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. List of Proposed Subcontractors; C. List of Proposed Suppliers; D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; and G. Florida Trench Safety Act Certification; H. Statement of Disputes, Litigation, Arbitration, And Surety Completion; I. Noncollusion Affidavit; J. Drug -Free Workplace Certificate; K. Sworn Statement on Public Entity Crimes; L. Scrutinized Companies Certification Form ARTICLE 3—BASIS OF BID 3.01 UNIT PRICE BIDS A. Bidder will perform the following Work at the indicated unit prices: Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 1 of 6 Page 2169 of 2350 Agenda Item #29. Item Description Unit Estimated Bid Unit Price Bid Amount No. Quantity 1A Mobilization, Demobilization, Bonds & 1 LS $ Insurance (5%) 1B Maintenance of Traffic 1 LS $ 1C As -built Record Drawings 1 LS $ 1D Audio Video Documentation 1 LS $ 1E NPDES Permit/Erosion Measures 1 LS $ 2 Furnish and Install 4-inch PVC Water Main 20 LF $ 3 Furnish and Install 6-inch PVC Water Main 80 LF $ 4 Furnish and Install 8-inch PVC Water Main 31000 LF $ 5 Furnish and Install 10-inch PVC Water Main 51300 LF $ 6 Furnish and Install 12-inch PVC Water Main 40 LF $ 7 Furnish and Install 10-inch HDPE Water Main 550 LF $ 8 Furnish and Install 12-inch HDPE Water Main 31200 LF $ 9 Furnish and Install Ductile Iron Fittings 8 Tons $ 10 Furnish and Install 10" PVC/HDPE Transition 6 EA $ Adapter 11 Furnish and Install 12" PVC/HDPE Transition 34 EA $ Adapter 12 Furnish and Install 4-Inch Gate Valve with 1 EA $ Valve Box 13 Furnish and Install 6-Inch Gate Valve with 4 EA $ Valve Box 14 Furnish and Install 8-Inch Gate Valve with 24 EA $ Valve Box 15 Furnish and Install 10-Inch Gate Valve with 23 EA $ Valve Box 16 Furnish and Install 12-Inch Gate Valve with 10 EA $ Valve Box 17 Furnish and Install Fire Hydrant Assembly w/ 14 EA $ 6" GV AND Valve Box 18 Furnish and Install 24" X 24" Concrete Collar 14 EA $ w/ Tracer Wire Access Box 19 Connect New Water Main to Water Main (6" 18 EA $ to 12") 20 Furnish and Install Blow -Off Assembly 1 EA $ 21 2" Fill and Flushing Assembly 12 EA $ 22 Furnish and Install Sample Point 36 EA $ 23 Furnish and Install Short Single Service 36 EA $ 24 Furnish and Install Long Single Service 26 EA $ (Directional Bore w/ Casing) 25 Furnish and Install Short Double Service 4 EA $ 26 Furnish and Install Long Double Service 16 EA $ (Directional Bore w/ Casing) 27 Pressure Testing and Chlorinating New Water 121,190 LF $ Main 28 Cap, Grout, and Abandon Existing 4" AC Pipe 11400 LF $ 29 Cap, Grout, and Abandon Existing 6" AC Pipe 720 LF $ 30 Cap, Grout, and Abandon Existing 8" AC Pipe 71380 LF $ 31 Cap, Grout, and Abandon Existing 10" AC Pipe 51180 LF $ Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 2 of 6 Page 2170 of 2350 Agenda Item #29. 32 Concrete Sidewalk 340 SY $ 33 Brick Paver Sidewalk 3 SY $ 34 Gravel Driveway Crossing and Restoration 40 SY $ 35 Asphalt Driveway Crossing and Restoration 220 SY $ 36 Concrete Driveway Crossing and Restoration 570 SY $ 37 Stamped Concrete Driveway Crossing and Restoration 40 SY $ 38 Brick Paver Driveway Crossing and Restoration 550 SY $ 39 Asphalt Pavement Crossing and Restoration 11110 SY $ 40 Mill and Overlay Existing Asphalt Road 11020 SY $ 41 Sodding 71700 SY $ 42 Tree & Shrubbery Restoration 1 LS $ 43 Miscellaneous Restoration 1 LS $ 44 Root Barrier 400 LF $ 45 Furnish and Install 4" Line Stop Assembly 1 EA $ 46 Furnish and Install 6" Line Stop Assembly 1 EA $ 47 Furnish and Install 8" Line Stop Assembly 1 EA $ 48 Furnish and Install 10" Line Stop Assembly 1 EA $ Total of All Unit Price Bid Items $ B. Bidder acknowledges that: 1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and 2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 4—TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder agrees that the Work will be substantially complete within 210 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run. 4.03 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptance Period A. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 3 of 6 Page 2171 of 2350 Agenda Item #29. 5.02 Instructions to Bidders A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: I Addendum Number I Addendum Date I ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS 6.01 Bidder's Representations A. In submitting this Bid, Bidder represents the following: 1. Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2. Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) Bidder's (Contractor's) safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 4 of 6 Page 2172 of 2350 Agenda Item #29. are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. 6.02 Bidder's Certifications A. The Bidder certifies the following: 1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3. Bidder has not solicited or induced any individual or entity to refrain from bidding. 4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a. 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. b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d. 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. Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 5 of 6 Page 2173 of 2350 Agenda Item #29. BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: (individual's signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: (individual's signature) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Address for giving notices: Bidder's Contact: Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Bidder's Contractor License No.: Section 00410, Bid Form for Construction Contract — ADDENDUM #3 Page 6 of 6 Page 2174 of 2350 DIVISION GENERAL REQUIREMENTS Agenda Item #29. SECTION 01000 SUMMARY OF WORK AND SUPPLEMENTARY CONDITIONS PART I - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The following is a summary of the work required of this Contract. l . Installation, testing, and disinfection of approximately 11,000 linear feet of 12-inch and 8-inch water mains, fittings, valves and other appurtenances Tequesta Drive, Country Club Drive, and side streets. 2. Connections to existing water mains. 3. The transferring of services from the existing water distribution system to the new water distribution system. 4. The abandonment of the existing water distribution system. 5. Restoration of all areas affected by construction activities to existing conditions or better. END OF SECTION 01000-1 Page 2176 of 2350 Agenda Item #29. SECTION 01025 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines unless otherwise indicated, the following: 1. Payment item descriptions. 2. Payment application descriptions. B. The cost of temporary facilities, bonds, insurance, attending project meetings, administration, record drawings, policing, and other general duties shall be considered incidental to all items. C. The OWNER may direct the CONTRACTOR to install certain portions of the work in advance of other portions without extra payment to the CONTRACTOR. 1.02 RELATED SECTIONS A. Section INV - Invitation to Bid B. Section IB - Instructions to Bidders C. Section BF - Bid Form D. Section A - Agreement E. Section GC - General Conditions 1.03 LUMP SUM ITEMS A. The lump sum price shall be full compensation for all labor, materials and equipment to satisfactorily complete the installation of the items as shown on the plans and indicated in the details for lump sum bid items. 1.04 UNIT PRICE ITEMS A. The ENGINEER or his representative shall determine the number of units of each work item installed. 01025-1 -FINAL Page 2177 of 2350 Agenda Item #29. 1. The unit price shall be full compensation for all labor, equipment and materials to satisfactorily complete the installation of the items as shown on the plans, indicated in the details, and described below. B. The omission of reference to any item in this description shall not alter the intent of the bid form or relieve the CONTRACTOR of the necessity of furnishing such as part of the Agreement. No separate payment will be made for any item that is not specifically set forth in the Bid Form, and all costs therefore shall be included in the prices named in the bid form for the various appurtenant items of work. 1.05 BID ITEM DESCRIPTIONS Bid Item No. Bid Item Describtion 1 Mobilization/Demobilization (Including GC's, MOT, and Safety): The Contract Lump Sum for this item shall constitute full compensation for mobilization, demobilization, general conditions, safety precautions and protocols, insurances, preconstruction video, construction layout, monthly photos, shop drawings, permits, temporary facilities, maintenance of traffic, as - built record drawings, temporary erosion control, and bonding in accordance with the contract documents. The first payment shall not include mobilization / demobilization if the CONTRACTOR has not started work at the project site. Payment for this item shall be by Lump Sum (LS). 2-6 Furnish and Install C-900 PVC Water Main (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of C-900 PVC water main as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but not limited to, all surveying, erosion control, trenching, rock removal, disposal of excess materials, bracing, sheeting, dewatering, maintenance of traffic, supporting existing utilities, restraint gaskets or glands, bedding, pipe, pipe marking tape, tracer wire, blocking, backfilling, compaction, flushing necessary to place and connect all piping, and removal and disposal of sidewalks, driveways, asphaltic concrete, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot (LF) installed. • Bid Item 2: 4" C-900 PVC Water Main • Bid Item 3: 6" C-900 PVC Water Main • Bid Item 4: 8" C-900 PVC Water Main • Bid Item 5: 10" C-900 PVC Water Main • Bid Item 6: 12" C-900 PVC Water Main 01025-2 -FINAL Page 2178 of 2350 Agenda Item #29. 7-8 Furnish and Install DR-11 HDPE Water Main Via Horizontal Directional Drill (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete construction of DR- 11 HDPE water main via horizontal directional drill methods as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, surveying, erosion control, excavation, backfill, and compaction for entry and exit pits, maintenance of traffic, supporting and protecting existing utilities, dewatering, all pipe, drilling, reaming, slurry, disposal of excess materials, pipe marking tape, tracer wire, tracer wire termination boxes, flushing necessary to place and connect all piping, adapters, and removal and disposal of sidewalks, driveways, asphaltic concrete, rock base and subgrade (including necessary sawcutting). Payment for this item is per Linear Foot (LF) of horizontal distance transversed as measured along the ground surface and not actual quantity of piping installed. • Bid Item 7: 10" HDPE Water Main • Bid Item 8: 12" HDPE Water Main 9 Furnish and Install Ductile Iron Fittings: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment, and tools for the complete installation of cement lined compact ductile iron fittings, including plugs, as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the ductile iron fittings, bolts, nuts, gaskets, flanges, restraints, glands, markers, backfilling, compaction, concrete thrust blocks, location and protection of utilities. Payment for this item shall be the actual weight of the compact fittings installed per pound. The weight of glands, gaskets, nuts, washers, bolts, and other accessories will not be measured for payment. 10-11 Furnish and Install PVC/HDPE Transition Adapter (Various Sizes): The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of PVC/HDPE adapter as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, materials, fusing, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) adapter installed. • Bid Item 10: 10" PVC/HDPE Transition Adapter • Bid Item 11: 12" PVC/HDPE Transition Adapter 01025-3 -FINAL Page 2179 of 2350 Agenda Item #29. 12-16 Furnish and Install Gate Valve with Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of ductile iron gate valves as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the gate valves, valve boxes, valve key extensions, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) valve installed. • Bid Item 12: 4" Gate Valve with Valve Box • Bid Item 13: 6" Gate Valve with Valve Box • Bid Item 14: 8" Gate Valve with Valve Box • Bid Item 15: 10" Gate Valve with Valve Box • Bid Item 16: 12" Gate Valve with Valve Box 17 Furnish and Install Fire Hydrant Assembly with 6-inch Gate Valve and Valve Box: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a fire hydrant assembly, a 6-inch ductile iron gate valve, and valve box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the fire hydrant assembly, 90- degree bend, gate valve, mainline tee, 6-inch PVC pipe from the tee to the hydrant, valve boxes, valve key extensions, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) fire hydrant installed. 18 Furnish and Install Tracer Wire Access Box with Concrete Collar: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a tracer wire access box as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) tracer wire access box installed. 01025-4 -FINAL Page 2180 of 2350 Agenda Item #29. 19 Connection to Existing Water Main: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete connection to an existing water main as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, restraining existing water mains, draining existing mains, coordination with OWNER, disinfection, backfilling, compaction, concrete thrust blocks concrete collars, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) connection made. 20 Furnish and Install Blow -Off Assembly: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a blow -off assembly as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the blow -off assembly, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and concrete supports, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) blow -off assembly installed. 21 Furnish and Install 2" Fill and Flushing Assembly: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of a 2" fill and flush assembly as shown on the construction drawings, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, bracing, sheeting, rock removal, dewatering, the furnishing and installation of the fill and flushing assembly, bolts, nuts, gaskets, restraints, glands, backfilling, compaction, concrete thrust blocks concrete collars, Operation and Maintenance Manuals, and concrete supports, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be the actual number of Each (EA) 2" fill and flushing assembly installed. 22 Furnishing and Install Sample Point: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install sample points as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the sample points, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the sample points. Payment of this item shall be per Each (EA) sample point installed. 01025-5 -FINAL Page 2181 of 2350 Agenda Item #29. 23 Furnishing and Install Short Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install short single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the short single service. Payment of this item shall be per Each (EA) short single service installed. 24 Furnishing and Install Long Single Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install long single services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long single service. Payment of this item shall be per Each (EA) long single service installed. 25 Furnishing and Install Short Double Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install short double services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the short double service. Payment of this item shall be per Each (EA) short double service installed. 01025-6 -FINAL Page 2182 of 2350 Agenda Item #29. 26 Furnishing and Install Long Double Service: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to furnish and install long double services as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, bracing, sheeting and dewatering, the furnishing and installation of the service lines, meter boxes, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete installation of the long double service. Payment of this item shall be per Each (EA) long double service installed. 27 Pressure Testing and Chlorinating New Water Main: The Contractor's bid unit price per linear foot (LF) of water main shall include all labor, materials, equipment, and incidentals necessary to flush and disinfect, as necessary for satisfactory pressure testing and bacteriological sampling and clearance, the new water mains, as shown on the Drawings and specified herein, and as directed by the Engineer. This item shall include coordination and planning for disposal of pressure testing and flushing water and disinfecting solutions, and coordination of pressure testing and bacteriological sampling with the Village. All work shall be in accordance with the Owner specifications, applicable AWWA standards, and the Florida Department of Environmental Protection (FDEP). Payment for pressure testing and chlorination and testing shall be contingent on acceptance and clearance to place the water main in service being granted by the FDEP. Note that expenses for additional pressure testing or re -flushing, disinfection, and sampling required due to previously failed bacteriological samples shall be borne by the Contractor and will not be paid by the Owner. Failing bacteriological tests must be retested on all portions of the water main connected to that failed testing site, not just the one local site that fails. 28-31 Cap and Abandon Existing Water Distribution System: Under this item, the CONTRACTOR shall provide all labor, materials and equipment, and incidentals necessary to abandon portions of the existing water distribution system to be abandoned as shown on the drawings, as specified herein and as directed by the ENGINEER, including but not limited to: excavation, disposal of excess materials, caps, disposal of water, bracing, sheeting and dewatering, the abandonment of the existing infrastructure, fittings, bolts, nuts, gaskets, flanges, restraints, backfill and compaction, testing, supports, maintaining existing utilities, protection of utilities, protection of structures, trees and shrubs and all other work required for the complete abandonment. Payment of this item shall be by Linear Foot (LF) of pipe capped, grouted, and abandoned. • Bid Item 32: Cap, Grout, and Abandon Existing 4" Pipe • Bid Item 33: Cap, Grout, and Abandon Existing 6" Pipe • Bid Item 34: Cap, Grout, and Abandon Existing 8" Pipe • Bid Item 35: Cap, Grout, and Abandon Existing 10" Pipe 01025-7 -FINAL Page 2183 of 2350 Agenda Item #29. 32 Concrete Sidewalk: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of concrete sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the concrete, and finishing. The cost shall include the replacement of any damaged concrete sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Square Yard (SY) of new concrete sidewalk installed. 33 Brick Paver Sidewalk Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of brick paver sidewalks that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, and placement of the paver bricks. The cost shall include the replacement of any damaged brick paver sidewalk as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Square Yard (SY) of new brick paver sidewalk installed. 34 Gravel Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same type and thickness of gravel driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the geotextile and gravel. The cost shall include the replacement of any damaged driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new gravel driveway installed. 01025-8 -FINAL Page 2184 of 2350 Agenda Item #29. 35 Asphalt Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness, but not less than one and a half inches (1 V2") of asphalt driveways that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to installation, compaction, preparation and fine grading of subgrade and base, tack coat, erosion control, placement of the final asphalt pavement and finishing. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt driveway installed. 36 Concrete Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, density and concrete testing, placement of the concrete, and finishing. The cost shall include the replacement of any damaged concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any concrete driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new concrete driveway installed. 37 Stamped Concrete Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of stamped concrete driveways that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, placement of the concrete, density testing, and finishing to match existing stamped driveway. The cost shall include the replacement of any damaged stamped concrete driveway as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any stamped concrete driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new stamped concrete driveway installed. 01025-9 -FINAL Page 2185 of 2350 Agenda Item #29. 38 Paver Brick Driveway Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness of paver brick that are damaged by construction activities as shown by hatching on the drawings. The bid shall include preparation and fine grading of subgrade, compaction, density testing, and placement of the pavers to match existing paver brick driveway. The cost shall include the replacement of any damaged paver brick driveways as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any paver brick driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of new paver brick driveway installed. 39 Asphalt Pavement Replacement: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the replacement, in kind and to the same thickness, but not less than one and a half inches (1 V2") of asphalt pavement that are damaged by construction activities as shown by hatching on the drawings. The bid price shall include but not be limited to installation, compaction, preparation and fine grading of subgrade and base, tack coat, erosion control, placement of the temporary asphalt patch, and final asphalt pavement, finishing, maintenance of traffic, and pavement markings. The cost shall include the replacement of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and to the approval of the OWNER. Any roadway and driveway restoration outside of the areas depicted on the drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt pavement installed. 40 Mill and Overlay Existing Asphalt Road: Under this Item, CONTRACTOR shall provide all labor, material, and equipment required for the milling and resurfacing of asphalt pavement that are damaged by construction activities and as required by the Village and as shown on the engineering plans. The bid shall include work, labor and materials associated with the sawcutting, pavement markings, cleaning, milling and resurfacing of the asphalt pavement in accordance with Village requirements. The cost shall include the milling and resurfacing of any damaged asphalt pavement as a result of the construction activities in accordance with the specifications and Village requirements and to the approval of the OWNER and permitting requirements. Any milling and resurfacing outside of the areas noted on the Drawings will be paid for by the CONTRACTOR at no additional cost to the OWNER. Payment for this item shall be by Square Yard (SY) of asphalt pavement installed. 01025-10 -FINAL Page 2186 of 2350 Agenda Item #29. 41 Sodding: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment and incidentals necessary to restore sod, as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing sod, fertilizer, topsoil, water, grading, cutting, and preparation of subgrade, cleaning the site of the work location and protection of utilities, structures, trees, shrubs and lawns, and all other work required for the complete installation of the sod. The CONTRACTOR shall be responsible for the proper protection and maintenance of the sodded areas until a satisfactory uniform stand of grass has been established (minimum of two cuttings). Where sod fails to grow properly, the CONTRACTOR shall resod at his/her own expense, until satisfactory to the ENGINEER. No additional payment for sod will be made for this project. Payment of this item shall be by Lump Sum (LS). 42 Trees & Shrubbery Restoration: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment and incidentals necessary to restore and replace shrubbery and trees that are disturbed by the construction, as specified herein and as directed by the ENGINEER, including but not limited to: furnishing and installing, replacing or relocating shrubbery and trees, fertilizer, topsoil, water, grading, cutting, mulching and preparation of subgrade, cleaning the site of the work location and protection of utilities, structures, and lawns, and all other work required for the complete restoration of the existing shrubbery and trees. All trees and shrubbery damaged beyond the limits of the work (20' each way from the center of the proposed pipe or outside of the right-of-way) as a result of the CONTRACTOR's operations shall be removed and replaced at CONTRACTOR's expense in accordance with the specifications and to the approval of the OWNER. Payment of this item shall be by Lump Sum (LS). 43 Miscellaneous Restoration: Under this Item, the CONTRACTOR shall provide all labor, materials, equipment, and incidentals including but not limited to that which is necessary to permanently restore irrigation systems (piping, sprinkler heads, controls, wiring, etc.), mailboxes, fencing (wood, PVC, chainlink, barbed, chicken wire, etc.), gates, existing structures, signs, miscellaneous wiring and any other item that was damaged or removed during construction not covered in the other Bid Items, to existing conditions or better. All miscellaneous items damaged beyond the limits of the work as a result of the CONTRACTOR's operations shall be removed and replaced at CONTRACTOR's expense in accordance with the specifications and to the approval of the OWNER. Payment for this item shall be by Lump Sum (LS). 01025-11 -FINAL Page 2187 of 2350 Agenda Item #29. 44 Root Barrier: The Contract Unit Price for this item shall constitute full compensation for furnishing all materials, labor, equipment and tools for the complete installation of root barrier, specified herein and as directed by the ENGINEER. This item includes, but is not limited to, all excavation, disposal of excess materials, the furnishing and installation of all materials, backfilling, compaction, and protection of utilities, structures, trees, and shrubs. Payment for this item shall be per linear foot (LF) of root barrier installed. 45-48 Furnish and Install Line Stop Assembly (various sizes): Under this Item, the CONTRACTOR shall provide all labor, materials and equipment; including exploratory excavation and protection of existing utilities, as well as all excavation, sheeting, shoring and bracing, dewatering, any required treatment of groundwater, backfill, compaction, grading, all testing, disinfection and clean- up. This item also includes all necessary restraining devices, removal and temporary repair of concrete driveways, concrete sidewalks, concrete curb and gutter, asphalt pavement (including all temporary striping and markings), all required restoration, installation of proposed line stop and all other items incidental to the construction of the line stop assembly. All incidental couplings and adapters necessary to complete the connection, regardless of whether the fittings, adapters, or couplings are specifically called out in the Plans, shall be provided. The cost of all incidental fittings, coupling, and adapters shall be included in the unit cost of the line stop assembly. • Bid Item 45: Furnish and Install 4" Line Stop Assembly • Bid Item 46: Furnish and Install 6" Line Stop Assembly • Bid Item 47: Furnish and Install 8" Line Stop Assembly • Bid Item 48: Furnish and Install 10" Line Stop Assembly 49 Owner's Allowance: This fixed lump sum pay item shall include items solely at the discretion and the approval of the Owner for additional items not included in the unit price schedule. Any remaining money left in this allowance that is not used and approved by the Owner shall not be paid to the Contractor. Payment from this lump sum allowance is totally at the discretion and approval of the Owner. 1.06 SATISFACTORY COMPLETION A. Satisfactory completion shall include dewatering, if any, and repair or replacement of damaged landscaping, irrigation systems, pavement or other existing improvements. 1.07 PAYMENT ITEMS A. Unit Price Bid 1. Payment shall constitute summation of measured quantities multiplied by the respective unit price for items constructed as specified herein and shown 01025-12 -FINAL Page 2188 of 2350 Agenda Item #29. on the engineering drawings; including installation and removal of all temporary facilities, piping; and supply of all incidental materials, equipment and labor necessary to complete the contemplated Work whether specifically identified herein or not. 2. Partial progress payments will be made at monthly intervals and will be based upon the value of the Work completed on the date that a partial payment application is submitted less deductions for retainage as defined elsewhere. Signed and Sealed Record Drawings shall be submitted and approved with each partial and final pay request. B. Total Lump Sum Bid 1. Full payment shall constitute full reimbursement for the construction of all work as specified herein and shown on the engineering drawings; installation and removal of all temporary facilities, piping, and supply of all incidental materials, equipment and labor necessary to complete the contemplated work whether specifically indentified herein or not. 2. Partial progress payments will be made at monthly intervals and be based upon the value of the Work completed on the date that a partial payment application is submitted less deductions for retainage as defined elsewhere. C. Restoration and Certification Items 1. The Bidder shall note that the sum of all permanent restoration bid items (items delineated by a "*") shall not be less than a minimum percent of the total bid cost. The certification bid item also shall not be less than a minimum percentage of the total bid cost. These minimum percentages have been defined previously in 1.05 of this specification section. 1.08 PAYMENT APPLICATION DESCRIPTION A. Preparation of Applications: 1. Present required information in type written form, or equivalent. 2. Execute certification by signature of authorized officer. 3. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed. 4. List each authorized Change Order as an extension on the Application for Payment, listing Change Order number and dollar amount as for an original item of Work. 01025-13 -FINAL Page 2189 of 2350 Agenda Item #29. B. Submittal Procedures 1. Submit three copies of each Application for Payment. 2. Payment Period: Submit monthly as directed by the OWNER. 3. Submit signed and sealed record drawings covering work for which payment is being requested. C. Substantiating Data 1. When OWNER requires substantiating information, submit data justifying dollar amounts in question. 2. Provide one copy of data with cover letter of each copy of application. Show Application number and date, and line item by number and description on each piece of data. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01025-14 -FINAL Page 2190 of 2350 Agenda Item #29. SECTION 01039 COORDINATION AND MEETINGS PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Coordination. 2. Field engineering. 3. Cutting and patching. 4. Preconstruction conference. S. Progress meetings. 1.02 COORDINATION A. Coordinate scheduling, submittals, and work to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items to be installed later. B. Coordinate completion and clean up of Work of separate sections in preparation for Substantial Completion. C. Coordinate any tie-ins to existing piping with OWNER. Obtain written authorization prior to shutting down any water mains or services, reclaimed mains, force mains, or performing tie-ins. D. Procure approval from OWNER prior to operating any existing valve. 1.03 FIELD ENGINEERING A. Employ a Land Surveyor registered in the State of Florida and acceptable to the ENGINEER and the Authority to perform all field surveys. B. CONTRACTOR shall locate and protect survey control and reference points. C. Control datum for survey is Vertical Control NAVD 1988. 01039-1 Page 2191 of 2350 Agenda Item #29. D. Provide field engineering services. Utilize land surveyor to establish elevations, lines, and levels, utilizing recognized survey practices. E. Submit signed and sealed certification prepared by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. 1.04 CUTTING AND PATCHING A. Employ skilled and experienced installer to perform cutting and patching. B. Submit written request in advance of cutting or altering elements which affects: 1. Structural integrity of element. 2. Integrity of weather -exposed or moisture -resistant elements. 3. Efficiency, maintenance, or safety of element. 4. Visual qualities of sight -exposed elements. 5. Work of OWNER or separate CONTRACTOR. C. Execute cutting, fitting, and patching including excavation and fill, to complete Work, and to: 1. Fit the several parts of the Work together, to integrate with other Work. 2. Uncover Work for installation of subsequent Work or to correct ill-timed Work. 3. Remove and replace defective and non -conforming Work. 4. Remove samples of installed Work for testing. 5. Provide openings in elements of Work for penetrations by mechanical and electrical Work. D. Execute Work by methods, which will avoid damage to other Work, and provide proper surfaces to receive patching and finishing. E. Cut rigid materials using masonry saw or core drill, as required. F. Restore Work with new Products in accordance with requirements of Contract Documents. 01039-2 Page 2192 of 2350 Agenda Item #29. G. Construct a tight fit between the Work and pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Refinish surfaces to match ad j acent finishes. For continuous surfaces, refinish to nearest intersection; for an assembly, refinish entire unit. I. Identify any hazardous substance or condition exposed during the Work to the ENGINEER. 1.05 PRECONSTRUCTION CONFERENCE A. ENGINEER will schedule a conference after Notice of Award. B . Attendance Required: OWNER, ENGINEER and General CONTRACTOR if applicable. C. Agenda: 1. Designation of personnel representing the parties in Contract, and the ENGINEER. 2. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, change orders and Contract closeout procedures. 3. Scheduling. 1.06 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work as required. B . Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two (2) days to ENGINEER, OWNER, participants, and those affected by decisions made at the meeting. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, OWNER, ENGINEER, as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 01039-3 Page 2193 of 2350 Agenda Item #29. 4. Identification of problems, which impede planned progress. PART Z — PRODUCTS NOT USED PART 3 — EXECUTION NOT USED END OF SECTION 01039-4 Page 2194 of 2350 Agenda Item #29. SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR'S responsibilities, unless otherwise indicated, for the following: 1. Submittal procedures. 2. Construction progress schedules. 3. Dewatering plans. 4. Temporary trenching, sheeting, and shoring plan. 5. Proposed products list. 6. Shop drawings. 7. Product data. 8. Manufacturers' instructions. 9. Manufacturers' certificates. 10. Maintenance of Traffic. 1.02 RELATED SECTIONS A. Section 01400 - Quality Control: Manufacturers' field services and reports. 1.03 SUBMITTAL PROCEDURES A. Transmit each submittal with ENGINEER accepted form. B. Sequentially number the transmittal forms. Resubmittals to have original number with an alphabetic suffix. C. Identify Project, CONTRACTOR, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. 01300-1 Page 2195 of 2350 Agenda Item #29. D. Apply CONTRACTOR's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to ENGINEER at their business address. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for CONTRACTOR and ENGINEER review stamps on each submittal. H. Only complete submittals will be reviewed. Partial or incomplete submittals for a product will be returned to the CONTRACTOR without review. I. Revise and resubmit submittals as required, identify all changes made since previous submittal. J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.04 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule as required in the "General Conditions" and Section 01310. B. Revise and resubmit as required in the "General Conditions" and Section 01310. C. Submit revised schedules with each Application for Payment, identifying changes since previous version. D. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. E. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration. F. Indicate estimated percentage of completion for each item of Work at submission of each Application for Payment. 1.05 DEWATERING PLANS A. Submit dewatering plans to ENGINEER for review. 013 00-2 Page 2196 of 2350 Agenda Item #29. B. After ENGINEER's review of dewatering plans, CONTRACTOR shall submit plans to proper governing authority and receive permits for dewatering prior to construction. CONTRACTOR is also responsible for closing out dewatering permits, if applicable. Submit approved dewatering plan to ENGINEER for their records. C. CONTRACTOR is responsible for paying any dewatering permit fees and to adhering to all NPDES requirements. 1.06 PROPOSED PRODUCTS LIST A. Submit complete list of major products proposed for use, with name of manufacturer, trade name, and model number or each product. These products should include as a minimum the following: 1. PVC Pipe, Gaskets 2. Ductile Iron Fittings 3. HDPE Pipe 4. Poly Pipe 5. Valves 6. Air Release Valves 7. Precast Structures 8. Fire Hydrants 9. Meter Boxes 10. Others as required B . For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.07 SHOP DRAWINGS A. After Contractor's review, distribute in accordance with Part 1.03 - Submittal Procedures above for the ENGINEER's and OV NER's Review and Approval. 01300-3 Page 2197 of 2350 Agenda Item #29. 1.08 PRODUCT DATA A. Submit the number of copies which the CONTRACTOR requires, plus four (4) copies, which will be retained by the ENGINEER. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures 1.03 above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.09 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, maintenance and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.10 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to ENGINEER for review, in quantities specified for Product Data. B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to ENGINEER. 1.12 MAINTENANCE OF TRAFFIC A. Prepare and submit a Work Zone Traffic Control Plan to the appropriate officials in all municipalities and jurisdictions where the work will impact the flow of traffic. Obtain written approval of that plan from all municipalities and jurisdictions, then provide copies of the plan and all approvals to the OWNER and ENGINEER prior to the start of construction. Also submit plan to maintain/control pedestrian traffic in the work area. 013 00-4 Page 2198 of 2350 Agenda Item #29. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01300-5 Page 2199 of 2350 Agenda Item #29. SECTION 01310 CONSTRUCTION SCHEDULES PART 1 - GENERAL 1.1 REQUIREMENTS INCLUDED A. Within ten (10) days after receipt of written Notice of Award of the Contract, prepare and submit to the ENGINEER/OWNER an estimated construction progress schedule for the work, with sub -schedules of related activities essential to its progress. B. Submit revised progress schedules with each application for payment in accordance with the ENGINEER's/OWNER's requirements. The schedule shall show work completed as of the 30th of each month. 1.2 RELATED REQUIREMENTS A. General Conditions of the Contract Documents. B. Section 01000: Summary of Work. C. Section 01039: Coordination and Meetings. D. Section 01300: Submittals. 1.3 FORM OF SCHEDULES A. Prepare schedules in the form and to the level of detail and sequencing acceptable to the ENGINEER/OWNER. B. Format of Listings: The chronological order of the start of each item of work. 1.4 CONTENT OF SCHEDULES A. Construction Progress Schedule: 1. Show the complete sequence of construction by activity following the Critical Path Method (CPM). Include dates for beginning and completing each and every task. The schedule must also include the following, at a minimum: a. Mobilization. b. Submission of Shop Drawings. 01310-1 Page 2200 of 2350 Agenda Item #29. C. Placement of Equipment and Materials Orders. d. Delivery of Equipment and Materials, including OWNER furnished materials. e. Installation/construction of work. f. Disinfection and preliminary testing. g. Record Drawings. h. Pressure Testing. i. Restoration. j . Clean-up and Completion. B . For submittals, shop drawings, product data and samples show: 1. The dates for CONTRACTOR's submittals. 2. The dates reviewed submittals will be required from the ENGINEER/OWNER. C. Provide sub -schedules to clearly and satisfactorily define critical portions of the prime schedule. 1.5 PROGRESS REVISIONS A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since submission of the previous month's schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays and the projected impact on the schedule. 01310-2 Page 2201 of 2350 Agenda Item #29. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime CONTRACTOR" s. 1.6 SUBMISSIONS A. Submit initial schedules within 10 days of the date of the Notice to Proceed. 1. The ENGINEER/OWNER will review schedules and return one (1) reviewed copy within 10 days after receipt. 2. If required, resubmit a corrected schedule within 10 days after return of review copy. B. Scheduling shall be prepared in a horizontal bar chart format on paper not smaller than 8 V2 inches x 14 inches. C. With each application for payment, submit: 1. A written description and explanation of any changes in the schedule since the last submission. 2. Three (3) copies each of the construction progress schedule and the shop drawing submittal schedule. 1.7 DISTRIBUTION A. Distribute copies of the reviewed schedules to: 1. Job site file. 2. Subcontractor's. 3. Other concerned parties. B . Instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedule. PART 2 — PRODUCTS Not Used. 01310-3 Page 2202 of 2350 Agenda Item #29. PART 3 — EXECUTION Not Used. END OF SECTION 01310-4 Page 2203 of 2350 Agenda Item #29. SECTION 01360 PRE -CONSTRUCTION AUDIO -VIDEO DOCUMENTATION PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise noted, for the following: 1. Audio -Video Documentation. 2. Equipment. 3. Submittals. 4. Technique. 5. Quality Assurance. 1.02 QUALITY ASSURANCE A. Documentation shall be performed by a responsible commercial firm known to be skilled and regularly engaged in the preparation of pre -construction color audio - video documentation. Any Preconstruction video produced by the CONTRACTOR will be immediately rejected. All preconstruction videos are to be completed by a firm with extensive amount of previous experience in producing preconstruction documentation. This preconstruction video is required to support existing conditions in case of dispute. B. Completed documentation shall reproduce bright, sharp pictures with accurate colors and shall be free from distortion, tearing, rolling, or any other significant picture imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity, and be free of distortion. C. Construction shall not proceed until the OWNER and ENGINEER have reviewed the documentation and notified the CONTRACTOR of its acceptability. Two (2) copies provided shall be as required in Section 01300 -Submittals. 01360-1 Page 2204 of 2350 Agenda Item #29. 1.03 MEASUREMENT AND PAYMENT A. No separate payment item is provided for this work. The cost of performing this work shall be incorporated into the bid items or lump sum amount identified on the bid form. PART 2 - PRODUCTS 2.01 RECORDING EQUIPMENT A. Utilize color video camera having: 1. Horizontal Resolution of 350 lines at center. 2. 8:1 Zoom, minimum. B. Utilize digital format recorder having: 1. Minimum horizontal resolution of 540 lines, 60 fields. 2.02 RECORDING MEDIA A. Utilize new, Digital Video Disc (DVD) having: 1. DVD shall be DVD-R. DVD-RAM shall not be accepted. 2. 43/4 inches diameter discs. 3. High resolution. 4. 4.7 gigabyte storage per layer with two (2) layers minimum. PART 3 - EXECUTION 3.01 COVERAGE A. Record coverage of all surface features located in the construction's zone of influence (including the proposed storage area(s)) including, but not limited to: 1. Roadways, driveways, curbs, sidewalks. 2. Homes, commercial establishments, multi -family dwelling units, walls, gates, decorative concrete structures, parking lots, and pavement. 013 60-2 Page 2205 of 2350 Agenda Item #29. 3. Traffic control signals, signs, markings, etc. 4. Drainage structures, abovegrade utilities, drainage swales, canals. 5. Landscaping, trees, shrubbery, fences, irrigation heads, meters. B. Record the individual features of each item with particular attention being focused upon the existence of any faults, fractures, or defects. C. Control pan rate, rate of travel, camera height and zoom rate to maintain a steady clear view at all times. D. Limit recorded coverage to one side of any street at any one time. E. Create a single, continuous, unedited recording that begins and ends within each portion of a particular construction area. The recording shall proceed in the direction of ascending baseline stationing. 3.02 AUDIO CONTENT A. Simultaneously record audio content during videotaping. B. Audio recording shall assist in viewer orientation and in any needed identification, clarification, or description of features being recorded. C. Audio recording will only consist of camera operator commentary. 3.03 INDEXING A. Permanently label each tape with a sequential tape number and the project name. B. Index each DVD with a digital record of the time and date of the recording that is continuously displayed as the DVD is played. C. Prepare a written log which describes the contents of each DVD including: 1. Structure/location names. 2. Coverage begin/end, station and location. 3. Recording date. 01360-3 Page 2206 of 2350 Agenda Item #29. 3.04 CONDITIONS A. Record coverage during dry, clear weather and during daylight hours only. B. Record coverage when the area to be covered is free of debris or obstructions. C. Record coverage no more than 15 days prior to the start of construction. END OF SECTION 013 60-4 Page 2207 of 2350 Agenda Item #29. SECTION 01400 QUALITY CONTROL PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Quality assurance and control of installation. 2. References. 3. Inspection and testing laboratory services. 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply fully with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from ENGINEER before proceeding. D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Perform work by persons qualified to produce workmanship of specified quality. F. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement. G. Provide devices or utilize methods necessary for compliance with the "Trench Safety Act". 1.03 REFERENCES A. Conform to reference standard as identified in each individual technical specification section. 01400-1 Page 2208 of 2350 Agenda Item #29. B. Should specified reference standards conflict with Contract Documents, request clarification from ENGINEER before proceeding. C. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by any reference standard or document. 1.04 INSPECTION AND TESTING LABORATORY SERVICES A. CONTRACTOR will employ an independent firm to perform inspection and testing. CONTRACTOR pays for all tests including required density testing, bacteriological testing, and concrete testing. B . The independent firm will perform inspections, tests, and other services specified in individual specification Sections and as required by the ENGINEER. C. Reports will be submitted by the independent firm to the ENGINEER, in duplicate, indicating observations and results of tests and indicating compliance or non- compliance with Contract Documents. D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage and assistance as requested. 1. Notify ENGINEER and independent firm 24 hours prior to expected time for operations requiring services. 2. Make arrangements with independent firm and pay for additional samples and tests required for CONTRACTOR's use. E. Retesting required because of non-conformance to specified requirements shall be performed by the same independent firm on instructions by the ENGINEER. The cost for retesting shall be the CONTRACTOR's responsibility. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01400-2 Page 2209 of 2350 Agenda Item #29. SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Temporary Utilities: Electricity, water, and sanitary facilities. 2. Temporary Controls: Barriers, enclosures and fencing, protection of the Work. 3. Construction Facilities: Parking, progress cleaning, and project signage. 1.02 RELATED SECTIONS A. Section 01700 - Contract Closeout: Final Cleaning. 1.03 TEMPORARY ELECTRICITY A. CONTRACTOR to provide portable power supply as required. B . Provide power outlets for construction operations, with branch wiring and distribution boxes located as needed. Provide flexible power cords as required. 1.04 TEMPORARY WATER SERVICE A. OWNER shall make temporary water service available through use of a hydrant meter. CONTRACTOR to provide means to transfer water from local hydrant or source to specific site where water is needed. 1.05 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities. 1.06 BARRIERS AND TRAFFIC CONTROL A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage due to construction operations and demolition. 01500-1 Page 2210 of 2350 Agenda Item #29. B. Provide protection for natural vegetation designated to remain. Replace protected vegetation, if damaged. C. Protect all landscaping and decorative vegetation. Restore damaged landscaping and vegetation to its original condition. D. Protect non -owned vehicular traffic, stored materials, site and structures from damage. E. Provide signs, signals, cones, barricades and trained flagmen to direct traffic in and around the construction site in accordance with Florida Department of Transportation Work Zone Traffic Control Standards. 1. Prepare a WORK ZONE TRAFFIC CONTROL PLAN and submit that plan to the appropriate officials in all municipalities and jurisdictions where the Work will impact the flow of traffic. 2. Obtain written approval of that plan from all municipalities and jurisdictions, and then provide copies of the plan and all approvals to the OWNER and ENGINEER prior to the start of construction. All approvals must be obtained prior to construction. 1.07 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for existing and installed Products. Control activity in immediate work area to minimize damage. C. Provide protective coverings as needed. D. Protect finished floors, stairs, roadways, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. 1.08 SECURITY A. Provide security and facilities to protect Work from unauthorized entry, vandalism, or theft. 1.09 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for 01500-2 Page 2211 of 2350 Agenda Item #29. unimpeded traffic flow. Coordinate interruptions in normal public vehicular traffic flow with those governmental agencies having authority over each roadway. 1.10 PARKING A. Provide temporary parking areas to accommodate construction personnel. B . Temporary parking areas must not interfere with normal traffic flow or designated parking for others. C. Temporary parking areas must be approved by the ENGINEER and OWNER. 1.11 PROGRESS CLEANING A. Maintain all construction areas free of waste materials, debris, and rubbish. Maintain all sites in a clean and orderly condition. B . Broom and vacuum clean areas prior to start of surface finishing, and continue cleaning to eliminate dust. C. Remove waste materials, debris, and rubbish from site daily and dispose of at approved location. D. Always keep roadways, sidewalks and bicycle paths clear of construction debris and trash. E. Provide positive methods and apply dust control materials to minimize raising dust from construction operations, and provide positive means to prevent air -borne dust from dispersing into the atmosphere. CONTRACTOR shall immediately mitigate dust upon complaint. 1.12 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Application for payment inspection. B. Remove temporary underground installations to a minimum depth of three (3) feet. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to pre -construction conditions or better. 01500-3 Page 2212 of 2350 Agenda Item #29. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01500-4 Page 2213 of 2350 Agenda Item #29. SECTION 01600 MATERIAL AND EQUIPMENT PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: l . Products. 2. Transportation and handling. 3. Storage and protection. 4. Product options. 5. Substitutions. 1.02 RELATED SECTIONS A. Instructions to Bidders: Product options and substitution procedures. B. Section 01400 -Quality Control: Product Quality Monitoring. 1.03 PRODUCTS A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components required for reuse. B. Do not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents. 1.04 TRANSPORTATION AND HANDLING A. Transport and handle Products in accordance with manufacturer's instructions. B. Promptly inspect shipments to assure that Products comply with requirements, quantities are correct, and Products are undamaged. C. Provide equipment and personnel to handle Products by methods which prevent soiling, disfigurement, or damage. 01600-1 Page 2214 of 2350 Agenda Item #29. 1.05 STORAGE AND PROTECTION A. Store and protect Products in accordance with O`vNER's and manufacturer's instructions, with seals and labels intact and legible. Store sensitive Products in weather -tight, climate -controlled enclosures. B. For exterior storage of fabricated Products, place on secure supports, above ground. C. Provide off -site storage and protection when site does not permit on -site storage or protection. On -site storage of products must be approved by the OWNER and ENGINEER prior to delivery. D. Cover Products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation. E. Store loose granular materials on solid flat surfaces in a well -drained area. Prevent mixing with foreign matter. F. Arrange storage of Products to permit access for inspection. Periodically inspect to assure Products are undamaged and are maintained under specified conditions. 1.06 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 1.07 SUBSTITUTIONS A. Instructions to Bidders specify time restrictions for submitting requests for Substitutions during the bidding period to requirements specified in this Section. B. Substitutions may be considered when a Product becomes unavailable through no fault of the CONTRACTOR. C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents. It is the burned of the CONTRACTOR to prove that the substitution is equal to or better than the specified product. D. A request constitutes a representation that the Bidder: 01600-2 Page 2215 of 2350 Agenda Item #29. 1. Has investigated proposed Product and determined that it meets or exceeds the quality level of the specified Product. 2. Will provide the same warranty for the Substitution as for the specified Product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to OWNER. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse OWNER for review or redesign services associated with re - approval by the ENGINEER or governing authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit three (3) copies of request for Substitution for consideration. Limit each request to one (1) Proposed Substitution. 2. Submit shop drawings, Product data, and certified test results attesting to the proposed Product equivalence. G. The ENGINEER will notify CONTRACTOR, in writing, of decision to accept or reject request. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01600-3 Page 2216 of 2350 Agenda Item #29. SECTION 01700 CONTRACT CLOSEOUT PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Closeout Procedures. 2. Final Cleaning. 3. Adjusting. 4. Warranties. 1.02 RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls. 1.03 CLOSEOUT PROCEDURES A. Submit written certification that Contract Documents have been reviewed, Work - has been inspected, and that Work is complete in accordance with Contract Documents and ready for ENGINEER's inspection. B . Provide submittals to ENGINEER that are required by governing or other authorities. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. D. Submit final record drawings in accordance with Section 01720 —Record Documents (two [2] sets signed and sealed by the Surveyor, two [2] copies on CD in AutoCAD 2000 format or later, and one [ I] copy on CD in pdf format). In addition, the CONTRACTOR is to provide the required number of sets of signed and sealed Record Drawings in order to assist the ENGINEER in closing out all necessary permits. 1.04 FINAL CLEANING A. Execute final cleaning prior to final inspection by OWNER and ENGINEER. 01700-1 Page 2217 of 2350 Agenda Item #29. B . Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces. C. Clean equipment and fixtures to a sanitary condition. D. Clean site; rake clean landscaped surfaces. E. Remove waste and surplus materials, rubbish, excess dust from roads and sidewalks, and construction facilities from the site. 1.05 ADJUSTING A. Adjust operating Products and equipment to ensure smooth and unhindered operation. 1.06 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers. C. Provide Table of Contents and assemble in binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. F. Provide operation and maintenance documentation. G. CONTRACTOR shall attend a One -Year Warranty walkthrough and resolve any issues at his own expense. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01700-2 Page 2218 of 2350 Agenda Item #29. SECTION 01720 RECORD DOCUMENTS PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: l . On -site maintenance of Record Documents. 2. Required record information. 1.02 MAINTENANCE A. Maintain on site, one (1) set of the following Record Documents; record actual revisions to the Work: l . 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 for the partially completed work must be furnished to the ENGINEER prior to submitting for periodic progress payments on the partially completed Work. E. Under no circumstances will pavement restoration Work be allowed to start until the ENGINEER has reviewed the Record Drawing information for Work constructed within the area that pavement or concrete will be restored. F. All Record Drawing information must be obtained by a Professional Land Surveyor, who is licensed in the State of Florida. Information must be signed and sealed. 01720-1 Page 2219 of 2350 Agenda Item #29. 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, at each partial pay request, prior to testing, and prior to application for final payment. 1.03 REQUIRED RECORD DRAWING INFORMATION A. General 1. Label drawings "Record Drawings" with date. 2. Complete title block with current file name. 3. Location sketch. 4. Two (2) signed and sealed sets of Record Drawings. 5. Two (2) digital copies of Record Drawings in AutoCAD 2000 format or later and one (1) copy, in PDF format, on CD. 6. Additional copies as required for permitting closeout as requested by the ENGINEER. 7. Final Record Drawings to show only what was installed, not proposed facilities. B . Pipe 1. As -built entire facility from existing tie—in to existing tie-in as determined by the OWNER. Extensions of an imaginary line will not be acceptable as reference points. 2. Stationing or Northing / Easting of each valve, fitting, air release valve, service line, utility crossing, etc. and radial dimensions from a nearby permanent object where possible. 3. Type of materials installed -pipe and appurtenances. Indicate all locations of change of material including joint type (M.J., slip, restrained). 4. Valve type (plug, butterfly, gate, air release, etc.) and size. 5. As -built elevations at tie-in locations and any major changes in direction and/or elevation or at a maximum spacing of 100 feet. Elevations shown at 01720-2 Page 2220 of 2350 Agenda Item #29. these intervals and changes must show top of pipe elevation and finished grade elevation at that location. C. Record drawings must meet the minimum standard of the Village of Tequesta and all other permitting agency requirements. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.01 SURVEYOR RESPONSIBILITIES A. Signed and sealed prints are to be submitted for each pay requisition and appropriate stages of construction as designated by the ENGINEER. B . Mark information on the Drawing 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 procedure 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. C. Each Record Drawing sheet must include the surveyor's name, company, address, and registration number. D. Prior to the conclusion of the Project, CONTRACTOR shall submit the required number of signed and sealed copies of the Record Drawings to the ENGINEER for the purpose of closing out all of the outstanding permits. E. At the conclusion of the Project, and after acceptance of the Record Drawings by the OWNER and the ENGINEER, submit two (2) final sets of signed and sealed prints to the ENGINEER for permanent record keeping, along with two (2) digital copies of the Record Drawings on CD in AutoCAD 2000 format or later and one (1) copy in PDF format on CD. In addition, the CONTRACTOR shall provide the required number of copies to the ENGINEER to assist in the closing out of all necessary permits. END OF SECTION 01720-3 Page 2221 of 2350 Agenda Item #29. SECTION 01750 GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: l . Preservation of Property. 2. Siltation and Bank Erosion. 3. Utility Construction and Adjustment. 4. CONTRACTOR's Responsibility. 5. Use of Chemicals. 6. Progress of Work. 7. OSHA. 8. Utilities and Structures Shown on the Plans. 9. Drainage. 10. Restoration of Surface Improvements. 11. Hours of Operation. 1.02 PRESERVATION OF PROPERTY A. Preserve from damage all property (including sidewalks, roadways, landscaping, etc.) along the line of the work, or which is in the vicinity of or is in any way affected by the work, the removal or destruction of which is not called for by the plans. B. Wherever such property is damaged due to the activities of the CONTRACTOR, it shall be immediately restored to its original condition by the CONTRACTOR at no cost to the OWNER. 01750-1 Page 2222 of 2350 Agenda Item #29. C. In case of failure on the part of the CONTRACTOR to restore such property, or make good such damage or injury, the OWNER may, after 48 hours' notice to the CONTRACTOR, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the CONTRACTOR under this contract. 1.03 SILTATION AND BANK EROSION A. Take adequate precautions to minimize siltation and bank erosion in the vicinity of canals or ditches, in discharging well point systems or during other construction activities. B. If well pointing, the CONTRACTOR shall notify the South Florida Water Management District as applicable and procure any necessary permits. 1.04 UTILITY CONSTRUCTION AND ADJUSTMENT A. Bid items for liner systems, pump stations, drainage structures, and appurtenances are for new work only. B. Prices bid for these items shall include all work incidental thereto, such as pavement repair, existing pond lining repair, sodding, landscape and irrigation repair, and all other required restoration work unless otherwise called for. C. Where it is necessary to relocate, lower or otherwise adjust existing mains and appurtenances as may be required to accomplish the new pipeline construction. The cost of work shall be included in the unit prices or lump sum bid for such new pipeline. 1.05 CONTRACTOR'S RESPONSIBILITY A. The CONTRACTOR shall be held strictly responsible for all parts of the work. B. If failures in the Work develop within one year from the date of final acceptance, the CONTRACTOR shall be required to replace all faulty material at his full expense. A one-year warranty walkthrough shall be attended by the CONTRACTOR with the ENGINEER and OWNER. C. The CONTRACTOR is advised to purchase material under a guarantee from the manufacturer, guaranteeing proper service under conditions that are established by the drawings, specifications and local conditions. D. The CONTRACTOR shall also be responsible for the following: 01750-2 Page 2223 of 2350 Agenda Item #29. 1. Charges by others for assistance to the CONTRACTOR for such work as supporting, replacing, moving or providing protection for their facilities as necessitated by the CONTRACTOR's operation. 2. All costs of restoration of the work site to condition equal or better than prior to construction, including landscaping and irrigation systems. 3. All costs of restoration of pavements and structures damaged by the CONTRACTOR's operation. Likewise the CONTRACTOR shall pay all costs of restoring all work areas and all areas where construction materials are stored, whether new materials to be installed or materials removed from the work area incidental to the work solely to the satisfaction of the 0 WNF,R _ E. All public liability, property damage and contractual liability insurance required by others to permit the CONTRACTOR's operation. F. Obtaining and paying for any dewatering permits or construction permits needed from local permitting authorities, including but not limited to NDPES permits, South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT), Village of Tequesta, and Palm Beach County. 1.06 USE OF CHEMICALS A. Any chemical used by the CONTRACTOR during the course of construction shall have prior approval of either the Environmental Protection Agency (EPA) or the United States Department of Agriculture (USDA) and meet NSF 60 and NSF 61. 1.07 PROGRESS OF WORK A. If at any time, the materials and appliances to be used appear to the ENGINEER as insufficient or improper for securing the quality of work or rate of progress required for the project, he may order the CONTRACTOR to increase his efficiency or improve the character of work. B . The failure of the ENGINEER to demand any increase of such efficiency or improvement shall not release the CONTRACTOR from his obligation to secure the quality of work or the rate of progress necessary to complete the work within the limits imposed by the Contract. 1.08 OSHA A. Bidders must comply with the Department of Labor (DOL), Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-956) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54). 01750-3 Page 2224 of 2350 Agenda Item #29. 1.09 UTILITIES AND STRUCTURES SHOWN ON THE PLANS A. Existing utilities and facilities are shown on the contract drawings only for the convenience of all parties concerned and were established without guarantee as to their accuracy or completeness of location. B. Because of conflicting and sometimes erroneous information, certain facilities may not be located precisely as shown, or may be omitted entirely. C. Prior to performing any work, the CONTRACTOR shall determine, by site inspection or otherwise, all pertinent data concerning the existing utilities, structures, and facilities, including the request of each utility agency to advise him of the location of their facilities in the work vicinity. D. The CONTRACTOR shall be completely responsible for the relocation, as required, of existing utilities and structures with such work accomplished at no additional cost to the OWNER. E. The OWNER and ENGINEER will assume no liability for damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of the existing utilities or structures. F. The CONTRACTOR shall schedule his work in such a manner that he is not delayed by the utility companies relocating or supporting their utilities. No compensation shall be made for such loss of time. G. The position of certain structures and utilities directly affects the proposed construction. Therefore, in order to ensure that the proposed work can actually be positioned as planned, the CONTRACTOR shall make any excavation necessary for location of structures and utilities prior to construction of that particular portion of the j ob. H. All overhead, surface or underground structures encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement, and all damage to such structures is to be completely repaired within a reasonable time; otherwise, the ENGINEER may give 24 hours' notice to the CONTRACTOR, then repair the damage at the CONTRACTOR's expense. I. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the ENGINEER; all damaged pipes must be replaced or prevented from leaking. Also, all such repairs are to be inspected by the ENGINEER prior to backfilling. The CONTRACTOR must carefully protect from disturbance or injury, all monuments, stakes and benchmarks, and shall not excavate nearer than five (5) feet to any of them until they have been removed, witnessed or otherwise disposed of by the ENGINEER. 01750-4 Page 2225 of 2350 Agenda Item #29. 1.10 DRAINAGE A. Grading shall be controlled in the vicinity of excavations so that the surface of the ground will be properly sloped to prevent water from running into trenches or other excavated areas. B. Any water that accumulates in the excavations shall be removed promptly by well point or by other means satisfactory to the ENGINEER in such a manner as to not create a nuisance to adjacent property or public thoroughfare. C. Trenches shall be kept dry while pipe is being laid. Bridging of dewatering pipe shall be provided where necessary. D. Pumps and engines for well point systems shall be operated with mufflers, at a minimum noise level suitable to a residential area. E. The CONTRACTOR will not be allowed to discharge water into any storm drainage system without the written approval of the OWNER of that system. F. Approval will be subject to the conditions that the storm sewer be returned to its original conditions. G. The CONTRACTOR is responsible for carrying the water to the nearest ditch or body of water and for obtaining the necessary permission to use same. H. The CONTRACTOR shall be financially responsible for any nuisance or damage created due to carrying off water from his drainage system. I. Protect drainage structure inlets from siltation or erosion runoff at all times. J. CONTRACTOR shall strictly adhere to all applicable requirements of the NPDES permit and ensure that construction activities will not adversely affect receiving waters. 1.11 RESTORATION OF SURFACE IMPROVEMENTS A. Roadways, including shoulders, alleys and driveways of shell, limerock, asphalt, concrete, stabilized soil or gravel, grade plots, sod, shrubbery, ornamental trees, signs, mailboxes, fences, irrigation systems, or other surface improvements on public or private property which have been damaged or removed in excavating or other construction operations, shall be restored to conditions equal to or better than conditions existing prior to beginning work. B. CONTRACTOR is urged to investigate existing irrigation systems in order to minimize repair work necessary. No extra costs will be paid as a result of damage to existing irrigation systems. 01750-5 Page 2226 of 2350 Agenda Item #29. C. The cost of doing this work shall be included in the cost of the various applicable items or the lump sum bid amount unless a separate payment item has been established for specific restoration Work. D. Pre -Construction Audio Video DVDs - as specified will be used as an aid in determining conditions prior to construction. 1.12 HOURS OF OPERATION A. The CONTRACTOR is hereby informed and understands that certain noise between the hours of 6:00 PM and 8:00 AM is restricted. Therefore, the work is restricted during these hours, unless emergency conditions exist that are endangering life or property, as may be determined by the ENGINEER. B. If the CONTRACTOR is authorized to operate equipment 24 hours per day, the engines shall be provided with residential type silencers approved by the ENGINEER. C. The CONTRACTOR will not be authorized to work Saturdays, Sundays or holidays unless the CONTRACTOR agrees to reimburse the OWNER for all expenses incurred and provided that such work is approved prior to the commencement of weekend work. D. The CONTRACTOR's operations and times may be further restricted by the Village of Tequesta. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION NOT USED END OF SECTION 01750-6 Page 2227 of 2350 DIVISION 2 SITEWORK Agenda Item #29. SECTION 02000 UTILITY CONSTRUCTION PART 1 - GENERAL 1.01 WORK INCLUDED A. This specification governs the construction of all Village of Tequesta (VOT) potable water mains, water services, and all appurtenant devices associated therewith. 1.02 VILLAGE OF TEQUESTA MINIMUM CONSTRUCTION STANDARDS A. Construction of the facilities identified herein will also be in accordance with the applicable portions of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, Latest Edition, all referenced specifications, and the ENGINEER's Project Manual. B. In the event of a conflict between any governing specifications, the more stringent requirement shall govern construction of this project. 1.03 RESTORATION A. Full and complete restoration of all existing facilities will be accomplished to the sole satisfaction of the OWNER without additional compensation to the CONTRACTOR. The cost of all restoration will be included in the lump sum or unit bid price and no separate payment item for restoration will be established in the schedule of values developed subsequent to bidding. PART 2 - MATERIALS 2.01 GENERAL A. All construction materials shall comply with the requirements outlined therein. The Contract Documents shall govern unless a more stringent standard is required by other permitting agencies. PART 3 - EXECUTION 3.01 CONSTRUCTION A. All phases of construction, including but not limited to, trenching, pipe laying, backfilling, pipeline flushing, and surface restoration shall comply with the 02000-1 Page 2229 of 2350 Agenda Item #29. requirements of Part 1.02 as noted in this Section. B. Pipeline backfill not beneath paved surfaces shall be compacted to a minimum density of 98 percent of AASHTO T-180 or as required by governmental agencies having jurisdiction over the Work. 3.02 TESTING A. All testing, including but not limited to, trench earthwork density testing, and pipeline pressure testing shall comply with the requirements of this specification, "FDOT Standard Specifications for Road and Bridge Construction", Latest Edition, and the FDEP. B. Backfill density test locations will be examined in accordance with the requirements listed on the trenching details shown on the ENGINEERING drawings. C. ENGINEER must approve the CONTRACTOR's testing laboratory at least 60 days prior to the start of any testing. D. CONTRACTOR will pay for all tests in accordance with the project specifications. E. Retesting locations around all failing tests will be located at the original test location. F. Retest only after re -compaction of a failing test area. G. Hydrostatic Testing 1. All pressure mains must be subject to a pressure and leakage test of at least two (2) hours in duration and witnessed by the ENGINEER and OWNER. 2. Test mains after the pipe and fittings are properly restrained and after the main is backfilled and compacted. 3. The amount of water required for hydrostatic testing will be available to the CONTRACTOR from VOT water sources. The CONTRACTOR shall provide means of transporting the water to the testing site. 4. Thorough pigging and flushing of the pipeline is required prior to testing. Coordinate the details of pipeline pigging and flushing with the VOT. 5. The length of pipe to be tested at one time shall be valve to valve on ductile iron pipe. Each directional drill shall be independently tested. The length of pipe to be tested at one time must not exceed 1,500 feet without approval. 02000-2 Page 2230 of 2350 Agenda Item #29. 6. Before applying the specified test pressure, expel air completely from the pipe, valves and appurtenances. 7. Subject pipelines to a gauge pressure of 150 psi using a new, contractor - supplied pressure gauge. The pressure must not vary by more than five (5) psi for the duration of the test. 8. Inspect the line being tested. Stop all visible leaks including damp spots by using an approved method regardless of the leakage test results. 9. Maximum leakage allowed is for direct bury pipe only. No leakage will be allowed on pipes that are directional drilled. 10. If leakage or pressure loss is at a rate in excess of that allowed, the CONTRACTOR must tighten the joints or replace the defective Work until the leakage and/or pressure loss is reduced to within the allowable amount. 11. All visible leakage must be repaired. 12. Where it is not feasible to pressure test a connection to existing piping at the specified pressure then CONTRACTOR shall pressurize the connection to existing system pressure and inspect for visible leaks. 13. Record drawings for sections of line being tested must be reviewed and accepted prior to CONTRACTOR requesting test. CONTRACTOR must complete a passing pressure test prior to requesting the OWNER and ENGINEER to witness an official pressure test. 3.03 WARRANTY/PROJECT DOCUMENTATION A. All warranties and project documentation, including but not limited to record drawings and payment applications, shall comply with the requirements of this specification. 3.04 COORDINATION A. All coordination of construction shall primarily occur between the CONTRACTOR and the ENGINEER. The ENGINEER of Record for design of this construction project is HOLTZ CONSULTING ENGINEERS, Inc. The ENGINEER will aid the OWNER in evaluation of technical questions, coordination of the work, resolution of technical and payment disputes, and regulatory certification of the project. The ENGINEER's direct representative on this project will be: Stephen Fowler, P.E. (561) 575-2005 B . The Utilities to coordinate with are, at a minimum: 02000-3 Page 2231 of 2350 Agenda Item #29. 1. Florida Power and Light. 2. Comcast Cable. 3. AT&T. 4. Florida Gas. 5. Loxahatchee River District. 6. Other applicable utilities. 3.05 PERMITS A. The OWNER and ENGINEER will obtain construction permits from FDEP/Department of Health where applicable. If applicable, license agreements and easements for construction on public and private property will also be obtained by the OWNER and ENGINEER. B. The CONTRACTOR will obtain and pay for any dewatering, NPDES, building or other permits necessary to perform the Work, except as identified above. END OF SECTION 02000-4 Page 2232 of 2350 Agenda Item #29. SECTION 02140 DEWATERING PART 1 - GENERAL 1.01 SECTION INCLUDES A. Dewatering methods for utility and structural installation. 1.02 RELATED SECTIONS A. All of Division 1. B. Division 2 -Pipe and Structures (As Applicable). 1.03 PAYMENT A. Unless noted otherwise on the Bid Form, no separate payment will be made for Work covered under this Section. All costs in connection therewith or incidental thereto are to be included in the respective Contract price for the item or structure to which the Work pertains. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.01 PUMPING AND DRAINAGE A. The CONTRACTOR shall be responsible for determining all dewatering requirements and governmental regulations prior to commencement of work including, but not limited to, methods of drainage, removal of water, disposal of water and permitting. B. The CONTRACTOR shall bear all costs associated with dewatering including costs of damage to property caused by dewatering. C. The CONTRACTOR shall provide and maintain all necessary facilities and equipment to remove all water entering excavations and shall keep such excavations dry so as to obtain a satisfactory undisturbed subgrade foundation condition until the fills, structures or pipes to be built thereon have been completed to such extent that 02140-1 Page 2233 of 2350 Agenda Item #29. they will not float or otherwise be damaged by allowing water levels to return to natural levels. D. Dewatering shall be conducted by a well point type system and in such a manner as to preserve the undisturbed bearing capacity of the subgrade soils at proposed bottom of excavation and to preserve the integrity of adjacent structures. Well point system installation shall be constructed with proper sand filters to prevent drawing of finer grained soil from the surrounding ground. Sump installation, over excavation of trenches, and rocking shall not be allowed as a method of dewatering. E. Water entering the excavation from surface runoff shall be collected in shallow ditches around the perimeter of the excavation, drained to sumps, and pumped from the excavation to maintain a bottom free from standing water. F. The CONTRACTOR shall take all additional precautions to prevent uplift of any structure during construction. G. The conveying of water in open ditches or trenches will not be allowed. Permission to use any storm sewers, or drains, for water disposal purposes shall be obtained from the authority having jurisdiction. Any requirements and costs for such use shall be the responsibility of the CONTRACTOR. However, the CONTRACTOR shall not cause flooding by overloading or blocking up the flow in the drainage facilities, and shall leave the facilities unrestricted and as clean as originally found. Any damage to facilities shall be repaired or restored as directed by the OWNER or the authority having jurisdiction, at no cost to the OWNER. H. Flotation shall be prevented by the CONTRACTOR by maintaining a positive and continuous operation of the dewatering system. The CONTRACTOR shall be fully responsible and liable for all damages, which may result from failure of this system. I. Removal of dewatering equipment shall be accomplished after the system is no longer required; the material and equipment constituting the system shall be removed by the CONTRACTOR. Well point holes shall be filled with a suitable material. J. The CONTRACTOR shall take all necessary precautions to preclude the accidental discharge of fuel, oil, etc., in order to prevent adverse effects on groundwater quality. K. CONTRACTOR shall provide for and be responsible for the prevention, control and abatement of erosion and water pollution until completion of the Proj ect. CONTRACTOR shall provide all temporary erosion control features necessary to prevent, control and abate erosion and water pollution. During the construction of the project, the CONTRACTOR shall comply with the Water Quality Standards of the State of Florida and applicable provisions of any NPDES permits in effect. 02140-2 Page 2234 of 2350 Agenda Item #29. 3.02 DEWATERING PERMITS A. The CONTRACTOR shall be responsible for obtaining all necessary dewatering permits and for paying all associated application and permit fees. END OF SECTION 02140-3 Page 2235 of 2350 Agenda Item #29. SECTION 02210 GRADING PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities unless otherwise indicated, for the following: 1. Finish grading of subsoil. 2. Placing, leveling and compacting topsoil. 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02936 — Sodding. 1.03 PROTECTION A. Protect landscaping and other features remaining as final work. B. Protect existing structures, utility poles, fences, roads, paving, curbs, sidewalks, etc. PART 2 - PRODUCTS 2.01 MATERIALS A. Reused top soil or subsoil organically enhanced with appropriate compost material shall be used to perform all final grading operations in preparation for establishment of a live and healthy grass cover. PART 3 - EXECUTION 3.01 INSPECTION A. Verify site conditions and note irregularities affecting work of this Section. 02210-1 Page 2236 of 2350 Agenda Item #29. 3.02 SUBSOIL PREPARATION AND COMPACTION A. Eliminate uneven areas and low spots. B. Remove debris, roots, branches, stones, in excess of 1/2-inch in size and dispose of at an approved site. C. Place and compact needed fill in lifts having a maximum unconsolidated thickness of twelve (12) inches. D. Compact fill to 98% of maximum density as determined by AASHTO Method T- 180 using mechanical tamping equipment. Use a minimum amount of water to adjust fill moisture content if necessary. E. Restore the surface to the original grade wherever settlement occurs. 3.03 PLACING TOPSOIL A. Place topsoil in areas where seeding, sodding, planting is scheduled. B. Use topsoil in relatively dry state. Place during dry weather. C. Fine grade topsoil eliminating rough or low areas. Maintain levels, profiles, and contours of subgrade. D. Remove stone, roots, grass, weeds, debris, and foreign material while spreading. E. Manually spread topsoil around trees and plants to prevent damage. F. Lightly compact roll placed topsoil. G. Remove surplus subsoil and topsoil from site. H. Leave stockpile area and site clean and ready to receive landscaping. I. Top soil to match existing depth, or two inches, whichever is greater. 3.04 TOLERANCES A. Top of topsoil: Plus or minus 1/2-inch. 02210-2 Page 2237 of 2350 Agenda Item #29. 3.05 SCHEDULE OF LOCATION A. The following identifies compacted topsoil thicknesses for various locations. 1. Sod: 2 inches END OF SECTION 02210- 3 Page 2238 of 2350 Agenda Item #29. SECTION 02225 TRENCHING, BEDDING AND BACKFILL FOR PIPE PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities unless otherwise indicated, for the following: l . Trench excavation. 2. Pipe bedding. 3. Trench Backfill. 4. Backfill testing. 5. Measurement and Payment. 6. Reference standards. 1.02 RELATED WORK A. All of Division 1. B. Section 02660: Pipe and Fittings -General. C. Appendices, as necessary. 1.03 MEASUREMENT AND PAYMENT A. No separate bid item for measurement and payment. B. Include trenching, bedding, backfilling, all necessary restoration, pressure, bacteriological and density testing costs under pipe installation unit costs. 1.04 REFERENCE STANDARDS A. Conform to the requirements of the Standards published by the following organizations. The version of each Standard in effect as of the date of the bid opening shall govern unless otherwise noted. 1. American Water Works Association (AWWA). 02225-1 Page 2239 of 2350 Agenda Item #29. 2. American Association of State Highway and Transportation Officials (AASHTO). 3. American Institute of Steel Construction (AISC). 4. American National Standards Institute, Inc. (ANSI). 5. American Concrete Institute (ACI). 6. American Welding Society (AWS). B. Where no standards are specified, utilize good quality material and perform workmanship in accordance with the best trade practices. PART 2 - PRODUCTS 2.01 TRENCH BACKFILL A. Use excavated or borrowed soil materials that are free of rock or gravel larger than two (2) inches in diameter and free of twigs, roots, or other vegetation/foreign matter. B. Use backfill soil that is also non -organic in nature (i.e. peat, muck are unsatisfactory) and is no more than 20 percent by weight liner than No. 200 mesh sieve. 2.02 ROCK BEDDING A. Use 3/8-inch to 3/4-inches washed and graded gravel having 99% passing a 3/4-inch sieve and 80 percent retained on a No. 8 sieve. PART 3 - EXECUTION 3.01 CLEARING A. Clear pipe corridor of shrubs, trees and other foreign material prior to beginning excavation. B. Dispose of clearing debris at a properly permitted landfill. C. If a nutrient -rich topsoil layer exists, strip the topsoil and store in piles for reuse. 02225-2 Page 2240 of 2350 Agenda Item #29. 3.02 TRENCHING A. Locate all existing utilities before trenching. B. Install suitable barriers between the work area and vehicle/pedestrian travel lanes before trenching. Barriers must control vehicular/pedestrian work area access. C. Excavate trenches as specified on the engineering drawings. D. Completely remove all muck, peat or other incompressible/organic soils (unsuitable soils) that occur along the pipeline route. 1. Minimum unsuitable soil removal limits are: a. Vertical - from existing ground to surface of acceptable soil layer. b. Horizontal - from both sides of the pipe centerline to a distance equal to the vertical removal depth plus the pipe diameter plus one foot. C. The CONTRACTOR shall determine if the minimum removal limits noted herein are sufficient to properly construct the Work. 2. Backfill areas where unsuitable soil has been removed with acceptable soil or rock bedding to the design pipe invert elevation. a. Compact suitable soil backfill to 98 percent of maximum density as determined by AASHTO method T-180. b. Place and compact unsuitable soil backfill in lifts having a maximum unconsolidated thickness of 12 inches. C. Obtain a backfill testing schedule from the ENGINEER prior to beginning backfill. This schedule will only apply to backfill placed below the pipe invert due to removal of unsuitable soil. E. Excavate rock to four (4) inches below the design pipe invert. 1. No additional payment will be made for rock excavation unless the total quantity of rock excavation exceeds 50 cubic yards and the rock is present in a large continuous unfractured mass. 2. Concrete, asphalt and other demolition of man-made materials is not classified as rock excavation. 3. Backfill after rock removal. 02225-3 Page 2241 of 2350 Agenda Item #29. 3.03 BEDDING A. Bed pipe as specified on the engineering drawings. Excavate for pipe bells as noted. Pipe shall be uniformly supported by the trench bottom prior to backfill. B. All pipe bedding shall be performed in a dry trench unless the bedding is part of a subaqueous installation. C. Trenching shall not exceed pipe installation by more than 200 linear feet. 3.04 BACKFILL A. General 1. Backfill trench immediately after the pipe is laid unless other protection for the pipeline is provided. 2. Backfill material shall be solidly tamped around the pipes in layers not to exceed six (6) inches to a level at least one (1) foot above the top of the pipe. 3. Test backfill compaction at each full 12 inches of compacted backfill over the pipe. 4. Test backfill at each station. Two (2) tests are required at each station. The ENGINEER reserves the right to change the testing interval but not the total number of tests. Retesting because of failed tests is not limited. B . Unpaved Areas 1. Place and compact backfill in lifts having a maximum unconsolidated thickness of 12 inches. 2. Compact backfill to 98 percent of maximum density as determined by AASHTO Method T-180 using mechanical tamping equipment. Use a minimum amount of water to adjust backfill moisture content if necessary. 3. Restore the surface to the original grade wherever settlement occurs. C. Paved Area (Including Driveways) 1. Place and compact backfill in lifts having a maximum unconsolidated thickness of eight (8) inches. 2. Compact backfill to 98 percent of maximum density as determined by 02225-4 Page 2242 of 2350 Agenda Item #29. AASHTO Method T-180 using hand or mechanical tampers. 3. The top 12 inches of backfill (subgrade) shall be stabilized to LBR 40 and then compacted per 3.04.C.2. 4. When backfilling is completed, tested and approved, the roadway base for pavement replacement may be placed immediately. 5. Restore the surface to the original grade wherever settlement occurs. 3.05 TESTING A. Testing shall be performed by a certified testing laboratory (at the CONTRACTOR'S expense) approved by the OWNER. B. Pay for all backfill testing and any required backfill retesting. C. Retesting locations around all failing tests will be located fifty (50) feet on both sides of each failing test and at the original failing test location. D. Retest only after recompaction of a failing test area. END OF SECTION 02225-5 Page 2243 of 2350 Agenda Item #29. SECTION 02270 EROSION, SEDIMENTATION AND DUST CONTROL PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. Work consists of control measures as required during the life of the Contract to control erosion, sedimentation and dust. B. The CONTRACTOR shall establish, construct and maintain erosion and sediment control measures. The erosion control programs shall be maintained during the entire period of construction, including any extensions in Contract time. C. Temporary erosion and pollution control shall include construction work off -site where such work is necessary as a result of borrow pit operations, haul roads or equipment storage sites, etc. D. Preparation of the Stormwater Pollution Prevention Plan (SWPPP), including modifications and updates. E. Obtain and comply with all provisions of the State of Florida, Department of Environmental Protection, Permit for Stormwater Discharge from Large and Small Construction Activities (NPDES Construction Site Permit Program). 1.02 REFERENCES A. Rule 62-40.432, F.A.C. B. Erosion and Sediment Control Designer and Review Manual, prepared for FDOT and FDEP, July 2013 or latest update. C. 40 CFR Part 122. D. Chapter 403.0885, F.S. E. State of Florida Department of Environmental Protection Generic permit for Stormwater Discharge from Large and Small Construction Activities — Notice of Termination of Generic Permit Coverage immediately following this section. 02270-1 Page 2244 of 2350 Agenda Item #29. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.01 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER POLLUTION A. All work shall be in accordance with the requirements of the State of Florida Department of Environmental Protection under Chapter 62-621, F.A.C. or Chapter 62-6201 F.A.C. B. The CONTRACTOR shall provide for and be responsible for the prevention, control and abatement of erosion and water pollution until completion and acceptance of the Project. The CONTRACTOR shall provide all temporary erosion control features necessary to prevent, control and abate erosion and water pollution, and shall prepare and submit as the operator and permittee, along with the applicable application fee, the "Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (NOI) prior to commencing construction and the "Notice of Termination" (NOT) upon final completion of construction. The CONTRACTOR, as required by the NPDES permit program, shall prepare a stormwater pollution prevention plan (SWPPP). This SWPPP shall be modified and updated by the CONTRACTOR as necessary, to meet the requirements of the NPDES permit issued, at no additional cost to the OWNER. The CONTRACTOR shall also comply with the inspections, maintenance, reporting and all other provisions of the NPDES permitting program, and the cost for the compliance with this program is to be included in the CONTRACTOR bid price for the work. C. During the construction of the Project, the CONTRACTOR shall comply with the Water Quality Standards of the EPA and the State of Florida. D. The CONTRACTOR shall meet and be responsible for the requirements of all applicable governing agencies regarding prevention, control and abatement of erosion and water pollution. 3.02 DAMAGE TO WATER DETENTION AND DRAINAGE AREAS A. The CONTRACTOR shall be responsible for the prevention of damage to detention ponds, holding areas, drainage canals or natural waterways, and wetlands (both on and off site). B. The CONTRACTOR shall act as directed to correct said damage as quickly as possible and take necessary steps to prevent future damage. The CONTRACTOR shall notify the ENGINEER of said damage. 02270-2 Page 2245 of 2350 Agenda Item #29. C. The cost of correction of damage shall be at no cost to the OWNER or his agents. 3.03 DUST CONTROL A. The CONTRACTOR shall exercise precautionary measures to minimize dust emissions as necessary, which may include, but shall not be limited to, periodic sprinkling or wetting of the site, and shall modify measures to be implemented, as necessary, to satisfy jurisdictional agency requirements including but not limited to the Village of Tequesta at no additional expense to the OWNER. END OF SECTION 02270-3 Page 2246 of 2350 Agenda Item #29. SECTION 02320 TRENCHLESS INSTALLATION OF PRESSURE MAINS BY DIRECTIONAL BORING HORIZONTAL DIRECTIONAL DRILLING (HDD) PART 1 - GENERAL 1.01 SECTION DESCRIPTION A. This Section includes materials, performance and installation standards, and CONTRACTOR responsibilities associated with all labor, materials, equipment and incidentals required to install, complete, trenchless pressure mains via the horizontal directional drilling method, as shown on the Drawings and as specified herein. 1.02 EXPERIENCE A. The HDD CONTRACTOR shall demonstrate expertise in 14-inch diameter and larger trenchless pipe installation via horizontal directional drill methods by providing a listing of ten (10) projects where similar work has been performed in the last eight (8) years, totaling a minimum of 10,000 linear feet. The listing shall include a reference for each project with correct contact name, phone number and address, the CONTRACTOR's project manager and supervisor involved with the project, a description of the project, project location, OWNER's name and contact information, quantity, size, length, and type of pipe installed by HDD. Conventional trenching experience will not be considered applicable. B. HDD CONTRACTOR shall submit the names and resumes of all project managers and all field supervisors proposed to be involved with the project. All supervisory personnel must be adequately trained and shall have at least four (4) years of experience in directional boring. C. HDD CONTRACTOR shall submit an overview of the firm, including the number of offices, number of partners and professionals, number and type (city, county, district, private) of entities served by the CONTRACTOR, disciplinary actions or lawsuits proposed against the CONTRACTOR in the last three years and the current bonding capacity, name of surety company and telephone numbers. D. HDD CONTRACTOR shall demonstrate that the firm owns or has access to equipment capable to construct the project. E. Verify the HDD CONTRACTOR has never abandoned a project (even temporarily) during a dispute. 02320-1 Page 2247 of 2350 Agenda Item #29. F. Provide documentation of HDD CONTRACTOR's safety program and safety record. 1.03 SUBMITTALS A. Submit manufacturer's data for the pipe materials and pipe joining materials proposed for use. B . Submit an estimate of the anticipated pullback thrust and load that will be required to install the new pipe. The estimate shall include the calculated buoyant force or weight of the pipe and any proposed method for counter -weighting the pipe during pullback. C. Submit the directional boring equipment including the thrust and torque capacities. D. Submit locating equipment proposed for use, the method of locating to be used, and the proposed sequence and method of construction for approval by the ENGINEER in accordance with the plans and specifications. Include information on how the bore is to be steered, the information recorded, and the as -built provided. E. Submit the proposed tunnel size, proposed drilling fluid mix design and composition and MSDS, proposed viscosity, fluid quantities, delivery volume and pressure, method of soil / slurry separation, and proposed pre -ream procedures. F. Submit a drilling plan which shall include the planned drill bore path, the method for monitoring and controlling speed, line, grade and rate of fluids delivered. Include sequence, size and description of each reamer and final swabbing of bore path prior to pullback. G. Submit signed and sealed scaled plan and profile of proposed bore for each location. The plan shall show finished grade, entry and exit angle, deflection and radiuses of the pilot bore, all existing utilities with minimum vertical and horizontal clearances. The plan shall also address the location dimensions and layout of the drill rig and tanks and all other necessary equipment at the rig side, the proposed staging location and area needed for the piping and other components at the pullback end, the lengths of each bore based on soil condition, equipment used, topography, etc. The proposed vertical and horizontal clearances between the bored pipe and any existing / proposed conflicting pipes, conduits or obstructions shall exceed the guidance system accuracy tolerance by a minimum 100%. Give an estimate of time proposed to complete each bore. H. Submit an environmental protection plan and contingency plan in case of problems such as fluid loss or frac-out. I. The CONTRACTOR is required to bring to the attention of the ENGINEER any known design discrepancies with actual tunneling methods that the 02320-2 Page 2248 of 2350 Agenda Item #29. CONTRACTOR will be performing. This shall be stated in writing to the ENGINEER no later than the pre -construction meeting. J. Submit method of storing, transporting, and disposing of cuttings and drilling fluid. Methods shall not impact waterways or wetlands and shall be in accordance with all regulatory agencies. 1.04 REFERENCED SECTIONS A. Section 02661—High Density Polyethylene (HDPE) AWWA Pipe and Fittings PART 2 - PRODUCTS A. All pipes and fittings for the pipe installed via HDD method shall be HDPE. PART 3 - EXECUTION 3.01 INSTALLATION A. Installation shall be in a trenchless manner producing continuous bores. B. Steering of the bore shall be conducted with a walkover locating system (for general work), or a wireline guidance system (for subaqueous bores, bores requiring certified as-builts, or for bores where walkover locating is not practical or desirable, such as heavily traveled high-speed roadways). C. The directional boring CONTRACTOR shall submit certification, by a Professional Engineer or Professional Surveyor and Mapper licensed in the State of Florida, that the directional boring has been performed in accordance to the construction drawings, and provide signed and sealed certified record drawings of the installation. D. The boring shall be controlled as to depth and angle. The depth between the top elevation of the bore tunnel and the surface must be as shown on the Contract Drawings. Variance from the depth shall be submitted in writing by the CONTRACTOR and approved by the ENGINEER. E. Boring shall be conducted using a mechanical boring head, assisted by and cooled by a bentonite clay drilling slurry of low pressure and volume. Liquid clay type colloidal drilling fluid shall consist of at least 10 percent of high-grade, carefully processed bentonite to consolidate cuttings of the soil, to seal the walls of the hole, and to furnish lubrication for subsequent removal of cuttings. In addition, the clay fluid must be totally inert and contain no environmental risk. Material Safety Data Sheets (MSDS) must be provided and approved for all drilling slurry compounds. 02320-3 Page 2249 of 2350 Agenda Item #29. F. Mechanical, pneumatic, or water jetting methods will be considered unacceptable due to the possibility of surface subsidence. G. Backreaming shall be conducted to enlarge and prepare the bore tunnel for pipe installation. Final backreamed diameter of the tunnel shall be 1.5 times the outside diameter of the pipe or sleeve being installed. The number of prereams shall be appropriate to the fluid volume used, the carry ratio of the drilling fluid, and the makeup of the ground material. H. CONTRACTOR shall dispose of excess drilling slurry in a manner acceptable to the OWNER and ENGINEER. Drilling slurry shall not be introduced into sewers, storm drains, canals, or bodies of water. It shall be transported offsite and to a disposal site. Pits and work areas are to be restored to equal or better condition than pre -construction condition. Location of pits and work areas shall be approved, in advance, by the ENGINEER. Disposal sites for drilling slurry shall be approved for disposal of this material. CONTRACTOR shall submit disposal location information to the ENGINEER for the record. I. The pilot hole shall be drilled on bore paths with no deviations greater than 5 percent of depth over the length of the bore unless previously agreed to by the ENGINEER. In the event that pilot does deviate from the bore path more than 5 percent of depth over the length of the bore, CONTRACTOR will notify the ENGINEER who may require the CONTRACTOR to pull -back and re -drill from the location along bore path before the deviation. Upon completion of pilot hole phase of the operation, a complete set of "as -built" records shall be submitted in duplicate to the ENGINEER. These records shall include copies of the pilot bore path plan and profile record drawing, as well as directional survey reports as recorded during the drilling operation. Upon approval of the pilot hole location by the ENGINEER the hole opening or enlarging phase of the installation shall begin. J. Pipe joints shall be welded per the manufacturer's recommendations by competent personnel. K. Two (2) #6 AWG stranded copper wires with white insulation shall be pulled with the pipeline for pipeline locating purposes. The wires shall be terminated in a wire access box at both ends. The CONTRACTOR shall attach the wires to the pipe in such a way as to not break the wires during the pullback of the pipe. L. At the completion of the bore, the CONTRACTOR shall submit five (5) copies of the bore log to the ENGINEER for record keeping. The bore log shall be prepared by the subcontractor that performed the horizontal directional drill, unless the CONTRACTOR himself performed the work. M. If any driveways or access roads are to be blocked by the pipe, the CONTRACTOR shall provide overhead roll -type pipe stands to elevate the pipe to such a height as 02320-4 Page 2250 of 2350 Agenda Item #29. to allow access into the driveways and/or access roads. N. A competent and experienced supervisor representing the CONTRACTOR and drilling Subcontractor shall be present at all times during the actual drilling and pull -back operations. A responsible representative who is thoroughly familiar with the equipment and type of work to be performed must be in direct charge and control of the operation at all times. In all cases, the supervisor must be continually present at the job site during the actual directional drill and pull -back operations. O. CONTRACTOR shall place silt fence between all drilling operations and any drainage, wellfields, wetland, waterway or other area designated for such protection if required by documents, state, federal and local regulations. Additional environmental protection necessary to contain any hydraulic or drilling fluid spills shall be put in place, including berms, liners, turbidity curtains and other measures. CONTRACTOR shall adhere to all applicable environmental regulations. 3.02 RESTORATION OF PAVED, IMPROVED AND UNIMPROVED AREAS A. The shoulders, ditches, banks and slopes of roads, waterways, and railroads crossed and paralleled shall be restored to their former condition and properly sodded so that they will not wash out before becoming consolidated. Restoration shall be as required by the jurisdictional authority and as specified within the Contract Documents. Road crossings and parallel installations are to be continuously maintained until completion of the work. 3.03 SAFETY A. Utmost attention must be paid to all permit conditions and safety considerations, to protect lives and property. At a minimum, these things must be done: 1. Provide crew with accurate cable avoidance equipment and training to detect and avoid damage to all existing utilities. 2. Provide crew with safety equipment which will detect electrical current and voltage, with both visual and audible alarms, in the event of contact / close proximity with electrical and/or telecommunications lines. Provide and use properly grounded matting around the boring equipment. Provide insulated work boots and gloves. Provide OSHA safety equipment and signage for work in public right-of-ways. 3. Provide an OSHA certified Health and Safety Officer to maintain all areas of the job site. The job site superintendent may be the OSHA Certified Health and Safety Officer. At the end of each workday, pits shall be barricaded using a safety fence. END OF SECTION 02320-5 Page 2251 of 2350 Agenda Item #29. SECTION 02526 CONCRETE CURB AND GUTTER RESTORATION PART 1 - GENERAL 1.01 SCOPE A. The Work to be performed includes the installation of all concrete curb and / or valley gutter removed and / or damaged during the course of the construction work. B . The CONTRACTOR shall exercise reasonable care in removing curb and gutter and shall dispose of all removed materials properly. C. If any portion of concrete curb and / or gutter is damaged or cut, the entire length of curb and/or gutter must be replaced. No patching of existing curb or gutter will be allowed. 1.02 REFERENCES A. FDOT - Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Latest Edition. PART 2 - PRODUCTS 2.01 CONCRETE A. The concrete used shall be Class I (3,000 psi in 28 days) in accordance with FDOT Standard specification Section 346 "Structural Portland Cement Concrete," Latest Edition. PART 3 - EXECUTION 3.01 INSTALLATION A. The curb face shall be equal to the face of the adjacent undisturbed curb, and the type (i.e. stand up curb or gutter curb) shall be replaced in kind to a condition equal to or better than that which existed previously. Curb that is broken or cracked during construction operations shall be removed and disposed of and replaced by the CONTRACTOR at his own expense. END OF SECTION 02526-1 Page 2252 of 2350 Agenda Item #29. SECTION 02660 PIPE AND FITTINGS -GENERAL PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated, for the following: 1. Submittals. 2. Record drawings. 3. Product delivery, storage and handling. 4. Product installation. 5. Field quality control. 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02000 — Utility Construction. C. Section 02225 - Trenching, Bedding and Backfill for Pipe. D. Section 02668 - Fittings, Valves and Appurtenances. E. Appendices. 1.03 SUBMITTALS A. Submit manufacturer's data for pipes, fittings and appurtenances. B. Submit shop drawing of air release valve installation if installation deviates from the engineering drawings. C. Submit certified affidavit of compliance with material specifications for all pipe, fittings, and appurtenances. D. Submit hydrostatic proof, sustained pressure and burst strength reports for tests performed by the manufacturer prior to shipping. 02660-1 Page 2253 of 2350 Agenda Item #29. 1.04 RECORD DRAWINGS A. Submit record drawings prepared by a professional land surveyor that accurately record actual installed horizontal and vertical location of pipe, fittings, valves and other appurtenances. B. Submit written summary of pipe stations where statutory separation between pipes has not been maintained. C. Accurately record all deviations from engineering drawings on the record drawing submittal. D. Refer to Section 01720 — Record Documents for additional requirements. 1.05 PRODUCT DELIVERY, STORAGE AND HANDLING A. Handle and store products in strict accordance with manufacturer's recommendations. B. Handling must not damage or mar products. C. Store products to minimize exposure to weather, vandalism and theft. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.01 INSTALLATION A. Perform earthwork operations in accordance with Section 02225 — Trenching, Bedding, and Backfill for Pipe, where applicable. B. All laying, testing for defects and pressure testing shall be performed in the presence of the ENGINEER's and/or OWNER's representative. C. All defective material shall be promptly removed from the Work. D. Conform to the manufacturer's installation recommendations. E. In case of conflict between various requirements the more stringent requirement shall apply. 02660-2 Page 2254 of 2350 Agenda Item #29. F. Lay pipe with the bell end pointing in the direction of laying. G. Temporarily close all open pipe ends at the end of each day's work with water -tight plugs. H. Pipe shall be uniformly supported by the trench bottom prior to backfill. I. Install thrust blocking or restraint at all valves and fittings in accordance with manufacturer's recommendations, the engineering drawings, or OWNER specifications, whichever is more stringent. J. Blocking or wedging between bells and spigots will not be permitted. K. Joint deflections shall not exceed 50 percent of the manufacturer's maximum allowable deflection. L. Cut pipe with saws or power driven abrasive cutters which will produce a square cut. Wedge type roller cutters will not be permitted. After cutting, bevel cut ends with beveling tool or abrasive disc and repair any damage to the interior pipe lining with a NSF 61 approved coating. M. Keep pipe free of earth and debris during installation. N. Flush each completed pipe sections with water obtained from an approved source if needed due to dirt and debris enters the proposed pipe during installation. If the proposed pipe is kept clean during construction, flushing will not be required. The flushing volume shall be sufficient to twice exchange the volume of water in the pipe section being flushed. The flushing flow rate shall be sufficient to create a minimum water velocity of two and one half (21/2) feet per second in the pipe section being flushed. O. Trench is to be kept clean and dry at all times. 3.02 FIELD TESTING A. Perform earthwork density testing in accordance with Section 02225 — Trenching, Bedding, and Backfill. B. Hydrostatic Testing - See Section 02000 — Utility Construction, Section 3.02. END OF SECTION 02660-3 Page 2255 of 2350 Agenda Item #29. SECTION 02661 HIGH DENSITY POLYETHYLENE (HDPE) AWWA PIPE AND FITTINGS PART 1- GENERAL 1.01 SECTION DESCRIPTION A. This specification covers high -density polyethylene (PE 3408) pressure pipe primarily intended for the transportation of sewage, reclaimed water, or potable water either buried or above grade. 1.02 QUALITY CONTROL A. The pipe and fitting Manufacturer shall have an established quality control program responsible for inspecting incoming and outgoing materials. Incoming polyethylene materials shall be inspected for density, melt flow rate, and contamination. The cell classification properties of the material shall be certified by the supplier. Incoming materials shall be approved by Quality Control before processing into finished goods. Outgoing products shall be tested in accordance with AWWA C901 or C906. All HDPE Pipe and fittings shall be National Sanitation Foundation listed and approved for use with potable water. B. The Manufacturer shall maintain permanent Quality Control (QC) and Quality Assurance (QA) records. Certification or copy of these records shall be made available to the purchaser on request. 1.03 SUBMITTALS A. Shop Drawings: Submit for approval the following: 1. Detailed procedures to be used in jointing and installing piping system, including manufacturer's recommendations. 2. Bill of materials indicating material composition of pipe, pressure rating, nominal size and its location on the piping installation drawings. 3. The Manufacturer shall supply an Installation Manual to the OWNER which outlines guidelines for handling, joining, installing, embedding and testing of polyethylene pipeline. 4. The Pipe Manufacturer shall provide visual guidelines for inspecting the butt, saddle, and socket fusion joints. 5. Proposed bore profile and pilot bore "as -built". 1.04 RELATED SECTIONS A. Section 02320 - Trenchless Installation of Pressure Mains by Directional Boring. 02661-1 Page 2256 of 2350 Agenda Item #29. 1.05 REFERENCES Reference AWWA C901 AWWA C906 ASTM D2863 ASTM D3261 ASTM D3350 PPI TR-3 PPI TR-4 NSF Standard #14 Title Polyethylene (PE) Pressure Pipe and Tubing, 1/2 in. through 3 in. for Water Service Polyethylene (PE) Pressure Pipe and Fittings, 4 in. through 63 in. for Water Distribution Socket -Type Polyethylene Fittings for Outside Diameter -Controlled Polyethylene Pipe and Tubing Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing Standard Specification for Polyethylene Plastics Pipe and Fittings Materials Policies and Procedures for Developing Recommended Hydrostatic Design Stresses for Thermoplastic Pipe Materials Recommended Hydrostatic Strengths and Design Stresses for Thermoplastic Pipe and Fittings Compounds Plastic Piping Components and Related Materials PART 2 -PRODUCTS 2.01 QUALIFICATION OF MANUFACTURERS A. The Manufacturer shall have manufacturing and quality control facilities capable of producing and assuring the quality of the pipe and fittings required by these specifications. Given reasonable notice, the Manufacturer's production facilities shall be open for inspection by the OWNER or his Authorized Representative. The ENGINEER shall approve qualified manufacturers. 2.02 MATERIAL A. Reclaimed water main HDPE carrier pipe shall be DR- I I manufactured to ductile iron pipe outside dimensions and in compliance with C906, latest revision and ASTM F714. Reclaimed water main shall be purple in color. B. Materials used for the manufacturing of polyethylene pipe and fittings shall be PE 4710 High Density Polyethylene (HDPE) meeting the ASTM D3350 cell classification of 445474C. C. The material shall have a minimum Hydrostatic Design Basis (HDB) of 1600 psi at 73 degrees Fahrenheit when tested in accordance with PPI TR-3 and shall be listed in the name of the pipe and fitting manufacturer in PPI TR-4. D. The material used in the production of potable water pipe shall be approved by the 02661-2 Page 2257 of 2350 Agenda Item #29. National Sanitation Foundation (NSF). E. The Manufacturer will certify that the materials used to manufacture pipe and fittings meet the requirements of this specification. 2.03 PIPE A. Polyethylene pipe shall be manufactured in accordance with AWWA C901 for sizes 1/2 inch through three (3) inches and in accordance with AWWA C906 for sizes four (4) inches through 54 inches. B . Permanent identification of piping service shall be provided by co -extruding identifiable colored markings into the pipe's outer surface. The marking material shall be the same material as the pipe material except for color. Type of piping service shall be identified by color according to the following table: 1. Blue - Potable and Raw 2. Green - Sanitary 3. Purple - IQ cover all 4. Orange - Fiberoptic However, refer to local regulatory rules for the required color of the piping if the piping service color is not defined above. Identification markers printed or painted on the pipe's outer surface shall not be acceptable. 2.04 FITTINGS A. Polyethylene fittings shall be made from material meeting the same requirements as the pipe. Polyethylene fittings shall be molded or fabricated by the manufacturer of the pipe. B . Unless otherwise noted, fittings shall meet the requirements of AWWA C906. C. Molded fittings shall be manufactured in accordance with either ASTM D2683 (socket fused) of ASTM D3261 (butt fused) and shall be so marked. D. Mechanical Fittings used with polyethylene pipe shall be specifically designed for or tested and found to be acceptable for use with polyethylene pipe. Mechanical Fittings designed for other materials shall not be used unless authorized by the Mechanical Fitting Manufacturer/Supplier. Special precautions may exist with certain mechanical fitting or additional components may be required - consult the manufacturer of the fitting prior to its use. E. Mechanical joint adapters shall meet the requirements of AWWA C906 and shall be Pressure Class 160, DR- 11 with extended cor-ten tee bolts, ductile iron glands and gasket. MJ adapter shall be manufactured by Performance Pipe/ Chevron Chemical Company or approved equal. PART 3 - EXECUTION 3.01 INSTALLATION AND TESTING A. HDPE pipe shall have a minimum cover as required the Contract drawings. 02661-3 Page 2258 of 2350 Agenda Item #29. B . The Manufacturer shall supply an Installation Manual to the OWNER which outlines guidelines for handling, joining, installing, embedding and testing of polyethylene pipeline. These guidelines shall be used as reference material for the CONTRACTOR in his determination of the required procedures. C. Joints between plain ends of polyethylene pipe shall be made by butt fusion when possible. The Pipe Manufacturer's fusion procedures shall be followed at all times as well as the recommendations of the Fusion Machine Manufacturer. The wall thickness of the adjoining pipes shall have the same DR at the point of fusion. D. When saddle connections are fusion welded the Manufacturer's recommended saddle fusion procedures shall be used. E. If mechanical fittings (which are designed for, or tested and found acceptable for use with polyethylene pipe) are utilized for transitions between pipe materials, repairs, joining pipe sections, saddle connections, or at others locations; the recommendations of the Mechanical Fitting Manufacturer must be followed. These procedures may differ from other pipe materials. F. Pressure testing shall be conducted in accordance with this Document and the Manufacturer's recommended procedure. Pressure testing shall use water as the test media. Minimum test pressure shall be 150 psi with zero loss allowed. I. Two #6 AWG stranded copper wires with white insulation shall be pulled with the pipeline for pipeline locating purposes. The wire shall be terminated in a wire access box at both ends. The CONTRACTOR shall attach the wire to the HDPE pipe in such a way as to not break the wire during the pullback of the pipe. J. The maximum allowable depth of any gouge on the carrier or casing pipe shall not exceed 5 percent of the wall thickness. K. At the end of the bore, the CONTRACTOR shall submit five (5) copies of the bore log to the ENGINEER for record keeping. The bore log shall be prepared by the subcontractor that performed the horizontal directional drill, unless the CONTRACTOR himself performed the work. L. If any driveways or access roads are to be blocked by the pipe, the CONTRACTOR shall provide overhead roll -type pipe stands to elevate the pipe to such a height as to allow access into the driveways and/or access roads. M. The handling of the assembled pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp or cutting objects. Slings for handling the pipeline shall not be positioned at pipe joints. Sections of the pipes with cuts and gouges or excessive deformations shall be removed and replaced. END OF SECTION 02661-4 Page 2259 of 2350 Agenda Item #29. SECTION 02662 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS PART 1 GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish all labor, materials, equipment and incidentals required to install and test polyvinyl chloride (PVC) pipe, and fittings, complete as shown on the Drawings and as specified herein. B. Pipe or piping refers to all pipe, fittings, material and appurtenances required to construct PVC concentrate, water and force main sewer pipe complete, in place. 1.02 RELATED REQUIREMENTS A. Section 02225: Trenching, Bedding and Backfill for Pipe. B. Section 02660: Pipe and Fittings — General. C. Section 02668: Fittings, Valves and Appurtenances. D. Appendices. 1.03 SUBMITTALS A. Submit the name of the pipe and fitting manufacturers and a list of materials to be furnished by each manufacturer. Also, include information on local representative of each manufacturer, if product is sold through a distributor. B. Shop Drawings including piping layouts and schedules shall include dimensioning, fittings, types and locations of valves and appurtenances, joint details, methods and location of supports, anchorage, gasket material, grade of material and all other pertinent technical information for all items to be furnished. C. Prior to each shipment of pipe, certified test reports that the pipe for this Contract was manufactured and tested in accordance with the ASTM and AWWA Standards specified herein shall be submitted. 1.04 REFERENCE STANDARDS A. American Society for Testing and Materials (ASTM) 02662-1 Page 2260 of 2350 Agenda Item #29. 1. ASTM D1784 —Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 2. ASTM F477 —Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 3. ASTM D3139 —Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals. 4. ASTM D3034 —Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 5. ASTM D2241 —Standard Specification for Poly (Vinyl Chloride) (PVC) Pressure -Rated Pipe (SDR Series) B. American Water Works Association (AWWA): 1. AWWA C 110 — Ductile -Iron and Gray -Iron Fittings, 3-in Through 48-in for Water and Other Liquids. 2. AWWA C I I I — Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings. 3. AWWA C600 — Standard Installation of Ductile -Iron Water Mains and their Appurtenances. 4. AWWA C651 — Disinfecting Water Mains. 5. AWWA C900 —Polyvinyl Chloride (PVC) Pressure Pipe and Fittings, 4-in Through 36-in for Water Distribution. C. National Sanitation Foundation (NSF): 1. Standard No. 14 —Plastic Piping Components and Related Materials. 2. Standard No. 61 — Drinking Water System Components — Health Effects. D. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 02662-2 Page 2261 of 2350 Agenda Item #29. 1.05 QUALITY ASSURANCE A. All PVC pipe shall be from a single manufacturer. The supplier shall be responsible for the provisions of all test requirements specified in ASTM D3034 and NSF Standard No. 14 as applicable. In addition, all PVC pipe to be installed under this Contract may be inspected at the plant for compliance with these specifications by an independent testing laboratory provided by the OWNER. The CONTRACTOR shall require the manufacturer's cooperation in these inspections. The cost of plant inspection of all pipe approved for this Contract, plus the cost of inspection of a reasonable amount of disapproved pipe, will be borne by the OWNER. B . Inspections of the pipe may also be made by the ENGINEER or other representatives of the OWNER after delivery. The pipe shall be subject to rejection at any time on account of failure to meet any of the Specification requirements, even though sample pipes may have been accepted as satisfactory at the place of manufacture. Pipe rejected after delivery shall be marked for identification and shall be removed from the job at once. 1.06 SYSTEM DESCRIPTION A. The equipment and materials specified herein are intended to be of standard types for use in transporting water and sewage. B. Note information in pipe schedule on Drawings, if any and in this Section, especially concerning pressures, minimum thickness, etc. In case of a conflict, information given in the pipe schedule shall govern. C. CONTRACTOR is responsible for compatibility between pipe materials, fittings and appurtenances. 1.07 DELIVERY, STORAGE AND HANDLING A. All items shall be bundled or packaged in such a manner as to provide adequate protection of the ends during transportation to the site. Any pipe damaged in shipment shall be replaced as directed by the ENGINEER. B . PVC items deteriorate in sunlight and are slightly brittle, especially at lower temperatures, so care shall be taken in loading, transporting and unloading items to prevent injury to the items. All items shall be examined before installation and no piece shall be installed which is found to be defective. Handling and installation of pipe and fittings shall be in accordance with the manufacturer's instructions, referenced standards and as specified herein. C. Any pipe or fitting showing a crack or which has received a blow that may have caused an incident fracture, even though no such fracture can be seen, shall be marked as rejected and removed at once from the work. 02662-3 Page 2262 of 2350 Agenda Item #29. D. While stored, pipe shall be adequately supported from below at not more than 3-ft intervals to prevent deformation. The pipe shall be stored in stacks no higher than that given in the following table: Pipe Diameter (inches) Max. No. of Rows Stacked 8 or less 5 12 to 21 4 24 to 30 3 33 to 48 2 54 and larger 1 E. Pipe and fittings shall be stored in a manner which will keep them at ambient outdoor temperatures and out of the sunlight or delivered to the site so that no pipe is exposed to sunlight for more than 60 days. Temporary shading as required to meet this requirement shall be provided. Simple covering of the pipe and fittings which allows temperature buildup or direct or indirect sunlight will not be permitted. F. If any defective item is discovered after it has been installed, it shall be removed and replaced with an exact replacement item in a satisfactory manner by the CONTRACTOR, at the CONTRACTOR's own expense. All pipe and fittings shall be thoroughly cleaned before installation and the interior shall be kept clean until testing. G. In handling the items, use special devices and methods as required to achieve the results specified herein. No un-cushioned devices shall be used in handling the item. PART 2 - PRODUCTS 2.01 PRESSURE POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS A. PVC pressure pipe sized 4-in though 36-in shall conform to the requirements of AWWA C900. All pipe shall be Class 235 with a Dimension Ratio (DR) of 18. Higher pressure class will be furnished if indicated on the drawings. The pipe shall be PVC 1120 made from PVC compounds Class 12454-A or 12454-B as defined in ASTM D 1784. Each pipe length shall be marked with the manufacturer's name or trademark, size, material code, pressure class, AWWA designation number and seal of test agency that verified pipe material for potable -water service. B. PVC pipe and fittings shall have bell and spigot push -on joints. The bell shall consist of an integral wall section with a solid cross-section elastomeric gasket securely locked in place to prevent displacement during assembly. Installation of 02662-4 Page 2263 of 2350 Agenda Item #29. elastomeric gasketed joints and performance of the joint shall conform to ASTM F477, ASTM D313 9. C. All fittings and accessories for concentrate, water and sewer lines shall have bell and/or spigot configurations compatible with the pipe- D. Fittings shall be PVC and conform to the requirements of AWWA C900. Fittings shall have a dimensional ratio of DR-18 and shall be equal to the pipe barrel and shall incorporate integral elastomeric gasket bell joints. The pressure rating of the fittings shall be equal to the pressure rating of the PVC piping. Fittings shall be marked with nominal size, manufacturer's name, AWWA pressure rating, AWWA standards to which the fitting is made, CS Standard number and handling label. Fittings shall be manufactured with segments of PVC pipe bonded together and wrapped with fiberglass -reinforced polyester to the requirements of AWWA C- 900. Fittings shall be as manufactured by Plastic Trends, Inc. or approved equal. E. All PVC fittings shall be restrained. Restraint for PVC pipe at PVC fittings shall consist of the following: the restraint shall be manufactured of ductile iron conforming to ASTM A536. A split ring shall be utilized on the PVC fitting bell. A restraint ring, incorporating a plurality of individually -actuating gripping surfaces, shall be used to grip the pipe, and a sufficient number of bolts shall be used to connect the bell ring and the gripping ring. The combination shall have a pressure rating equivalent to the ratings of the pipe. Proper actuation of the gripping wedges shall be ensured with torque limiting twist off nuts. All wedge assemblies and related parts shall be epoxy coated with a minimum of two coats with heat cure to follow each coat. The coating on the casting bodies shall be a polyester based powder electrostatically applied and heat cured. Hardware shall be 316 Stainless Steel. The restraint shall be Series 2500, as manufactured by EBAA Iron, Inc. or approved equal. F. Type of piping service shall be identified by color in accordance with the following: 1. Blue — Potable 2. Green — Sanitary 3. Purple — Reclaimed Water G. Where restrained joints are shown on the drawings or as required, restraining glands shall be installed. Restraint for PVC pipe at the bell shall consist of the following: The restraint shall be manufactured of ductile iron conforming to ASTM A536. A backup ring shall be used behind the PVC bell. A restraint ring, incorporating a plurality of individually -actuating gripping surfaces, shall be used to grip the pipe, and a sufficient number of bolts shall be used to connect the bell ring and the gripping ring. All wedge assemblies and related parts shall be epoxy coated with a minimum of two coats with heat cure to follow each coat. The coating on the casting bodies shall be a polyester based powder electrostatically applied and heat 02662-5 Page 2264 of 2350 Agenda Item #29. cured. The restraint shall be the Series 2800, as manufactured by EBAA Iron, Inc. or approved equal. 2.02 PVC SEWER PIPE A. PVC sewer pipe shall be SDR-35 and meet the requirements of ASTM D3034 for PVC sewer pipe. Pipe shall be furnished in standard 20 foot lengths. B . The joints for PVC sewer pipe shall be elastomeric gasket joint which will provide a watertight seal. The assembly of the joints shall be in accordance with the pipe manufacturer's recommendations. C. In storing pipe, units shall be protected by dunnage in the same way they were protected while loaded on the truck. If pipe is to be stored outside longer than 15 days, the pipe shall be covered with canvas or other opaque material to protect it from prolonged exposure to the sun. D. Where necessary, transition gaskets shall be furnished and installed where plastic pipe is connected to pipes or fittings of other material. E. Fittings and specials shall meet the requirements of ASTM D3034 for PVC sewer fittings with elastomeric gasket joints which will provide a watertight seal. PART 3 EXECUTION 3.01 INSTALLATION OF PVC PIPE AND FITTINGS A. No single piece of pipe shall be laid unless it is straight. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1/1 6-in per foot of length. If a piece of pipe fails to meet this requirement check for straightness, it shall be rejected and removed from the site. Laying instructions of the manufacturer shall be explicitly followed. B. If any defective pipe is discovered after it has been installed, it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the OWNER. All pipe and fittings shall be thoroughly cleaned before installation, shall be kept clean until they are used in the work and when laid, shall conform to the lines and grades required. PVC pipe and fittings shall be installed in accordance with requirements of the manufacturer and AWWA C605 or as otherwise provided herein. C. As soon as the excavation is complete to normal grade of the bottom of the trench, bedding shall be placed, compacted and graded to provide firm, uniform and continuous support for the pipe. Bell holes shall be excavated so that only the barrel of the pipe bears upon the bedding. The pipe shall be laid accurately to the lines 02662-6 Page 2265 of 2350 Agenda Item #29. and grades indicated on the Drawings. Blocking under the pipe will not be permitted. Bedding shall be placed evenly on each side of the pipe to mid -diameter and hand tools shall be used to force the bedding under the haunches of the pipe to give continuous support for the pipe. Bedding shall then be placed to 12-in above the top of the pipe. The initial 3-ft of backfill above the bedding shall be placed in 1-ft layers and carefully compacted. Generally the compaction shall be done evenly on each side of the pipe and compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such compaction equipment will not have a damaging effect on the pipe. Equipment used in compacting the initial 3-ft of backfill shall be approved by the pipe manufacturer's representative prior to use. D. All pipes shall be sound and clean before installation. When installation is not in progress, including lunchtime, the open ends of the pipe shall be closed by watertight plug or other approved means. Good alignment shall be preserved during installation. The deflection at joints shall not exceed that recommended by manufacturer. Fittings, in addition to those shown on the Drawings, shall be provided, if required, in crossing utilities which may be encountered upon opening the trench. E. When cutting pipe is required, the cutting shall be done by machine, leaving a smooth cut at right angles to the axis of the pipe. Cut ends of pipe to be used with a bell shall be beveled to conform to the manufactured spigot end. F. The ENGINEER may examine each bell and spigot end to determine whether any preformed joint has been damaged prior to installation. Any pipe having defective joint surfaces shall be rejected, marked as such and immediately removed from the job site. G. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place. Joints shall not be "pulled" or "cramped". H. Before any joint is made, the pipe shall be checked to assure that a close joint with the next adjoining pipe has been maintained and that the inverts are matched and conform to the required grade. The pipe shall not be driven down to grade by striking it. I. Precautions shall be taken to prevent flotation of the pipe in the trench. J. When moveable trench bracing such as trench boxes, moveable sheeting, shoring or plates are used to support the sides of the trench, care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe, or disturbance of the pipe bedding and the backfill. Trench boxes, movable sheeting, shoring or plates shall not be allowed to extend below top of the pipe. As trench boxes, moveable sheeting, shoring or plates are moved, pipe bedding shall be 02662-7 Page 2266 of 2350 Agenda Item #29. placed to fill any voids created and the backfill shall be recompacted to provide uniform side support for the pipe. K. Concrete thrust blocks shall only be installed at all fittings and other locations as directed by the ENGINEER. Minimum bearing area shall be as shown on the Drawings. Concrete shall be placed against undisturbed material and shall not cover j oints, bolts, or nuts, or interfere with the removal of any j oint. Wooden side forms shall be provided for thrust blocks. L. Restrained joints shall be installed where shown on the Drawings. M. A single, continuous #6 AWG solid copper wire with green insulation shall be installed on top of the PVC pipe installed via open cut methods. No in -line connectors shall be allowed. 3.02 JOINTING PVC PIPE (Push -on type) A. Joints shall be made in strict accordance with the manufacturer's instructions. Pipe shall be laid with bell ends looking ahead. A rubber gasket shall be inserted in the groove of the bell end of the pipe and the joint surfaces cleaned and lubricated. The plain end of the pipe to be entered shall then be inserted in alignment with the bell of the pipe to which it is to be joined and pushed home with a come -along or by other means. Check that the reference mark on the spigot end is flush with the end of the bell. 3.03 JOINTING MECHANICAL JOINT FITTINGS A. Mechanical joints at valves and where designated shall be in accordance with the AWWA C 1 I I and the instructions of the manufacturer. PVC beveled spigot shall be cut and/or chamfered prior to insertion in mechanical joint segment of butterfly valves or other component. Modify pipe end and connect pipe to valves and other mechanical joints in strict conformance with the manufacturer's instructions. To assemble the joints in the field, thoroughly clean the joint surfaces and rubber gasket with soapy water before tightening the bolts. Bolts shall be tight to the specified torques. Under no condition shall extension wrenches or pipe over handle of ordinary ratchet wrench be used to secure greater leverage. 3.04 TESTING (PRESSURE PIPELINE) A. Furnish all necessary equipment and labor for carrying out a pressure test and leakage test on the pipelines. The procedures and method for carrying out the pressure and leakage tests shall be approved by the ENGINEER. B. Make any taps and furnish all necessary caps, plugs, etc, as required in conjunction with testing a portion of the pipe between valves. Furnish a test pump, gages and any other equipment required in conjunction with carrying out the hydrostatic tests. 02662-8 Page 2267 of 2350 Agenda Item #29. C. All pipelines shall be subjected to a hydrostatic pressure of 150 percent of the design operation pressure or 150 psi whichever is greater, except that in no case shall test pressure exceed the design pressure rating of the pipe, fittings and thrust restraints and this pressure maintained for at least 2 hours. The leakage test shall be conducted at the maximum operating pressure as determined by the ENGINEER and this pressure shall be maintained for at least 2 hours during the tests. Hydrant branch gate valves shall remain open during this test. The amount of leakage which will be permitted shall be in accordance with the requirements of the Village of Tequesta and AWWA C605. END OF SECTION 02662-9 Page 2268 of 2350 Agenda Item #29. SECTION 02666 DUCTILE IRON PIPE PART 1- GENERAL 1.01 PERFORMANCE A. Section generally defines contractor's responsibilities unless otherwise indicated, for the following: 1. Ductile Iron Pipe (DIP) 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02000 — Utility Construction C. Section 02225 - Trenching, Bedding, and Backfill for Pipe D. Section 02660 - Pipe and Fittings - General. E. Section 02668 - Fittings, Valves and Appurtenances. F. Appendices 1.03 REFERENCES A. ANSI/AWWA C104/A21.4 (Latest Revision) -Cement mortar lining for ductile iron pipe and fittings for water. B. ANSI/AVWVA C111/A21.11 (Latest Revision) -Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. C. ANSI/AWWA C115/A21.15 (Latest Revision) -Flanged ductile iron and grey iron pipe with threaded flanges. D. ANSI/AWWA C151/A21.51 (Latest Revision) -Ductile iron pipe, centrifugally cast in metal molds or sand lined molds for water and other liquids. E. ANSI/AWWA C600 (Latest Revision) - Installation of ductile iron water mains and appurtenances. PART 2 -PRODUCTS 2.01 MATERIALS A. PIPE: 1. Ductile iron pipe shall be designed in accordance with the requirements of ANSI/AWWA A21.51 /C 151 as applicable, and the supplemental requirements of this section. 02666-1 Page 2269 of 2350 Agenda Item #29. 2. Ductile iron pipe shall be Pressure Class 51 for sizes up to and including 12 inch and Pressure Class 350 for pipe sizes larger than 12 inch and shall conform to ANSI A21.51 and AWWA C-151. 3. Ductile iron pipe shall be of the diameter shown on the plans. 4. Ductile iron pipe shall be furnished complete with rubber gaskets or restraint gaskets where applicable. 5. Ductile iron pipe shall be supplied in lengths not less than 18 feet, having rubber ring type push -on joints, standard mechanical joints, restrained joints, threaded flanges, or ball joints as shown on the contract documents. B. COATING AND LININGS: 1. Exterior of buried pipe shall have factory applied bituminous coating, coal tar varnish or asphalt base paint, minimum one -mil thick. 2. Interiors of water and reclaimed water mains shall be cement lined. Interiors of sewer mains shall be Protecto 401 or polyethylene lined. Repair kits shall be provided for repairing any damaged lining as no additional costs to the OWNER. 3. CONTRACTOR shall coat any edges of field -cut DIP with an approved bituminous coating. C. JOINTS: 1. Joints in straight "Runs" of buried pipe shall be push -on with mechanical joints at fittings unless indicated otherwise on the Contract Documents. Pipe restraints shall be in accordance with Section 02668 and as shown on the drawings and specified herein. D. FLANGED PIPE: 1. Flanged pipe shall have threaded flanges with bolts and gaskets appropriate to the service use and maximum working pressure of the pipe. 2. All flanges shall be ductile iron. PART 3 - EXECUTION NOT USED END OF SECTION 02666-2 Page 2270 of 2350 Agenda Item #29. SECTION 02668 FITTINGS, VALVES AND APPURTENANCES PART 1 - GENERAL 1.01 PERFORMANCE A. This Section generally defines CONTRACTOR's responsibilities unless otherwise indicated, for the following: 1. Buried Fittings. 2. Buried Gate Valves. 3. Valve Boxes. 4. Buried Air Release Valves. 5. Restrained Mechanical Joints. B. All new materials shall adhere to the 2014 Environmental Protection Agency (EPA) standards for lead free brass. 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02000 — Utility Construction. C. Section 02225 - Trenching, Bedding and Backfill for Pipe. D. Section 02660 - Pipe and Fittings - General. E. Appendices. 1.03 REFERENCES A. ANSI/AWWA C 104/A21.4, Latest Revision - Cement mortar lining for ductile iron pipe and fittings for water. B . ANSI/AWWA C 110/A21.10. Latest Revision - Ductile Iron and grey iron fittings three (3) inch through 48 inch for water and other liquids. 02668-1 Page 2271 of 2350 Agenda Item #29. C . ANSI/AWWA C I I I /A21.11, Latest Revision - Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. D. ANSI/AWWA C600, Latest Revision - Installation of Ductile Iron water mains and appurtenances. E. ANSI/AWWA C 153/A21.53, Latest Revision — Ductile Iron Compact Fittings for Water Service. PART 2 - PRODUCTS 2.01 MATERIALS A. Buried Fittings (4 inches and larger) 1. Mechanical joint fittings to be Compact Ductile Iron (Class 350 AWWA C- 153 only). Buried flange fittings shall have the same interior and exterior coatings as buried mechanical joint fittings. 2. Exterior of below grade fittings shall have factory applied bituminous coating, coal tar varnish or asphalt base paint, minimum one -mil thick. 3. Interior of fittings shall be cement lined. 4. CONTRACTOR shall submit a Certificate of Quality Assurance Form from the pipe supplier who applied the coating system that notes, at a minimum, the surface preparation, the DFT in mils of the first and second coat, the final DFT in mils, and proof of holiday testing at 2,000 Volts minimum. B. Buried Gate Valves 1. Gate valves 2" and larger shall be gray or ductile iron body, conforming to AWWA C509 or C515, with mechanical joints or flanged ends, and shall be equipped with a 2" square gray or ductile iron wrench nut. 2. The stem shall be non -rising type for underground installation. 3. Gate valves shall be resilient wedge type and meet the following provisions: a. The wedge shall be of ductile or gray iron, fully encapsulated with EPDM rubber, including the glide path. b. The gland flange shall be ductile iron for maximum strength. C. The stem material shall be 316 stainless steel with yield strength of 02668-2 Page 2272 of 2350 Agenda Item #29. 4000 psi. d. Valve body, bonnet, and gland flange shall have an electrostatic applied, fusion -bonded epoxy coating internally and externally, a minimum of 8 mils thick. The coating shall meet or exceed the requirements of the AWWA C550. Coating shall be applied at the valve manufacturer's facilities. e. All bolts, nuts, and washers shall be stainless steel to limit exterior corrosion and maintain fastener strength. Manufacturer shall use a lubricant during assembly of bolt and nut sets to prevent galling of similar metals. f. Valves shall be rated for 250 psi working pressure. All valves shall have pressure tests performed to the requirements of AWWA C509 or C515 specifications, as applicable, prior to shipment from the manufacturer. g. Valves shall be covered by a Manufacturer's 10-year Limited Warranty from date of purchase by the end user. h. Gate valves shall be as manufactured by DeZurik, Pratt or Equal. i. Valves shall be provided with a box cast in a slab and a box cover. C. Valve Boxes 1. Units shall be adjustable, cast iron, two-piece screw -type with minimum interior diameter of 5" with covers cast with the applicable inscription in legible lettering on the top -"SEWER", "RECLAIM" or "WATER". Boxes shall be of heavy-duty construction for traffic loading. Extension pieces, if required, shall be the manufacturer's standard screw -type for use with the valve box. Bolt down covers shall be provided when specified in the plans. 2. The top side of valve box cover and the inside of the top section of the valve box shall be painted blue for water mains, green for sewer mains and purple for reclaimed water mains. 3. Valve boxes shall be provided with concrete base and valve nameplate with suitable anchors for casting flush into concrete. Nameplate shall be 3" diameter bronze disk. Information on disk shall be of specific valve type, size, direction and number of turns, and schematic of facilities. The brass disc shall be set into wet concrete to be flush with the pad. Discs that have been drilled in and set with epoxy will not be accepted. All water valve locations are to be marked by a blue RPM, wastewater valves by a green RPM, and reclaimed water are to be marked by a purple RPM. 02668-3 Page 2273 of 2350 Agenda Item #29. 4. A valve box alignment device shall be used to eliminate the shifting of the valve box against the operating nut. 5. The tops of valve boxes shall be set to the required grade. Any valve box that becomes out of alignment or is not to grade shall be dug out and adjusted. 6. The valve box shall not transmit surface loads directly to either the pipe or valve. Care shall be taken to prevent earth and other material from entering the valve boxes. D. Buried Air Release Valves 1. The air release valves shall be installed as shown on the drawings and shall be the manual type in conformance with the Drawings. 2. Air release valve fittings shall be threaded. E. Restrained Mechanical Joint Devices 1. Restrained mechanical joint devices for nominal pipe sizes 3 inch through 48 inch shall consist of multiple gripping wedges incorporated into a follower gland meeting the applicable requirements of ANSI/AWWA C 110/A21.10. Restraint devices shall be Listed by Underwriters Laboratories (3 inch through 24 inch size) and Approved by Factory Mutual (3 inch through 12 inch size). 2. Restraints shall be made of ASTM A536 ductile iron. Fasteners shall be Cor-Ten steel painted in accordance the Authority's specifications. Fasteners at the wellhead shall be 316 stainless steel. 3. Restrained mechanical joint glands shall be Megalugs as manufactured by Ebaa Iron or One Loks as manufactured by Sigma. PART 3 - EXECUTION NOT USED END OF SECTION 02668-4 Page 2274 of 2350 Agenda Item #29. SECTION 02740 ASPHALT CONCRETE PAVING PART 1 - GENERAL 1.01 SCOPE A. The work shall consist of furnishing all materials, labor and equipment for compacting subgrade, constructing a base course, priming the base course and constructing an asphaltic concrete surface course as specified on the plans. 1.02 SUBMITTALS See Section 01300 - Submittals. 1.03 MATERIAL CERTIFICATES A. Provide copies of material certificates signed by material producer and CONTRACTOR, certifying that each material item complies with, or exceeds, specified requirements. B. The CONTRACTOR shall provide the ENGINEER and the OWNER the name, location(s) of all imported soil and aggregate materials. CONTRACTOR shall also provide particle size analysis/grading analysis for these materials. 1.04 CODE COMPLIANCE A. Comply with the applicable sections of the "State of Florida Department of Transportation's (FDOT) Standard Specifications for Road and Bridge Construction". PART 2 - PRODUCTS 2.01 GENERAL A. All materials furnished hereunder shall comply with the applicable sections of the Florida Department of Transportation's (FDOT) "Standard Specifications for Road and Bridge Construction" current edition which are hereby incorporated into these specifications by reference. 2.02 MATERIALS A. General: Use locally available materials and gradations which exhibit a satisfactory record of previous installations. 02740-1 Page 2275 of 2350 Agenda Item #29. B. Subgrade Stabilizing Material: Stabilization per FDOT Section 160. C. Base Course: The base course shall be constructed with either one of the following materials. 1. Limerock Base Course: FDOT Section 911, for on -site pavement and for all pavement within the right-of-way of County Roads. Limerock shall have a minimum LBR of 100 and shall be mined from an FDOT approved source. 2. Cemented Coquina Shell Base: FDOT Section 911, for on -site pavement. D. Asphaltic Concrete: Comply with FDOT Section 330 requirements and Section 334 for Superpave Asphalt. E. Prime and Tack Coats: FDOT Section 300. PART 3 - EXECUTION 3.01 GENERAL A. All operations hereunder shall adhere to the requirements of the Florida Department of Transportation for construction within the rights -of -way and FDOT's "Standard Specifications" above and particularly with the following sections. B. All asphalt shall be replaced to match existing conditions, thickness, and type. The bid price will cover any additional work need at no additional cost to the OWNER and shall be done to the satisfaction of the OWNER, ENGINEER, and permit authorities. If the thickness is unknown, it shall be assumed all asphalt surfaces to be replaced are 2.5 to 3.0 inches thick. 3.02 PAVEMENT REMOVAL A. Remove existing pavement by saw cutting on a straight line at a 90-degree angle with the pavement surface. 3.03 PAVEMENT INSTALLATION A. Stabilized subgrade shall have a minimum LBR of 40, and minimum densities shall be 98% of maximum dry density as determined by the AASHTO T-180 method D. Materials, construction methods, and testing shall conform to FDOT specifications Section 160 Stabilization and shall be paid for as part of the work under this section. B. Base course shall consist of Limerock or cemented coquina with a minimum LBR of 100. After compaction, the base shall have a density that is 98% of maximum dry density as determined by the AASHTO T-180 method. Materials, construction methods, and testing shall conform to FDOT specifications Section 200 for the base 02740-2 Page 2276 of 2350 Agenda Item #29. material used. This base course shall be used for all paving on the project. C. Asphalt wearing surface for paved areas shall consist of SP-9.5 or SP-12.5 asphaltic concrete. The asphaltic wearing surface must be placed on an adequately compacted and unyielding base course. Materials, construction methods, and testing shall conform to FDOT specifications Section 334. D. Pavement Markings: FDOT Sections 710 and 711. 3.04 TESTING A. In proposed roadway restoration and driveways, a minimum frequency of one in - place density test for each driveway or 2,500 sq. ft. of area shall be used. Each 12" lift of fill, as well as the stabilized subgrade (where applicable) and base shall be tested at this frequency. B . Additional tests may be required for the driveway construction or at more frequent intervals if deemed necessary by the ENGINEER. END OF SECTION 02740-3 Page 2277 of 2350 Agenda Item #29. SECTION 02846 PAVEMENT MARKING AND SIGNAGE PART 1 - GENERAL 1.01 SECTION INCLUDES A. Painting reflectorized traffic striping and markings (in accordance with FDOT Specifications, Section 710). B. Placing thermoplastic traffic striping and markings (in accordance with FDOT Specifications, Section 711). C. Reflective pavement markers (in accordance with FDOT Specifications, Section 706). D. Providing Signage (signs in accordance with FDOT Specifications, Section 700). 1.02 REFERENCES A. Florida Department of Transportation — Standard Specifications for Road and Bridge Construction, Latest Revision, herein after referred to as the FDOT Specification. This Document must be onsite during the Work. B. Manual on Uniform Traffic Control Devices for Streets and Highways. PART 2 - PRODUCTS 2.01 MATERIALS A. Reflective Traffic Paint: In accordance with Sections 971-12 and 971-14 of the FDOT Specifications. B. Thermoplastic Traffic Stripes and Markings: In accordance with Section 711-2 of the FDOT Specifications with the exception that only an alkyd resin type be used. C. Reflective Pavement Markers: In accordance with Section 706-2 of the FDOT Specifications. D. Sign Assemblies: In accordance with Sections 700-2 and 700-3 of the FDOT Specifications. 2.02 EQUIPMENT A. In accordance with the following FDOT Specifications: Section 710-3 for reflective paint and Section 711-3 for thermoplastic compounds with the exception that thermoplastic be applied utilizing extrusion equipment only. 02846-1 Page 2278 of 2350 Agenda Item #29. PART 3 - EXECUTION 3.01 PREPARATION A. CONTRACTOR shall establish the necessary tack points and other controls for alignment of the stripes. B . Tolerances in dimensions and alignment shall be in accordance with MOT Specification 710-5. C. CONTRACTOR shall comply with Sections 700-4, 700-5, 700-6 and 700-7 of the MOT Specifications prior to installing the signs. 3.02 APPLICATION AND INTALLATION A. Apply reflective paint in accordance with MOT Specification 710-4. B . Apply thermoplastic compounds in accordance with MOT Specification 711-4 with the exception that the minimum dry film thickness in traffic wearing areas be 92 mils and the minimum dry film thickness in non traffic wearing areas be 60 mils. C. Apply reflective pavement markers in accordance with Sections 706 of the MOT Specifications. D. Install signs in accordance with Sections 700-8 and 700-9 of the MOT Specifications. 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, shall be corrected to the approval of the ENGINEER by the CONTRACTOR and at no additional expense to the OWNER. 3.04 PROTECTION A. Protection of newly painted stripes and markings shall be in accordance with MOT Specification Section 710-7, and shall be at no additional expense to the OWNER. END OF SECTION 02846-2 Page 2279 of 2350 Agenda Item #29. SECTION 02936 SODDING PART 1 - GENERAL 1.01 PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated for the following: 1. Preparation of subsoil. 2. Placing topsoil. 3. Fertilizing. 4. Sod installation. 5. Maintenance. 1.02 RELATED SECTIONS A. All of Division 1. B. Section 02210 — Grading. 1.03 REFERENCES A. FDOT - Florida Department of Transportation - Standard Specifications for Road and Bridge — Latest Edition. 1.04 QUALITY ASSURANCE A. Sod Producer: Company specializing in sod production and harvesting with a minimum five years of experience and certified by the State of Florida. B . Installer: Company approved by the sod producer. C. Sod: Minimum age of 18 months, with root development that will support its own weight, without tearing, when suspended vertically by holding the upper two (2) corners. D. Submit sod certification for grass species and location of sod source. 02936-1 Page 2280 of 2350 Agenda Item #29. E. The ENGINEER reserves the right to test, reject or approve all materials before application. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agencies for fertilizer. 1.06 DELIVERY, STORAGE, AND HANDLING A. Deliver products to site under provisions of Section 01600 — Material and Equipment. B. Store and protect products under provisions of Section 01600 - Material and Equipment. C. Deliver sod on pallets. Protect exposed roots from dehydration. D. Do not deliver more sod than can be laid within 48 hours. E. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. F. The CONTRACTOR shall furnish the ENGINEER invoices of all materials received in order that the minimum application rate of materials may be determined. 1.07 MAINTENANCE SERVICE A. Maintain sodded areas immediately after placement until grass is well established and exhibits a vigorous growing condition. PART 2 - PRODUCTS 2.01 MATERIALS A. Sod: 1. Sod shall be ASPA approved grade, Argentine Bahia, Tifton Bermuda, Floritam, or St. Augustine to match existing or better as directed, with firm texture having a compacted growth and good root development. 2. Sod shall be absolutely true to varietal type, and free from weeds or other objectionable vegetation, fungus, insects and disease of any kind. 3. Cut sod in area not exceeding 24 inches by 24 inches with minimum one (1) inch and maximum three (3) inch of topsoil base. 02936-2 Page 2281 of 2350 Agenda Item #29. 4. The sod shall be planted as soon as possible after being harvested and shall be shaded and kept moist from the time of harvesting to the time it is planted. B. Topsoil: 1. Excavated from site and free of weeds. 2. Topsoil to be minimum three (3) inches thick. C. Fertilizer: 1. In accordance with FDOT 982-1. D. Water: 1. Clean, fresh, and free of substances or matter, which could inhibit vigorous growth of grass. PART 3 -EXECUTION 3.01 INSPECTION A. Verify that prepared subsoil is ready to receive the work of this Section. 3.02 FERTILIZING A. Apply fertilizer in accordance with manufacturer's instructions. 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. Mix thoroughly into upper two (2) inches of topsoil. E. Lightly water to aid the dissipation of fertilizer. 3.03 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod tight with no open joints visible, and no overlapping; stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. C. Stake sod with lx2 stakes on all areas with slopes greater than one (1) vertical to 02936-3 Page 2282 of 2350 Agenda Item #29. five (5) horizontal. D. Coordinate sod installation with irrigation system components. 3.04 MAINTENANCE A. Water to prevent grass and soil from drying out. B. Immediately replace sod in areas, which show deterioration or bare spots. 3.05 APPROXIMATE AREA TO BE SODDED A. All construction areas disturbed by construction of the project except those areas receiving pavement, rock, or concrete. CONTRACTOR is to take into account his anticipated ditch width and pit sizes at the surface when accounting for the cost of this work. END OF SECTION 02936-4 Page 2283 of 2350 Agenda Item #29. SECTION 02937 SHRUBBERY &TREES PART 1- GENERAL 1.01— PERFORMANCE A. Section generally defines CONTRACTOR's responsibilities, unless otherwise indicated for the following: 1. Shrubbery and Tree installation and maintenance during the contract period. 2. Warranties. 1.02 RELATED SECTIONS A. All of Division 1 — General Requirements. B. Section 02210 — Grading. C. Section 02225 - Trenching, Bedding and Backfill for Pipe. 1.03 QUANTITIES, LOCATIONS AND SUBSTITUTIONS A. The ENGINEER reserves the right to adjust the number and locations of the designated types and species of plants or trees to be used at any of the locations shown. No substitution of plant or tree material types, specifications or sizes will be permitted without written authorization from the ENGINEER. The OWNER and/or ENGINEER reserve the right to not accept plant or tree material that does not, in the opinion of the OWNER and/or ENGINEER, meet the specifications herein. 1.04 WARRANTY A. Warrant all plant material for a period of two (2) years from the date of final acceptance against death and unhealthy condition. The warranty for all relocated or new trees shall be for a period of two (2) years from the date of final acceptance against death and unhealthy condition. Replacements shall be made with compatible size and quality of material at a time requested by or acceptable to the OWNER or ENGINEER. Any material rejected during the course of construction shall be removed within five (5) working days and replaced before the final inspection will be scheduled. Warranty on replacement plants shall be 90 days from the date of final acceptance of the replacements. Warranty on replacement trees 02937-1 Page 2284 of 2350 Agenda Item #29. shall be two (2) years from the date of final acceptance of the replacement trees. Any damage to graded or seeded areas created during replacement of plant material or trees shall be corrected by the CONTRACTOR. PART 2 - PRODUCTS 2.01 PLANT MATERIALS A. Provide sizes and specifications of plants and trees the same as those to be removed and replaced or as shown on plans. All shrubs and trees shall conform to the stand of Florida No. 1 or better as given the latest edition of Grades and Standards for Nursery Plants by Florida Department of Agriculture, Part I and II. Plant material shall also conform to the American Association of Nurserymen, Inc. (ANSI) Bulletin Z60.1 1009 and as revised. 2.02 FERTILIZER A. Fertilize trees, shrubs and ground covers with "Milorganite" or an approved complete fertilizer. Provide fertilizer uniform in composition, dry, and in a free flowing condition for application by suitable equipment, and deliver in unopened bags or containers, each fully labeled. 2.03 SUPER ABSORBENT POLYMER A. Utilize "Terra Sorb" or an approved equal as packaged in three (3) ounces, "Handy Pac" composed of synthetic acrylamide polymer, potassium, and acrylate. The polymer shall have a particle size of 1.0mm to 3.0mm and a water absorption rate of 300 times its own weight. 2.04 BACKFILL MIXTURE A. The backfill mixture shall consist of equal parts, by volume of, sand, topsoil and peat humus. B. Sand shall be clean, salt free, and contain no extraneous matter. C. Topsoil shall be friable fertile soil with representative characteristics of area soils. It should be free of heavy clay, silt, stone, excess lime, shell rock, plant spots, debris or other foreign matter. It shall not contain noxious plant growth (such as Bermuda, Torpedo, or Nut Grass). It shall test between the pH range of 5.0 to 7.0 unless otherwise specified and contain no toxic residue or substance that would endanger plant growth. If topsoil is not available on site, it shall be imported from local sources having soil characteristics similar to those found at the project site. Obtain topsoil only from naturally, well -drained sites where topsoil occurs in a depth of less than four (4) inches. 02937-2 Page 2285 of 2350 Agenda Item #29. D. Peat humus shall be decomposed peat with no identifiable fibers, or if available, muck may be substituted and shall be free from stones, excessive plant roots, debris or other foreign matter. Muck shall not be overly saturated with water. PART 3 - EXECUTION 3.01 WEEDS A. Prior to the installation of shrubs and trees, the planting area shall be free of weeds, grass, sod, debris, rocks or other materials, which would make the site unplantable. For final acceptance, the planted area shall be free of weeds. 3.02 FERTILIZATION A. Apply "Milorganite" fertilizer to the backfill mixture at 1/2 cup of fertilizer per each three gallons of backfill (or as recommended), completely mix the fertilizer into the backfill. 3.03 POLYMER APPLICATION A. Apply "Terra Sorb" polymer to the backfill mixture at one (1) pack (3 ounces) of polymer per each 20 gallons of backfill. Completely mix the polymer into the backfill. 3.04 PLANTING A. Shrubs and trees to be transplanted shall carefully be removed from their existing location without damaging the root system or the shrub or tree. Transplant shrub or tree as soon as possible after removal. If it is not feasible to immediately transplant, provide adequate conditions to maintain healthy condition during temporary storage. New shrubs shall match existing in size and type. B. Excavate pits or trench to one and one-half (IV2) times diameter of balls or containers, and three (3) inches deeper than required for positioning at proper height. Compact a layer of backfill mixture in bottom before placing shrubs. Container grown materials shall be planted within 48 hours after delivery to site. Place shrub and tree in pit and backfill around shrubs or trees with backfill mixture, compacted to eliminate voids and air pockets. Water thoroughly as layers are placed. Form a three (3) inches high berm of soil beyond the edges of excavation. Apply fertilizer and polymer as specified and then mulch with the type and thickness specified on the drawings. Place mulch if previously existed to match pre -construction conditions. C. Provide necessary stakes, guys and supports to properly support trees as required until solid root system is established. 02937-3 Page 2286 of 2350 Agenda Item #29. D. Prune shrubs and trees to remove damaged branches, improve natural shape, thin out and structure. Remove no more than 15 percent of branches. 3.05 GRADING A. The CONTRACTOR shall coordinate the installation and grading of topsoil to ensure the site is at finish grade prior to installing shrubs. 3.06 MAINTENANCE A. Maintenance and general clean up shall be performed daily. Maintenance shall include, but not be limited to, watering, weeding, cultivating, restoration of grade, removal of litter, mowing, pruning, resetting settled plants, removing, repairing, or replacing stakes and guys, protection from insects and diseases, fertilization and similar operations as needed to ensure normal growth and healthy plant and tree material. Maintenance shall begin after each plant is planted and shall continue for a minimum of 90 days from the date of final acceptance. END OF SECTION 02937-4 Page 2287 of 2350 DIVISION CONCRETE WORK Agenda Item #29. SECTION 03300 CONCRETE WORK PART 1 - GENERAL 1.1 DESCRIPTION OF WORK A. This Section includes all cast -in -place, steel reinforced and pre -cast concrete work as shown on the drawings and described within these specifications. B . The CONTRACTOR shall furnish all labor, materials, equipment and incidentals required to perform all cast -in -place concrete work, complete and in place. 1.2 QUALITY ASSURANCE A. Codes and Standards: Comply with the provisions of the following codes, specifications and standards, except where more stringent requirements are shown or specified: B . ACI 301 "Specifications for Structural Concrete for Buildings". C. ACI 318 "Building Code Requirements for Reinforced Concrete". D. ACI 347 "Recommended Practice for Concrete Formwork". E. Concrete Reinforcing Steel Institute, "Manual of Standard Practice". F. Workmanship: The CONTRACTOR is responsible for correction of concrete work which does not conform to the specified requirements, including strength, tolerances, and finishes. Correct deficient concrete as directed by the ENGINEER. G. Concrete Testing Service: CONTRACTOR shall employ a testing laboratory for material evaluation tests and to perform sampling and testing of concrete during placement. OWNER will pay for passing tests and CONTRACTOR pays for failing tests. H. Tests, not specifically indicated to be done at the OWNER's expense, including the retesting of rejected materials and installed work, shall be done at the CONTRACTOR's expense. I. Quality Control Testing During Construction: 1. Testing laboratory shall sample and test concrete for quality control during the placement of concrete as required by the drawings and specifications. 03300-1 Page 2289 of 2350 Agenda Item #29. 2. Test results will be reported in writing to the ENGINEER and the CONTRACTOR on the same day that tests are made. 3. Additional Tests: The testing service will make additional tests of in -place concrete when test results indicate the specified concrete strengths and other characteristics have not been attained in the structure, as directed by the ENGINEER. The testing service may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C-42, or by other methods as directed. CONTRACTOR shall pay for such tests conducted, and any other additional testing as may be required, when unacceptable concrete is verified. PART 2 - PRODUCTS 2.1 FORM MATERIALS A. Forms: Unless otherwise shown or specified, construct formwork for exposed concrete surfaces with plywood, metal, metal -framed plywood faced or other acceptable panel type materials, to provide continuous, straight, smooth, exposed surfaces. B. For Coatings: Provide commercial formulation form coating compounds that will not bond with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatments of concrete surfaces to be cured with water or curing compound. 2.2 REINFORCING MATERIALS A. Reinforcing Bar: ASTM A-615, Grade 60 deformed, free from oil, scale and rust and placed in accordance with the typical bending diagram and placing details of ACI standards and specifications. B. Steel Wire: ASTM A-82, plain, cold -drawn steel, free from oil, scale and rust and placed in accordance with the typical placing details of ACI standards and specifications. Minimum lap shall be one space plus two inches. C. Welded Wire Fabric: ASTM A-185, flat mat welded steel wire fabric. D. Supports for Reinforcement: Use wire bar type supports complying with CRSI recommendations, unless otherwise indicated. Wood, brick and other devices will not be acceptable. 03 3 00-2 Page 2290 of 2350 Agenda Item #29. 2.3 CONCRETE MATERIALS A. Portland Cement: ASTM C-150, Type II unless otherwise acceptable to ENGINEER. B. Normal Weight Aggregates: ASTM C-33, and as herein specified. Provide aggregates from a single source for all exposed concrete. C. Fine Aggregate: Clean, sharp, natural sand free from loam, clay, lumps or other deleterious substances. D. Maximum Aggregate Size: Not larger than one (1) inch nor three -fourths (3/4) of the minimum clear spacing between individual reinforcing bars or bundles of bars, except when approved otherwise by ENGINEER. E. Water: Clean, fresh, and potable. F. Air -Entraining Admixture: ASTM C-260. G. Calcium Chloride: Calcium chloride for admixtures shall not be permitted. H. Moisture Barrier: Polyethylene sheet not less than six (6) mils thick, ASTM E-154. I. Moisture Retaining Cover: One of the following complying with ASTM C-171. 1. Waterproof paper. 2. Polyethylene film. 3. Polyethylene coated burlap. J. Membrane Forming Curing Compound: ASTM C-309 clear, unless other type acceptable to the ENGINEER. K. Curing and Sealing Type: (For Horizontal Surfaces) 1. Dress and Seal: L & M Construction Chemicals. 2. Super Floor Coat: The Euclid Chemical Co. 3. Masterseal 66: Master Builders. 4. DeKote 800: W.R. Grace & Co. 5. Kure-N-Seal 0800: Sonneborn/Contech. 03300-3 Page 2291 of 2350 Agenda Item #29. L. Moisture Barrier: Provide six (6) mil polyethylene sheet, resistant to decay when tested in accordance with ASTM E-154. 2.4 PROPORTIONING AND DESIGN OF MIXES A. Concrete shall be an approved mix design proportions to achieve a strength at 28 days of 3,000 psi, or as otherwise specified, with a plastic and workable mix. B . Prepare design mixes for each type and strength of concrete in accordance with applicable provisions of ASTM C-94. C. Proportion mixes by either laboratory trial batch or field experience methods, using materials to be employed on the project for each class of concrete required, complying with ACI 211.1. D. Submit written reports to the ENGINEER of each proposed mix for each class of concrete at least 15 days prior to start of work. A number or code unique to that mix shall identify each mix design. E. Design mixes to provide normal weight concrete with the 28-day psi compressive strength as indicated on drawings and within these specifications. F. Admixtures: Use air entraining admixture in all exterior exposed concrete, unless otherwise indicated. Add air entraining admixture at the Manufacturer's prescribed rate to result in concrete at the point of placement having air content within the following limits: 1. All concrete three (3) percent to five (5) percent unless otherwise approved by ENGINEER. G. Use admixtures for water reducing and set control (with written permission of ENGINEER). 2.5 CONCRETE MIXING A. Ready -Mix Concrete: Comply with the requirements of ASTM C-94 and as herein specified. 2.6 CONCRETE TESTING A. An independent testing laboratory shall perform the following tests on cast -in -place concrete. 1. Standard Test Method for slump of Portland Cement concrete in accordance to ASTM C143. 03 3 00-4 Page 2292 of 2350 Agenda Item #29. 2. Standard Test Method for compressive strength of cylindrical concrete specimens in accordance to ASTM C39. B. A separate test shall be conducted for each class of concrete and for every 50 cubic yards (or fraction thereof), placed per day. C. Required cylinder(s) quantities and test age are as follows: 1. 1 at 7 days. 2. 2 at 28 days. 3. 1 hold cylinder. 2.7 CHEMICAL ANCHORS A. Chemical anchors shall be an epoxy polymer injection system, installed in accordance with the Manufacturer's instructions. Installers shall be trained by the Manufacturer's representative. 2.8 PRE -MOLDED EXPANSION JOINT MATERIAL AND SEALANT A. Sealant material shall be Sonolastic NP-1 or Sikaflex-15 LM, or approved equal. Apply in strict conformance to manufacturer's instructions. Maximum depth, 1/2- inch. B . Expansion joint material shall be resilient, non -extruding type premolded impregnated fiberboard complying with ASTM D-1751, FSHN-F-341, Type I and AASHTO M213. C. Plumbing sleeves: Minimum sleeve spacing shall be two (2) diameters, center to center of the larger sleeve or six (6) inches clear between sleeves, whichever is greater. 2.9 GROUT FOR ABANDONMENT OF PIPING A. Grout shall be made with Type II Portland Cement, masonry sand, properly sized clean aggregate and potable water. In no case shall local on -site sand / dirt, rock or stones or non -potable water be utilized. PART 3 - EXECUTION 3.1 GENERAL A. Construct forms complying with ACI 347 to sizes, shapes, lines, and dimensions 03300-5 Page 2293 of 2350 Agenda Item #29. shown and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. B. Unless otherwise shown, Chamfer exposed corners and edges 3/4-inches, using wood, metal, PVC, or rubber chamfer strips fabricated to produce uniform smooth lines and tight edge joints. C. Form Ties: Factory fabricated, adjustable length, removable or snap off metal form ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. 3.2 PLACING REINFORCEMENT A. Accurately position, support and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as required. Comply with ACI 301 and 318. 3.3 JOINTS A. Construction Joints: Locate and install construction joints, which are not shown on the drawings, so as not to impair the strength and appearance of the structure, as acceptable to the ENGINEER. B. Place construction joints as indicated on the structural drawings. C. Isolation Joints in Slabs -On -Grade: Construct isolation joints at all points of contact between slabs on ground and vertical surfaces where shown on the structural drawings. D. Control Joints in Slabs -on -Grade: Construct control joints in slabs -on -ground to form panels of patterns as shown. See typical detail on structural drawings. E. Saw cuts shall be made as soon as possible after final troweling without dislodging aggregate, normally 12 hours. F. Expansion Joints: Provide expansion joints as shown. Install premolded filler as specified. 3.4 INSTALLATION OF EMBEDDED ITEMS A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by, cast -in -place concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of the items to be attached thereto. 03300-6 Page 2294 of 2350 Agenda Item #29. B. No penetrations shall be made in any structural members other than those located on these drawings without previous approval of the ENGINEER. 3.5 PREPARATION OF FORM SURFACES A. Coat the contact surfaces of forms with a non -staining form coating compound before reinforcement is placed. 3.6 CONCRETE PLACEMENT A. General: Comply with ACI 304 and as herein specified. Subgrades shall be inspected and approved before concrete is placed for concrete poured on grade. Forms and reinforcing shall be inspected and approved prior to concrete placement. B. Consolidate placed concrete by mechanical vibrating equipment supplemented by hand spading, rodding or tamping. Use equipment and procedures for consolidation of concrete in accordance with the recommended practices of ACI 309, to suit the type of concrete and project conditions. The use of vibrators or other mechanical devices to move the concrete in the forms is not permitted. Concrete shall be deposited as near its final location as practical. C. Hot Weather Placing: When hot weather conditions exist that would seriously impair the quality and strength of concrete, place concrete in compliance with ACI 305. 3.7 FINISH OF FORMED SURFACES A. Rough Form Finish: For formed concrete surfaces not exposed to view in the finish work or by other construction, unless otherwise indicated. This is the concrete surface having the texture imparted by the form facing material used, with tie holes and defective areas repaired and patched and fins and other projections exceeding 1/4-inches in height chipped off, defective areas, honeycomb and tie holes filled and repaired with cement grout. B. Smooth Form Finish: For formed concrete surfaces exposed to view, or that area to be covered with a coating material applied directly to the concrete, or a covering material bonded to the concrete, such as waterproofing, damp -proofing, painting, or other similar system, to have the as -cast concrete surface obtained with selected form facing material, arranged orderly and symmetrically with a minimum of seams. Repair and patch defective areas with all fins or other projections completely removed and smoothed, and all tie rod holes grouted flush, all honeycomb cut out and patched with grout. C. Related Unformed Surfaces: At tops of walls, horizontal offsets and similar unformed surfaces occurring adjacent to formed surfaces, strike -off smooth and 03300-7 Page 2295 of 2350 Agenda Item #29. finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise shown. 3.8 MONOLITHIC SLAB FINISHES A. General: Comply with ACI 301 for the specified finish specification and methods. The use of jitterbugs for finishing slabs will not be permitted. 3.9 TYPE OF FINISHES AND TOLERANCES A. Trowel Finish: For floors intended as walking surfaces or for reception of floor coverings. Class by tolerance 5/16 inches in 10'-0", %-inches in 20'-0", and +/- 3/4- inches total building. B. Broom or Belt Finish: For sidewalks, steps, platforms, and ramps. Class by tolerance (5/16 inches in 10'-0"). 3.10 MOISTURE BARRIER A. Where a moisture barrier is shown under concrete slabs on grade, install 6 mil thick polyethylene sheets, with joints lapped and taped. Place moisture barrier three (3) inches below bottom elevation of slab, and place a three (3) inches thick, clean, sand bed over moisture barrier for slab placement. 3.11 CONCRETE CURING, SEALING AND PROTECTION A. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 72 hours. B. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least seven (7) days in accordance with ACI 301 procedures. Avoid rapid drying through the end of final curing period. C. Curing Methods: Perform curing of concrete by moisture retaining cover curing, by membrane curing, and by combinations thereof, as herein specified. 1. Provide Moisture Cover Curing as follows: Cover concrete surfaces with moisture retaining cover for curing concrete, placed in widest practicable width with sides and ends lapped at least three (3) inches and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 03300-8 Page 2296 of 2350 Agenda Item #29. 2. Provide Membrane Curing to Slabs as Follows: a. Apply membrane forming curing compound to concrete surfaces as soon as final finishing operations are complete (within 2 hours). Apply uniformly in continuous operation by power spray or roller in accordance with manufacturer's directions. Recoat areas, which are subjected to heavy rainfall within three (3) hours after initial application. Maintain continuity of coating and repair damage during curing period. b. Curing Formed Surfaces: Cure formed concrete surfaces by moist curing with forms in place for full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. C. Sealing Concrete Floors: Clean surfaces of all foreign material, oil and grease. Apply an additional coat of cure and seal material, same as used to cure concrete surfaces to all floors not receiving other finish. Apply at rate recommended by manufacturer. 3.12 REMOVAL OF FORMS A. Comply with ACI 301 and 318 and structural notes for removal of forms. 3.13 CONCRETE SURFACE REPAIRS A. Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removal of forms, but only when acceptable to ENGINEER. END OF SECTION 03300-9 Page 2297 of 2350 APPENDIX A PERMITS Agenda Item #29. Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Frori3d HEALTH Vision: To be the Healthiest State in the Nation Notification of Acceptance of Use of a General Permit Permitee: Matthew Hammond, P. E. Utility Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Dear Mr. Hammond: Ron DeSantis Governor Scott A. Rivikees, MID State Surgeon General Permit Number: 138296-049-DSGP Issue Date: 04/28/2022 Expiration Date: 04/27/2027 County: Palm Beach Project: Water Main Replacement Program Project 1 & 4 Water Supplier: Village of Tequesta PWS ID: 4501438 On April 22, 2022 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" PEP Form No. 62- 555.90 1, under the provisions of Rule 62-4.530 and Chapter 62-555, Florida Administrative Code {F.A.c.). The proposed project includes: Replacement of approximately 11,200 L F of 4" -10" asbestos cement water main with 4"-10 PVC and HDPE potable water main and all appurtances to improve the distribution system located within 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. F.A.C.,, all applicable rules in Chapters 62-4, 62-550, 62-5557 F.A. C. , and the General Conditions for All General Drinking Water Permits (found in 62-4.540. F.A.C.). 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 #3. Please be aware that a notification is required to be submitted to the Department for a regulated project. Florida Department of Health Palm Beach County, Division of Environmental Public Health P,O, Box 29, 800 Clematis Street, West Palm Beach, FL 33402 PHONE: 561-837-5900 - FAX: 561-837-5294 FloridaHealth.gov, Filhealthpaimbeach.org Accredited Health Department Public Health Accreditation Board Page 2299 of 2350 AgenehFft#l2%e of Tequesta Permit/Certification No.: 138296-049-DSGP Matthew Hammond, REP 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 62-555.345. F.A.C., the permittee shall submit a certification of construction completion [CEP Form No. 62-555.900(9-11 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.A.C. All backflow preventors to be USC approved. All water main pipe, including fittings, installed on or after August 28, 2003, except pipe installed under a construction permit for which the Department received a complete application before August 281 2003, shall be color coded or marked using blue as a predominant color to differentiate drinking water from reclaimed or other water. Underground plastic pipe shall be solid -wall blue pipe, shall have a co -extruded blue external skin, or shall be white or black pipe with blue stripes incorporated into, or applied to, the pipe wall; and underground metal or concrete pipe shall have blue stripes applied to the pipe wall. Pipe striped during manufacturing of the pipe shall 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 shall 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 pipes with an internal diameter of 24 inches or greater, tape or paint shall be applied in continuous lines along each side of the pipe as well as along the top of the pipe. Aboveground pipe at drinking water treatment plants shall be color coded and labeled in accordance with subsection 62-555-320(l 0), F.A.C., and all other aboveground pipe shall be painted blue or shall be color coded or marked like underground pipe. Sincerely, i') Fot the Division Direr or J,orge 'Palino, P.E., Environmental Administrator Division of Environmental Public Health JH/JP c: Project Engineer: Stephen Fowler, P.E. Utility: Same Page 2300 of 2350 Agendwfte #1 a of Tequesta Perm itiCertification No.: 138296-049-DSGP Matthew Hammond, P.E., Utility Director Civil Penalty May Be Incurred if this pEo ject is placed into operation before obtainin-g-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 62-555.9 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 (66} days of completion of construction, from locations within the distribution system or water main extension to be cleared, in accordance with Rules 62-555.315(6), 555.340, 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. 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. For further clarification contact: Mark Peters Engineering Specialist III Florida Department of Health Palm Beach Plan Review & Permit Section 800 Clematis Street, 4 th Floor West Palm Beach, FL 33401 561-837-5934 Page 2301 of 2350 Age A C, 0 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 BEGINNING 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 (ACH[D) 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 perrmit 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 Except 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 engineers licensed in Florida. t Non-contiguous 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 of Project: Water Main Replacement Program Project No. 1 & No. 4 B. Description of Project and Its Purpose: Replacement of approximately 11,200 linear feet of 4-inch through 1 0-inch asbestos cement (AC) water main. Project will include installation of new PVC and HDPE water main 4-inch through 12 inch in diameter, 14 fire hydrants, 38 temporary sample points, and Iof approximately 70 services. 'V #Xt! D APR 2 2 2022 C. Location of Project ��D@pmlmont OfRWtha ABC 1. County Where Project Located- Palm BeachU's 2. Description of Project Location: rian Re Within the Village of Tequesta, along Tequesta Drive from Fiesta Ave west to Country Club Drive. Country Club Drive north to Country Club Circle. As well as select side streets east of Country Club Drive (Country Club Cir, Tradewinds Cir, Leeward Cir) d% q,2n D. Estimate of Cost to Construct Project., 1,2327000.00 E. Estimate of Dates for Starting and Completing Construction of Project: Starling: June 2022, Completion: June 2023 F. PermAtee PWS/Company Name: Village of Tequesta Utilities I PWS Identification No.:* 4501438 PWS Type:* R Community M. —Non-Transient Non -Community Transient Non -Community IJ Consecutive Contact PersonNathew Hammond, PE Contact Person's Title: Utilities Director Contact Person's Mailing Address-.345 Tequesta Drive Ci!yjequesta State: FL Zip Code:33469 Contact Person's Telephone Number: 561-768-0459 Contact Person's Fax Number: Contact Person's E-Mail Address: MHammondCaDTequesta.org * This information is required only if the permittee is a public water system (PWS). G. Public Water Svstem (PWS) Surmlvine Water to Project PWS Name: Village of Tequesta Utilities PWS Identification No.: 4501438 PWS Type: _1_■1 Commum!y E]Non-TransientNon-Community [I Transient Non -Community Consecutive PWS Owner: Village of Tequesta Utilities Contact Person: Mathew Hammond, PE AContact Person's Title: Utilities Director Contact Person!s Mailing Address: 345 Tequesta Drive Citv: Tequesta State: FL Zip Code: 33469 Contact Person's Tel.e hone Number: 561-768-0459 J Contact Person's E-Mail Address: MHammond@DTequssta.org Contact Person's Fax Number: DEP Faffn 62-555.900(7)Aftemate Page I Page 2302 of 2350 Effective August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro i ect Name: Water Main Replacement Program Project No. 1 & No. 4 1 Perrnittee: Village of Tequesta Utilities H. Public Water Svstem (PWS) that Will awn Proiect After It Is Placed into Permanent OQeration PWS Name -Village of Tequesta Utilities PWS Identification No.:* 4501438 PWS Type:* _■. Community r7 Non -Transient Non -Community Transient Non -Community Consecutive PWS OwnerNillage of Tequesta Utilities Contact Person: Mathew Hammond, PE TContact Person's Title: Utilities Director Contact Person's Mailing Address:345 Tequesta Drive Ci :Tequesta State: FL Zip Code:33469 Contact Person's Telephone Number:561-768-0459 Contact Person's Fax Number: Contact Person's E-Mail Address: wammond@Tequesta.org * This information is required only i f the ownerloperator is an existing PWS. 1. Professional EnLyineer(s) or Other Person(s) in Rest)onsible Charp-e of DesiLyninf4 Proiect* Cam anv Name: Holtz Consulting Engineers Designer(s): Stephen Fowler, PE Title(s) of Designer(s): Principal Engineer Qualifications of Designer(s): ElProfessional Engineer(s) Licensed in Florida — License Number(s): 69039 Public Officer(s) Employed by State, County, Municipal, or Other Governmental Unit of Statet Plumbing Contractor(s) Licensed in Florida — License Number(s):A Mailing Address of Designer(s): 270 South Central Boulevard, Suite 207 City: Jupiter State: FL Zip Code:33458 Tele phone Number of Designer(s):561-575-2905_ Fax Number of Designer(s):561-575-2009 E-Mail Address(es) of Designer(s): Stephen. FowlerHoltzConsulti n * Except as noted in paragraphs 62-555. 520(3) (a) and (b), F.A. C'., projects shall be designed under the responsible charge o f one or more professional engineers licensed in Florida. t Attach a detailed construction cast estimate showing that the cost to construct this project is $10, 000 or less. ^ Attach documentation showing that this project will be installed by the plumbing contractor(s) designing this project, documentation showing that this project involves a public water system serving a single property and fewer than 250 jrxture 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 the Entire Area to Be Served by the Water Mains Being Constructed Under this Project: D = Total Average C = Average Daily Daily Watei Demands, Water Demand Per gpd (Columns BxC for E = Total Maximum- B = Number of Service Service Connection, Residential Service Day Water Demandb, A= Type of Service Connection Connections gpd Connections) g pd Single -Family Home d Mobile Home 0 Apartment 0 Commercial, Institutional, or Industrial Facility" Total 1 o 1 1 a 1 o a. Description of Commercial, Institutional, or Industrial Facilities and Explanation of Method(s) Used to Estimate Average Daily Water Demand for These Facilities: No additional connections to PWS will be added. b. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Maximum -Day Water Demand: N/A DEP Form82-555.900(7)Alternate Page 2 Page 2303 of 2350 Effective August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Project Name*.Water Main Replacement Program Project No. 1 & No, 4 1 Permittee: Village of Tequesta Utilities 2. Explanation of Peaking Factor(s) or Method(s) Used to Estimate Design Peak -Hour Water Demand and, for Small Water Systems that Use Hydropineumatic Tanks or that Are Not Designed to Provide Fire Protection, Peak Instantaneous Water Demand: N/A 3. Design Fire -Flow Rate and Duration: NZA 4. Design Service Pressure Range: N/A 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 Be Aggressive: Proposed water mains do not have any surface water crossings and are not located in any Known aggressive soils. C. Information About Compliance with Design and Construction Requirements 1. If this project is being designed to comply with the following requirements, initial in ink before the 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 by rule, mark "W" before the requirements and complete Part II.C.2 below. RSWW= Recommended Standards fear Water Works 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; exceptions allowed under FAC 62- 555-330] 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 (AWWA) standards. [FAC 62-5 5 5.3 2 0 (2 1)(b), RSWW 8 - 0, and AWWA standards as incorporated into FAC 62-5 5 5.3 3 0; exceptions allowed under FAC 6 2- 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 61 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(3)(b); exceptions allowed under FAC 62-555.320(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 62-555.322] e. All pipe and pipe fittings installed under this project will be 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 -extruded blue external skin, 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 wifl be color coded or marked like underground pipe.) [FAC 62- 555.320(21)(b)3] 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 ALTERED WATER MAINS WITH AN INSIDE DIAMETER OF LESS THAN THREE INCHES. [FAC 62-555.320(21)(b) and RSWW8.11 DEP Form 62-555.900(7)Altemate Page 3 Page 2304 of 2350 Effective August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro i ect Name:Water Main Replacement Program Project No. 1 & No. 4 1 Permitter: Village of Tequesta Utilities _._0071 9- 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 62-555.320(21)(b) and RSWW8.1.21 h. New or altered water mains that are included in this project and that are not being designed to carry fire flows do not have fire hydrants connected to them. [FAC62-555.320(21)(b)and RSWW8.1-5] 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 RSWW8.1.6.a] j. New or altered dead-end water mains included in this project will be provided with a fire or flushing hydrant or blow -off for flushing purposes. [FAC 62-555.320(21)(b) and RSWW8.1.6.bJ k. Sufficient valves will be provided on new or altered water mains included in this project so that inconvenience and sanitary hazards will beninimized during repairs. [FAC 62-555.320(21)(b) and RSWW8.2] 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 62-555.320(21)(b) and RSWW8.3.3] 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, stormwater force main, pipeline conveying reclaimed water regulated under Part III of Chapter 62-6 10, F.A.C., or vacuum -type sanitary sewer; YIng at least six feet from any existing or proposed gravity- or pressure -type sanitary sewer, wastewater force main, or pipeline conveying reclaimed water not regulated under Part III 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 relief valves, and automatic air relief valves will not be used in situations where flooding of the valve manhole or chamber may occur. [FAC 62-555.320(21)(b) and RSWW8.4,1] 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)(b) and RSWW8.4.2] p. New or altered chambers, pits, or manholes that contain valves, 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 -offs or air relief valves installed under this project will not be connected directly to any sanitary or storm sewer. [FAC 62-555.320(21)(b) and RSWW8.4.3] q. New or altered water mains 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),IRSWW8.5.1,1 and AWWA standards as incorporated into FAC 62-555.330] r. A continuous and uniform bedding will be provided in trenches 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(21)(b),,RSWW8.5.21 s. All water main tees, bends, plugs, and hydrants installed under this project will be provided with thrust blocks or restrained joints to prevent movement. [FAC 62-555.320(21)(b) and RSWW8.5.4] t. New or altered water mains that are included in this project and that will be constructed of asbestos -cement or polyvinyl chloride pipe will be pressure 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 altered water mains included in this project will be pressure and leakage tested mi accordance with AWWA Standard C600 as incorporated into Rule 62-555.330. [FAC 62-555.320(21)(b)1 and AWWA standards as incorporated into FAC 62-555.330] u. New or altered water mains, including fire hydrant leads and including service lines 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 62-555.320(21)(b)2 and FAC 62- 555.340] v. New or altered water mains that are included in this project and that will be installed in areas where there are known aggressive soil conditions will be protected through use of corrosion -resistant water main materials, through encasement of the water mains in polyethylene, or through provision of cathodic protection. [FAC 62- 555.320(21)(b) and RSWW8.5.7.dJ [CEP Form 62-555.9 00(7)Afte mate Page 4 Page 2305 of 2350 EffeLlive August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro 4 ect Name: Water Main Replacement Program Project No. 1 & No. 4 1 Permittee: Village of Tequesta Utilities 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 vacuum - type sanitary sewer, storm sewer, stormwater force main, or pipeline conveying reclaimed water regulated under Part III of Chapter 62-610, F.A.C.; a horizontal distance of at least six feet between the outside of the water main 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 of the water main will be laid at least six inches above the to of the 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 Part III of Chapter 62-610, F.A.C.; and a horizontal distance of at least ten feet between the outside of the water main and all parts of any existing or proposed "on -site sewage treatment and disposal system." [FAC 62-555.314(l); exceptions allowed under FAC 62-555.314(5)] x. New or relocated, underground water mains that are included in this project and that will cross any existing or proposed gravity- or vacuum -type sanitary sewer or storm sewer will be laid 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 stormwater force main, or pipeline conveying reclaimed water 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); Co ot exceptions allowed under FAC 62-555.314(5)] y. At the utility crossings described in Part II.C. Lw above, one full length of water main pipe will be centered above or below the other pipeline so the water main joints will be as far as possible from the other pipeline or 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 III of Chapter 62-6 10, 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 III of Chapter 62-6 10, F.A.C. [FAC 62-555.314(2); exceptions allowed under FAC 62-555.314(5)] 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 freezing, and accessible for repair or replacement. [FAC 62-555.320(2 1)(b) and RSWW 8.7. 1] aa. New or altered water mains that are included in this project and that will cross under surface water will have a minimiu-n cover of two feet. [FAC 62-555.320(2 1)(b) and RSWW 8.7.2] 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 underwater main 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 permanent 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 main. [FAG 62-555.320(21)(b) and RSWW 9.7.21 cc. This project is being designed to include proper backflow protection at those new or altered service connections where backflow protection is required or recommended under Rule 62-555.360, F.A.C., or in Recommended Practice for Backj7ow Prevention and Cross -Connection Control, AWWA Manual M 14, as incorporated into Rule 62-555.330, F.A.C.; or 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 under Rule 62-555.3601 F.A.C., or in AWWA Manual M14. [FAC 62-555.360 and AWWA Manual M14 as incorporated into FAC 62-555.330) dd. Neither steam condensate, cooling water from engine jackets, nor water used in conjunction with beat exchangers will be returned to the new or altered water mains included in this project. [FAC 62-555.320(21.)(b) and RSWW8.8.2] DEP Form 62-555.9 00(7)Alte mate Page 5 Page 2306 of 2350 Effective August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE of INTENT To USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro i ect Name: Water Main Replacement Program Project No. 1 & No. 4 1 Permittee: Village of Tequesta Utilities 2. Explanation for Requirements Marked " " in Part II.C. I Above, Including Justification, Documentation, Assurances, and/or Alternatives as Required by Rule for Exceptions to Requirements in Part II.C.1: Z - hh: No surface water crossings are present in this project. I completed Part II of this notice, and the information provided in Part II and on the attachment(s) to Part II is true and accurate to the best of my knowledge and belief. Signature, Seal, and. Bate of Professional Engineer (PE) or Signature and Date of Other Person in Responsible Charge of Designing Project.-* VkEN R # PO *'O�f ,. rA F . s •. . + ~� � f � a Ago Rio, �� aw MOP waft R 4100 top GOP 6 0 .: \ *,1 NA L `��e�l1111111iL'1�1 Printed./Typed Name: Stephen Fowler, PE License Number of PE or License Number or Title of Other Person in Responsible Charge of Designing Project.-* 69939 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-,* Prxnted/Ty ed Name: 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: * Except 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 PEs licensed in Florida. If this project is being designed under the responsible charge o. f one or more PEs licensed in Florida, Part II vy f `this notice shall he completed, signed, sealed, and dated by the PE(s) in responsible charge. If this project is not being designed under the responsible charge of one or more PEs licensed in Florida, Part II shall be completed, signed, and dated by the person s) in responsible charge of designing this project. DEP Farm 62-555.900(7)Altemate Page 6 Page 2307 of 2350 Effective August 28, 2003 (Updated 'September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs I Project Name'. Water Main Replacement Program Project No. 1 & No. 4 1 Permittee: Village of Tequesta Utilities Ill. Certifleatloils A. Certification by Pern 'ttee I am duly authorized to sign this notice on behalf of the permittee identified in Part LF 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 not 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(l), F.A.C.; or 9 construction of water mains that will remain dry following completion of construction, (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 permittee 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. I 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 o -ration for any purpose other than disinfection or testing for leaks. Mathew Hammond, PE z! Utilities Director StgnAire' and Date Printed or Typed Name Title B, Certification by PWS Supplying Water to Project I am duly authorized to sign this notice on behalf of the PWS identified in Part LG of this notice. I certify that said PWS will supply the water necessary to meet the design water demands 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 certify that said PWS is in compliance with applicable planning requirements in Rule 62-555.348, 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.C.; ftuthermore, I certify that, to the best of my knowledge and belief, said PWS's connection to this project will not cause said PWS to be in noncompliance with Chapter 62-550 or 62-555, F.A.C. T 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. a Name(s) of Water Treatment Plant(s) to Which this Project Will Be Connected: Village of Tecluesta Water Treatment Plant Total Permitted Maximum Day Operating Capacity of Plant(s), gpd: 6,330,000 gpd Total Maximum Day Flow at Plant(s) as Recorded on Monthly Operating Reports During Past 12 Months, gpd: 3,200,000 gkd Signabre an to Mathew Hammond, PE 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 that said PWS considers this project acceptable as designed. Mathew Hammond, PE Utilities Director Signature and Date Printed or Typed Name Title DEP Form 62-555.900(7)Nte rn ate Page 7 Page 2308 of 2350 Effecdve August 28, 2003 (Updated September 8, 2015) Agenda Item #29. NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS FOR PWSs Pro* ect Name: Water Main Replacement Program Project No. 1 & No. 4 Permittee: Village of Tequesta Utilities D. Certification by Professional Engineer(s) in Responsible Charge of Designing Project* L 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 not 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 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(l), F.A.C.; or • construction of water mains that will remain dry following completion of construction. (A soecific construction Permit is rcuuired for eacbDroiect invol inp, any of the above listed construction work.) Signature, Seal, and Date: R. z Oro !fo�, C r NS �oprr' SF 39 %ft • 10 - 4 $TAX 0, 0.6 04, 0 R I ID 0' Printed/Typed Name:Stephen Fowler, PE License Number: 69039 Portion of Preliminary Design Report for Which Responsible: Entire Signature, Seal, and Date.- Printed/Typed Name: License Number: Portion of Preliminary Design Report for Which Responsible: Except 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 engineers (PEs) licensed in Florida. If this project is being designed under the responsible charge of one or more PEs licensed in Florida., Part UID of this notice shall be completed by the PE(s) in responsible charge. If this project is not being designed under the responsible charge of one or more .PEs licensed in Florida, Part IUD does not have to be completed. DEP Form 62-555.900(7jMternate Page 8 Page 2309 of 2350 Effective August 28, 2003 (Updated September 8, 2015) APPENDIX B UNDERGROUND UTILITY LOCATES 1 U) W O w 0- coOf0 Q O 1 O z Z Z pf ui y i z z W W J w 3: Z CO .lC O LU LU Lu 411 Q Q LL a W r W J < W , r m O W W !" ' U • C� > Z H J Q Q p Q W of U U H z i. W U) O O < 4.17 W q ,h J U) W 0❑ (D p Z U J H = w U U) J Z!, W Q o _{ r CD MEW F- ry ir AL a, I .. I �� _. - ■yr9r � i F yI e a a O � O � ca j N O N .� UCo N }, y Lco+1 ,a. Co }' � �+� Off}' Q O r N O (D a O cm-0 c Q O Q Y _z a O z z Z w � Z_ W J W O > Z w Q C/) 0 LU J 0 w L JH Q W w LU W Z) J m Q W O 2 > u1 O U H 0 O U O J_ O Q W H U F- J w ir' lei 1 II P ti F ., e cn lb e.. r (n U U) ,. ' z � a Q 1 _ LL 9 LU Q # I U.� LLI af LL LU U'. ., }, d+ z ACl LLI i { }0 I O W m r v, .. z �� 7 Co 2 ^ 1 (n.. ^^O rL.Ln 5- 4--+ co n • a P " - S. jl t i • . - -r i , "It IL16 r a w • F vw�. sT. �. h � e ,r G 6 f m e� U)�_ *L[ p W W' O w m p , O ¢ - m ! 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' Page 23 • y IL AL i I a , •. , .. Y ' it a 4 , ; . . �' I r { " i ■ iR 4 .. 46 . _ . lot Y r F if 16 rr � 14 ■ ■ -o a :_ 1 • 00 PAIM 4 3 4 1 , . • 1.- f $ i u r • ° y ss f 1' it R n Norfolk Ave -4. ilk AdAL jjj - F t r � Ii4 y d� • t F° .f - 16 • � t ° Ir Moor y •* • " y a Evergreen Ave No Text LLJ w Ua � oa Y 0 _Z Y LU Z LZ LL J w 3z w Q c� C/) 0 LU w J 2 W J~ a a L�U/ I..I— w LU w J Q m rzw ToC) > H J O U H 3: J 0 0 Q J U) w U PER r• �� k • } � �� i��l � _s .M1 - . .,Y' 3 All f Oti 1 IF s 'e 4g Ave , P yJ ^ €gyp • r Rmin rd w w U v) I �.*ft _ � - - - Z - ti w \` /1- t Y 47 It t4 , 1 I-T - j4 FFFF f • �' " , .II yl T -a s , *+1 F Y 'T III P'°. •': — Yv± °-.. ir •�. I , 1 3 T +! ^Y T r • 'F —. � : wfi- �°' yam' � T r �.� a - _ �I - p �7I �� •WWW' ^� F Imp Ti i 'Y r All a. , 0 ° 9 ya. tiw ° I 57 SkM I ° Fj 16 p aa�pll6 ti R r 4 AL s N MAQ II r W Q CQ < C2 L r Q _ i CO s Y O dt LL V i Z J j — W W W Z U) y W CD U) 0LU _ F LU QLL _ . U z W W 0 w C) J Q w Off LL co C F /W/ w > W Q it Q 0 Q W �I � OU U � Z O Q: w J � � O OQ w w Q� co YS` a Q yam, a Q, 0 F- W U U)1 `ti g W o w z _ 7 Q i - w s - ,. OPIL OEM -71 �i Z r C_^l n lk ■ e 9 A i A 5 w ++f r _ L yy i it A APPENDIX C GEOTECHNICAL INVESTIGATION Agenda Item #29. :ERFGE0_J January 13, 2021 Holtz Consulting Engineers, Inc. 270 South Central Blvd., Suite 207 Jupiter, FL 33458 Attn: Mr. Stephen Fowler, P.E., CGC email: Stephen.FowlerkHoltzConsultin -g com RE: Geotechnical Engineering Study Water Main Replacement Project WM-01 & WM-04 Village of Tequesta, Florida TSF File No. 7111-20-438 Dear Stephen: TIERRA SOUTH FLORIDA, INC. (TSF) is pleased to present the results of Geotechnical Engineering Study Report for the referenced project. This report includes the results of field exploration and geotechnical recommendations for proposed project, as well as general site development. EXECUTIVE SUMMARY A geotechnical exploration and evaluation of the subsurface conditions have been completed for the proposed Water Main Replacement Project WM-01 & WM-04 in the Village of Tequesta, Florida. A total of six (6) Standard Penetration Test (SPT) borings were extended to a depth of approximately 15 feet below grade. All borings had topsoil at the surface. The subsurface conditions beneath the topsoil consisted of gray to brown sand, with a Unified Soil Classification of SP, with occasional trace amounts of limerock. Based on the SPT N-Values recorded, the soils generally have a relative density of loose to medium -dense, with one layer existing in the very -loose condition at the surface. The ground water was generally encountered at depths of between about 3 V2 and 4 V2 for Borings B-1 to B-5, and at approximately 7 feet below grade. All depths should be considered approximate. The owner/designer should not rely solely on this Executive Summary and must read and evaluate the entire contents of this report prior to utilizing our engineering recommendations in preparation of design/construction documents. 765 Vista Parkway, Suite 10 + 'Vest Palm each, Florida 33411 61-6 7-853 • ww.TSFGeo.com Page 2323 of 2350 State of Florida Professional Engineers License # 28073 Agenda Item #29. -2- PROJECT INFORMATION Proiect Authorization TSF has completed a geotechnical exploration for the proposed Water Main Replacement Project WM-01 & WM-04, in the Village of Tequesta, Florida. Our services were authorized by Holtz Consulting Engineers, Inc. Pro iect Description Our understanding of the project is based on information provided by Holtz Consulting Engineers, Inc. The project corridor is approximately 2 miles in length, beginning at the northern end of Eastwinds circle, continuing southward to County Club Drive, then continuing south along Country Club Drive to Tequesta Drive, and then continuing east along Tequesta Drive to the railroad tracks east of South Cypress Drive. The geotechnical recommendations presented in this report are based on the available project information, and the subsurface materials described in this report. If any of the noted information is incorrect, please inform TSF in writing so that we may amend the recommendations presented in this report if appropriate and if desired by the client. TSF will not be responsible for the implementation of its recommendations when it is not notified of changes in the project. Purpose and Scope of Services The purpose of this study was to explore the subsurface conditions at the site to enable an evaluation of acceptable construction and site development considerations. Our scope of services included the drilling of six (6) Standard Penetration Test (SPT) borings to a depth of approximately 15 feet below existing site grades, and the preparation of this geotechnical report. This report includes an outline of the testing procedures, a presentation of available project information, a description of the site and subsurface conditions, and a presentation of the recommended soil parameters for design and construction. The scope of services did not include an environmental assessment for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, groundwater, or air on or below, or around this site. Any statements in this report regarding odors, colors, and unusual or suspicious items or conditions are strictly for informational purposes. Prior to further development of this site, an environmental assessment is advisable. Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2324 of 2350 Agenda Item #29. -3- SUBSURFACE CONDITIONS Subsurface Conditions Based on a review of the "Soil Survey of Palm Beach County, Florida", prepared by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), the below map units are anticipated. A copy of a portion of the USDA Soil Survey Map is attached to this report Soil Map Palm Beach County Area, Florida. Map Unit 18 - Immokalee fine sand, 0 to 2 percent slopes The Immokalee component makes up 90 percent of the Map Unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy marine deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is moderate. Shrink -swell potential is low. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September, October, November. Organic matter content in the surface horizon is about 2 percent. Map Unit 22 - Myakka-Urban land complex Myakka (Myakka Component) The Myakka component makes up 50 percent of the Map Unit. Slopes are 0 to 2 percent. This component is on flatwoods on marine terraces on coastal plains. The parent material consists of sandy marine deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is poorly drained. Water movement in the most restrictive layer is moderately high. Available water to a depth of 60 inches (or restricted depth) is low. Shrink -swell potential is low. This soil is not flooded. It is not ponded. A seasonal zone of water saturation is at 12 inches during June, July, August, September. Organic matter content in the surface horizon is about 4 percent. (Urban Land Component) Urban land is a miscellaneous area. No soils data is available for miscellaneous areas. Map Unit 35 - Quartzipsamments, shaped, 0 to 5 percent slopes The Quartzipsamments component makes up 100 percent of the Map Unit. Slopes are 0 to 5 percent. This component is on fills on rises on marine terraces on coastal plains. The parent material consists of sandy marine deposits. Depth to a root restrictive layer is greater than 60 inches. The natural drainage class is well drained. Water movement in the most restrictive layer is very high. Available water to a depth of 60 inches (or restricted depth) is very low. Shrink -swell potential is low. This soil is not flooded. It is not ponded. There is no zone of water saturation within a depth of 72 inches. Organic matter content in the surface horizon is about 0 percent. Map Unit 48 - Urban land, 0 to 2 percent slopes The Urban land is a miscellaneous area. No data is available for the component. Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2325 of 2350 Agenda Item #29. 0 Our subsurface investigation consisted of drilling of six (6) Standard Penetration Test (SPT) boring to a depth of approximately 15 feet below existing grades. Boring locations were located in the field by TSF personnel by tape measurements using site features as reference. The approximate locations of the borings are depicted on the Geotechnical Engineering Services —Sheet 1, attached to this report. The SPT borings were drilled using atruck-mounted CME-55 drill rig, and mud rotary and casing procedures. Samples of the in -place materials were recovered at frequent intervals using a standard split spoon driven with a 140-pound hammer freely falling 30 inches (the SPT sampling after ASTM D 1586). The samples of the in -place soils were returned to our laboratory for classification by a geotechnical engineer. The samples were classified in general accordance with the Unified Soil Classification System (ASTM D 2488). A geotechnical exploration and evaluation of the subsurface conditions have been completed for the proposed Water Main Replacement Project WM-01 & WM-04 in the Village of Tequesta, Florida. A total of six (6) Standard Penetration Test (SPT) borings were extended to a depth of approximately 15 feet below grade. All borings had topsoil at the surface. The subsurface conditions beneath the topsoil consisted of gray to brown sand, with a Unified Soil Classification of SP, with occasional trace amounts of limerock. Based on the SPT N-Values recorded, the soils generally have a relative density of loose to medium -dense, with one layer existing in the very -loose condition at the surface. The ground water was generally encountered at depths of between about 3 V2 and 4 1/2 for Borings B-1 to B-5, and at approximately 7 feet below grade. All depths should be considered approximate. The above subsurface description is of a generalized nature intended to highlight the major subsurface stratification features and material characteristics. The boring logs should be reviewed for specific information at individual boring locations. These records include soil descriptions, stratifications, and penetration resistances. The stratifications shown on the boring logs represent the conditions only at the actual boring locations. Variations may occur and should be expected between boring locations. The stratifications represent the approximate boundary between subsurface materials, and the actual transition may be gradual. Water level information obtained during field operations is also shown on the boring logs. The samples that were not altered by laboratory testing will be retained for 30 days from the date of this report and then will be discarded. The soil profiles are depicted on the Geotechnical Engineering Services — Sheet 2, attached to this report. Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2326 of 2350 Agenda Item #29. -5- Groundwater Information Groundwater levels were measured in the borings when first encountered. The groundwater was typically encountered between 3 V2 to 4 V2 feet below the ground surface along most of the corridor, and near 7 feet for easternmost boring location. Groundwater levels are expected to fluctuate with seasonal fluctuations. We expect the groundwater to, typically, fluctuate within about 2 ft from where it was encountered during the drilling operation. At this time, information is not available to assess if groundwater will impact the proposed foundation construction. In general, the seasonal high groundwater level is not intended to define a limit or ensure that future seasonal fluctuations in groundwater levels will not exceed the estimated levels. Post -development groundwater levels could exceed the normal seasonal high groundwater level estimate as a result of a series of rainfall events, changed conditions at the site that alter surface water drainage characteristics, or variations in the duration, intensity, or total volume of rainfall. We recommend that the Contractor determine the actual groundwater levels at the time of the construction to determine groundwater impact on his or her construction procedures. EVALUATION AND RECOMMENDATIONS Geotechnical Discussion The geotechnical study completed for the proposed development confirms that the site is suitable for the planned construction when viewed from a soil mechanics and foundation engineering perspective. Subsurface conditions at the site are not expected to impose any major geotechnical constraints or limitations on the proposed construction. Recommendations for site preparation, and related construction are presented in the following sections of this report. Excavations Subsoils found at the site consist primarily of medium dense sandy soil below the existing ground surface. These soils can be excavated with a hydraulically controlled backhoe in good working order. Unsuitable material or organic soils (if any) at the excavation bottoms should be removed and replaced with structural fill. We expect that unbraced cut slopes made in the granular soils at an inclination of 1.7 horizontal to 1 vertical will remain stable for short periods of time provided they are not subjected to seepage, surcharge loads (e.g., from stockpiled soil or equipment) and excessive vibration. Furthermore, open - cut excavations exceeding 10 feet in depth should be properly dewatered and sloped 2H:1 V or flatter or be benched using a bracing plan approved by a professional engineer licensed in the State of Florida. Excavated materials should not be stockpiled at the top of the slope within a horizontal distance equal to the excavation depth. Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2327 of 2350 Agenda Item #29. 0 Dewatering will be required for in -the -dry construction over those sections of the site where the invert elevations of the pipelines fall below the water table. Should sections of the excavation encounter the groundwater table, we expect that groundwater control can be accomplished through open pumping in those areas where draw down requirements are 1 foot or less. Open pumping dewatering can most positively be accomplished by over -excavating the trench by 6 to 12 inches and backfilling the over cut section with coarse gravel. Water which flows through the gravel should be directed to a sump, where it can be collected and pumped to a suitable discharge point. Precautions should be taken during open pumping to assure that fines are not withdrawn from the surrounding soils since this could result in undesirable settlement occurring. If the draw down requirements is greater than I foot, we believe well point dewatering may be required. However, dewatering in limestone could likely be achieved by sump pumps. In Federal Register, Volume 54, No. 209 (October 1989), the United States Department of Labor, Occupational Safety and Health Administration (OSHA) amended its "Construction Standards for Excavations, 29 CFR, part 1926, Subpart P." This document was issued to better ensure the safety of workmen entering trenches or excavations. It is mandated by this federal regulation that excavations, whether they be utility trenches, basement excavations or footing excavations, be constructed in accordance with the new OSHA guidelines. It is our understanding that these regulations are being strictly enforced and if they are not closely adhered, the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable, temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom. The contractor's responsible person, as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. We are providing this information solely as a service to our client. TSF is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. Trench Backfill Prior to back filling, where possible, the bottom of the excavation should be inspected by a geotechnical engineer to ensure that no loosely placed materials at the bottom. Where possible, the bottom of the excavation should be compacted/ densified. The utility line should be installed over at least 4 inch of granular bedding material (preferably limerocic). If organic/soft material is encountered at the bottom of the excavation, we recommend that the unsuitable soils be over -excavated by 2 feet and backfill with limerock. Once the utility pipeline is in place, additional 12 inch of granular material should be placed and compacted to at least 98% of the material's maximum dry density as determined by the Modified Proctor Compaction Test (ASTM Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2328 of 2350 Agenda Item #29. -7- D 1557). The remainder should be backfilled with suitable fill and compacted to at least 98% of modified proctor. Structural fill used to raise the site to structure bottom levels should consist of clean sand and/or sand and gravel (ASTM D 2487), with a maximum of 12 percent passing the U.S. Standard No. 200 sieve. The structural fill should be placed in thin lifts (12-inch thick loose measure), near the optimum moisture content for compaction, and be compacted to at least 95 percent of maximum dry density (ASTM D 1557). The structural fill to be placed below the water level should consist of well graded gravel (ASTM D 2487) or clean sand with a maximum of 5 percent passing the U.S. Standard No. 200 sieve. Ground movements and vibrations induced by the excavation and compaction operations should be closely monitored to assess if there is a potential impact to the existing buildings. Lateral Earth Pressures Below grade structures should be designed to resist earth pressure from granular backfill, surcharge loads, and unbalanced hydrostatic forces. For walls that are not restrained during backfilling but are free to rotate at the top, active earth pressure should be used in design. Walls that are restrained should be designed assuming at -rest earth pressure. In cases where the wall moves into the backfill, passive earth pressure criteria should be used. Recommended equivalent fluid densities for each pressure condition with no allowance for surcharge loads are presented in Table 1, below. Table 1- Lateral Earth Pressure Coefficients Based on 105 pcf Saturated Unit Weight and an assumed SPT N-Value of 10-20 for the backfill soil compaction, and a phi angle of 30. Above Water Below Water Pressure Pressure Mode Symbol Coefficient (pcf) (pcf)* Active Ka 0.33 35 77 At Rest Ko 0.5 53 84 Passive Kp 3.00 315 192 * Includes the water pressure weight. Drains not required if design is completed with Below Water Pressure values. OTHER CONSIDERATIONS Preconstruction Conditions Survey A preconstruction conditions survey should be performed prior to any construction at the site. The preconstruction conditions survey will involve visually inspecting and videotape documenting the Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2329 of 2350 Agenda Item #29. adjacent structures; photographing observable existing cracks, deterioration, or other signs of distress. The preconstruction conditions survey will provide valuable information of the existing conditions of the structures adjacent to the proposed development. It would serve as a qualitative record document of the existing conditions of the adjacent structures prior to the start of construction. REPORT LIMITATIONS The recommendations submitted are based on the available subsurface information obtained by TSF and project information furnished by Craven Thompson & Associates, Inc. If there are any revisions to the plans for this project or if deviations from the subsurface conditions noted in this report are encountered during construction, TSF should be notified immediately to determine if changes in the recommendations are required. If TSF is not retained to perform these functions, TSF will not be responsible for the impact of those conditions of the project. The geotechnical engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional geotechnical engineering practices in the local area. No other warranties are implied or expressed. This report has been prepared for the exclusive use of Holtz Consulting Engineers, Inc. for the specific application to the proposed Water Main Replacement Project WM-01 & WM-04 in the Village of Tequesta, Florida. If you have any questions pertaining to this report, or as we may be of further service, please contact our office. Respectfully submitted, TIERRA SOUTH FLORIDA, INC. .a Harmon C. Bennett, P.E. Principal Engineer FL Reg. No. 53130 .a r Ramakumar Vedula, P.E. Principal Engineer FL Reg No. 54873 Water Main Replacement Project WM-01 & WM-04 TSF Project No. 7111-20-43 8 TSF Page 2330 of 2350 Agenda Item #29. 0 APPENDIX Soil Map Palm Beach County Area, Florida Geotechnical Engineers Services — Sheet 1 and Sheet 2 Water Main Replacement Project WM-01 & WM-04 TSF TSF Project No. 7111-20-43 8 Page 2331 of 2350 2 Lc 4. Mv N. 009pp-- do Al — ry 1 4 _ _ f •. �eNj '_` rr .' PRO .Y� s 4 Ae .� 6. Be AF wo PIPE, .,Li �4rj Air 1" ' Is—il - - _ ,ram " - ■13 4 ✓r , 'A a IRAll 4L 10at U L)J61- - "a EV I'm ,�- -� , ,lj� ..'' • y ° y. ,..,.! � _ - ',, _ � � i ^ . - ; yam, �,.,jj�� } ! r , �a • ,All C P-•r- er. � is °� .. ,.ter' .�,' r � �S � e -�' ,.• •. , ' T�• 4 � •„ •. ,� � - All ,4 t I ! Af Willi I& &!k 4010 '& =� } 1 y . 1 r ., r yl: "� ,. D�j ` Or , Aik qj .!�F V 4 ;L a � 1 a Y _ • VA .off j 1 . is �� y ' 7y {y j '..',., '� �r C .• e, \ fo FAfA# 1 , 5 k ► '1 w`� rlLPIna Y - `� ILIA co AIC lip IL F!O ` • � ' r �1 � � � ''•„ � �e - �t ..fir}1 F.. I. \ � �•- �J � r 1 a i t.,�s { � _� � a I, �,cti -� "� �' �,,� � - � a � ,: _ � ^ • _ ,�; � a - �, -max - - f *T - } • . R � �PF10 AC a r A- or 1 A"• s \ 1 46 IN t 'fir ® J " IFL io jr IL kv e \ Q of r'r Agenda Ite#29. C U) U N 2 �O l c6 06 (D r L O 4-0 Q CC� � G O U U aD U n m E E � U ry � Q N 7 U L o6 O N ti Z LU 0 W J a. Q C C C O O U _N U O O U N N L U Co a) c E C6 U U) E (B U) L�- a) 0 O 4-j a •C Q > o ° > -0 M- O Q) p >1 _0 U) O CU CB C6 �_ m E �~ O�i--'.� .O }(n ch O N E Cm CO O — U) N 75 w -°( C L O C = C m 4-1 C: C L C O C L C C Qi i V) U) a� m Cu V) a� o Q U U O C co I O— L .� E N L u Q p N E = U � .L L U) U .L O E L U) -0 a) CD �" m 00 co N Ca � �, � a) V J U LL L o C6 U) m m �--, +� > (U L ca }, a) O N m Q N O(U Cll N UW � 0 � C cr�a c N NOUL U) L U "vJ cu O OL D (ll O O Q >> C0aCa O a)-� . BOO OU ru C(Y cnN�� cu (ll a O1 �N }i U) a) 0--0-0N O 4- p �, Oco cu CU _Cll O Q.— p E cu N LN Q (ll a- j O M z Q p U) U � C O N O � C >, >OCO M O > Ca O Ca O CO O 0_ a + �--� .. O C 0-> >, U L (U C13 m : 70 . U) O M L 0 0 U) .E - O >' 4 r CB Q p 2:1VJ CCa U }, O 0" Q Ca += O m (ll 0-a 0- ca O O CU E cu U O O Cll N Cll 0 a) > O L Q Q O Ca C) C6 M 70 O a) cu c a) (0 U � 4-5 U cu >, O NO a) N Cm N a U) > U Q m ) O U) U) U) � 0 � N �1— C O U .- in Q U- (ts U _ >+ Cn U (Q (n i O (CS p O Cn Cn CU > 3: N O w N N Cn o 0 m CU Z) U L Q c # < '` m ° L I � o ai ^ 0< p 2:1 N O O C: Q i O U) 70 j _ J co>� N Q N 70 C Q Q Q +, CL p a >, L Ctf Q Q N U)Q L) >, O > > O _0 (D (n CU U CU _ _IleN CDQ O O (n (� O C O U)'-p m a cz O N O M c6 N O C O � N ❑ �O � .pd) 30( � Op 04444(00 a� 0 i Q cn -<�I z i C z Page 2333 of 2350 Agenda Item #29. S it Map—P Im Be ch C u ty Are , FI rid o Map Unit n 7111-20-438.Water Mai Replacement Pr ject WM-01 & WM-04 (H Itz C nsulting) Map Urdb ymbol oo Map Unit Nam Acros► in A®I P rc at®faA®I 18 o Imm kalee fine sand, ® to 2 o peccenb sbDp m 8.0) 9.3% 22 Myakha-ldcban landoc cnplex 5.8) 6.&/o 35 Quartzipcsanament!p skeped4 0 t 5 peocent slopes 3.0) 3.5% 41 StoLucie4RacdB4drbaodando c mplexgdd 6 gr®enbo sl pes 61ob 7102% 48 UrbandendQdd a2 pevcwt sl cpes 5.2 6.Wo 99 Wateroo 3.0) 3.&/o Totals f®r(Arua ofdntor) stoo 86oZ o 1O&V/o USDA Natural R sourc s Cons rvation rvic o Web S it Survey Nati nal C perative S it Survey o 1 /12/2021 o Page 3 f 3 Page 2334 of 2350 .k 6 _'. - w [ b ` �W a _ rloL klp- At r +i �p - _ a !'' w •r. . 4 _ ■ ip e n L vi 44 i5.h ti-L4 K-A�� l� 1 �. - y d I A ar PL _ pp 1 i i g, QX " N s ., ' • _� + ■ + J1.1 g s 1 All -h y ot_ a y RL-Owl IP ,wP iL Sl qj -P 18" F jo I. -S 6AW,r + i e Aa y } IN - + or i r M A it r �.. _ ir I % 1 . M '' -^ - } p a rIe 7p �""ILI Aq tq jJF6 mA- e G A ILS j +alip 45 L- - IL I L.,f — , 4f IL e+ w j6 ILIjq;q #ge o a r _- W 1 ;', LL pr6 wINC i F� 71 a f{■ 0 AI 1: >_ '! � * 'mow • '�, �� v OR to', EllAll NP .5 sk soL 40 ti ' a J, \ '� • e J � J Q- p Q 0 J ~ ti N O LnOoO z CL O tU4- ,.j O lO _ \ Op m�QVN I 4� O wCrOww �-w op oc Q g Cr o o z oo �r I� o ti ��, mpg �� _ �o J � � J J J Q Q- C) �- o -' p z QUO Q Ln -� o z 0 0 LLJ m � � Z J O N � O O �pp� Ln CLO O CSC C C '_' p[ Q)4- ►_, N OW�� V �Lr) M� wocoww OC Q g cc z CO N O (r) a) a.) Opp � J p � J CL p z Q cc 0 0 J ~ O �No z CL o a 4- N I O r" \ Owl co o i_ Op � u1 mom, z00 wCC(-DLLIw QL ac %::z � � z M cl' ti (31 I\ C31 � Q Opp m = Q z J Li p � z Q Ln Q 0 0 J ~ NO L�� z CL o v4- Ln z CO I \ 0z1000 LLI Cr V LLI LV c�Qgcc z O ti N ti �C) Opp ~~ L� J � � J I I I I I I I I I I I I I I O L1 O L1 ti ti oop`oU') ti U-j o z ^ Z) x; LU e w ��p� wzw , a. Qc Oz Q) wl �� i W Qcc Ct w zoo= Z� U- z ozw� �c _ U-)�� O. W L UQ w pt O C Q � QJ�-Lu J we Iw— o zCClu w-2! Lf) w CLLzulucfLLJ p v)o=LJ Q z O o � � z J �o 'Y Agenda Item #29. PERFORMANCE BOND CFN 20230142940 OR BK 34270 PG 907 RECORDED 5/1/2023 11:23 AM Palm Beach County, Florida Joseph Abruzzo, Clerk Pgs: 907 - 915; (9pgs) Bond#-151478X Contractor Surety Westfield Insurance Company Name: B&B Underground Construction, Name: One Park Circle Inc. Westfield Center, off 44251 Address (principal place of business): Address (principal place of business); [Address of Surety's principal place of business] 4050 Westgate Ave. Suite 110 West Palm Beach FL 33409 Owner Contract Name: Village of Tequesta Description (name and location): Mailing address (principal place of business): Water Main Replacement Program Project No. 01 & No. 4 345 Tequesta Drive Tequesta,, FL 33469 Contract Price: $20070,965.00 Effective Date of Contract: Bond Bond Amount: $2,070,965.00 Date of Bond: (Dote of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ® None 0 See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this P.erform'ance Bond, do each cause this Performance Bond to be duty executed by an authorized officer, agent, or' representative. icr`klnras Principal Surety Uft U aground Construction, Inc. Westfield Insurance C mpar)y . <= '.' '�; -( Jl forinal ndm on or) (Fall formal na a ofr ure rporate seal) .ti ',iO2 . t By: ��r & (Signature) (Sign ature)(A ttach Power.of Attorney) :larri ,itep�en Decker Name: Michael P. Broder w {Printed or typed) (Printed or typed)" . . Title: President Title: Agent & Attorney -in -Fact r Attest: Attest: 5i nature) (Signature) Name: s-6 Name: Arthur K. Broder (Printed or typed) (Printed or typed) Title: meaw Title: Agent Notes: (1) Provide supplern tal execution by any additional parties, such os Joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party is considered plural where applicable. EJCDC0 C-610, Performance Bond. Copyrig'ht'D 2018 National society of Professional Engineers, American Council of Engineering Companies. and American sodety of Cn it Engineers. All rights reserved, Pagel of 4 �, g Page 2337 of 2350 Agenda Item #29. CFN 20230142940 OR BK 34270 PG 908 Pg: 2 of 9 I. The Contractor and _Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the owner is considering declaring. a Contractor Default. Such notice may indicate whether the owner is requesting a conference among the owner, Contractor, and Surety to discuss the Contractor's performance. If the owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the owner's notice. If 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 does not waive the owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3. The Owner has agreed to.pay the Balance of the Contract Price in accordance -with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. S. when the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one cif the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract, itself, through its agents or independent contractors; 5.3. 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 a contractor selected with the owners concurrence, to be secured 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 7 in excess of the Balance of the Contract Price incurred by the owner as a result of the Contractor Default; or 5.4. waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: EJC0V G61% Performance Bond. Copyriighto 2018 National society of Professional Engineers, American Council of Engineering Companies, and American society of avil Engineers. All rights reserved. Page 2 of 4 Page 2338 of 2350 Agenda Item #29. CFN 20230142940 OR BIB 34270 PG 909 Pg: 3 of 9 i E 5.4.1 After investigation, determine the amount for which it may be liable to the owner and, as soon as practicable after the amount is determined, make payment to the owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part, without further notice, the Owner sha II be entitled to enforce any remedy available to the owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractors Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of th is Bond. - 9. 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 will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable.. under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety, the owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. 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 provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such EJCDV C-610, Performance Bond. Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies, E and American Society of CMI Engineers. All rights reserved. Page 3 of 4 Page 2339 of 2350 Agenda Item #29. CFN 20230142940 • OR BIB 34270 PG 910 Pg: 4 of 9 statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. 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 for the Contractor for 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. 14.2. Construction Contract ---The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default --Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a materia I term of the Construction Contract. 14.4. Owner Default —Failure -of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete- or comply with the other material terms of the Construction Contract. 14.5. Contract Documents —All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term owner will be deemed to be Contractor, 16. Modifications to this ,Bond are as follows: None EJCaCd C-510, Performance Bond. Copyrights 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 Page 2340 of 2350 Agenda Item-#29. 9 1 CFN 20230142940 OR BK 34270 PG 911 Pg: 5 of 9 PAYMENT BOND Bond#-1 51478X Contractor surety Westfield Insurance Company Name: B&B Underground Construction, Name: One Park Circle Westfield f eId tenter, OH 44251 Inc. Address (principal place of business): Address (principal place of business); [Address of Surety's principal place of business] 4050 Westgate Ave, Suite 110 Vilest Palm Beach, FL 33409 Owner Contract Name: Village of Tequesta Description (name and location): Mailing address (principal place of business): Water Main Replacement Program Project No. 01 345 Tequesta Drive & No. 4 Tequesta,, FL 33469 Contract Price: $2,070,965.00 Effective Date of Contract: Bond Bond Amount: $2,070,965.00 Date of Bond: (Dante of Bond cannot be earlier than Effective Dare of Contract) Modifications to this Bond form: ® None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or =re resemative. Dttp4acto'r as Principal r �f ..• 496�`Un round Construction Inc. .., - (Full formal n of Co ctor) 64, M1 VY" I I =: (Signature) . - = Taep.hen Decker (Printed or typed) ,= ..~r�:',► �,� .,.•'f� President Su rety Westfield Insurance Company . `•�- (Full formal no e o ure rporate sad(] ;*; Yr ; r�: I. !`417S? •'� fir By: 1b (Signature)(Attach PbWOr'eAttc ney)'#AM Name: Michael P. Broder (Printed •or,tydJ+� �,. �,.:: title: Agent & Attome)ei�fact :` •�•�• 'r.. V f / ` j Fir , �•-t�{•.4/ Attest: r"'+ ;-lr •'►r `ii" p • Attest: • ++��■ .e� �y.,,.�,�ti; r- 461 ature) (Signature) ,.. :; • Arthur K. Broder Name: Name. � � • Anted or -typed) (Printed or typed) Title: Title: Agent Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor Surety, Owner. or other party is considered plural where applicable. FJtDC* C-615, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American Coundl of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 Page 2341 of 2350 Agenda Item #29. CFN 20230142940 OR BIB 34270 PG 912 Pg: 6 of 9 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, 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, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials, or equipment furnished for use in -the performance of the Construction Contract, then the Surety and the Contractor shall have no -obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims, demands, liens, or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 5.1.1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and 5.1.2. have sent a Claim to the Surety (at the address described in Paragraph-13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety (at the address described in Paragraph 13). 6. If a notice of nonpayment required by Paragraph 5.1.1 is given by the owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and . . 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. EICDO C-61S, Payment Bond. Copyright° 2018 National Society of Professional Engineers, American council of Engineering companies, and American Society of 041 Engineers. All rights reserved. Page 2 of 4 Page 2342 of 2350 Agenda Item #29. CFN 26230142940 ' i OR BK 34270 PG 913 Pg: 7 of 9 S. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the owner accepting this Bond, they agree that z all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond, subject to the owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the owner, Claimants, or others for obligations of the Contractor that are unrelated to the Construction Contract. The owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit will be applicable. 13. Notice and Claims to the Surety, the owner, or the Contractor must be mailed or delivered to the address. shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, will be sufficient compliance as of the date received. 14. 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 provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim --A written statement by the Claimant including at a minimum: 16.1.1. The name of the Claimant; 16.1.2. The name of the person for whom the labor was done, or materials or equipment furnished; 16.1.3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 16.1.4. A brief description of the labor, materials, or equipment furnished; -- - EJCDCe C-615, Payment Bond. Copyrightm 2018 National Sodety of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 Page 2343 of 2350 Agenda Item #29. CFN 20230142940 OR BK 34270 PG 914 Pg: 8 of 9 r 16.1.5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 16.1.6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 16.1.7. The total amount of previous payments received by the Claimant; and 16.1.8. The total amount due and unpaid to the Claimant for labor,. materials, or equipment furnished as of the date of the Claim. 16.2. Claimant --An . individual or entity having a direct' contract with the Contractor or with a subcontractor of the 'Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond is to include without limitation in the'terms of "labor, materials, or equipment" that part of the 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 Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted, in the jurisdiction where the labor, materials, or equipment were furnished. 16.3. Construction Contract --The agreement between the owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default --Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms -of the Construction Contract. 16.5. Contract Documents --All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: None EJCDV C-61% Payment Bond. Copyright°* 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of CMI Engineers. All rights reserved. Page 4 of 4 Page 2344 of 2350 Agenda Item #29. General .power of Attorney CERTIFIED COPY CFN 20230142940 OR BK 34270 PG 915 Pg: 9 of 9 POWER NO. 0992212 Qa Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men b These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY .and OHIO FARMERS iNSURAN& COMPANY, corporations, hereinafter referred to Individual[ as a "Corieldn&nter, "and collectively as "Companies," duly organized and existing under the taws of the State of Ohio, and having its principal 1011ce in WesMedina County, Ohio, d❑ by these �rR se ents make. constitute and appoint . UR K. BRODER, MICHAEL P. BRODEk JOINTLY OR SEVERALLY of DAVIE and State of FL its true and lawful Attorney(s)-In- Fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, reeognizances, undertakings, or other insuumertts or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY* MORTGAGE GUARAUTM OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do In the premises. Said appointment is made under and by authority of the Tollowtn resolution adopted by the Board of. Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Se It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attarney(s)-in-Fact to represent and act for and on behalf of the Company sub, ect to the following provisions: The Attomey-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by and such Attorney -in -Fact shall be as binding upon the Company as if signed by the -President and sealed and attested by the Corporate Secretary.' "se it Farther Resolved, that the st nature of any such designated person and the seal of the Company heretofore or hereafter affixed toany power of attorney or any certificate reating thereto by. facsimile, and any power of attorney or certificate bearing facsimile signatures -or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February B, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21 st day of MARCH A.D.. 2014 . . �,,i11��••I+If■, � �A111 Corporate yR <�..•'. �oMi. ► ''�,' WESTFIELD INSURANCE COMPANY Seals �.••M ' �,• P;..•• •..'��s�.: ,,...•.,.� WESTFIELD NATIONAL INSURANCE COMPANY Affixed . "NO�+o � ;' "; p '' OHl FARMERS INSURANCE COMPANY _~.SFAL ■ ■m w � i r i-to Z- : # 1848 ! ~ State of Ohio "��*��''4 �"'"""'By: yDennis P. Baus,, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. SauS to me known, who, being by me duty sworn, did depose and say, that he- resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are. such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal VL1 A L �. Affixed MOP to � J. • �y :�� • • 'rt �+ �, .' .- • David A. Kotnik, Attorney at LaVQta.l,i,Iic� State of Ohio �� o My Commission Does Not Expire t tiA7�b3,Oif k R oU •e� County of Medina ss.. q r Q•t` .: ►: ; .� : t' r,f�'�' • I, Frank A. Camino,, Secretary "r t Secr�eta of WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY t� IdFARVERS ��' J INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of A6m �6x_&uted- Companies, which Is still in full force and effect; and furthermore, the resolutions of the Boards of Directors. set out in the"Pgv�r&j'bfi �lttor— in full force and effect,'t=•ir�l..t.t.•.. ` In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies. at Westfield Center, Ohioo*tkfis day of ytii►tir.r,i+*,r1Nrtti� 9. oil r.. 6t: n tot.= SEAL "' = �: SeanetQry ► �r `� o;= '�, 4 +: Frank A. Carrino, Secretary -., •.,, ..' .-� � .....,.�• *fit BPOAC2 (combined) (06-02) I hereby certify the foregoing is a true copy of the record in my office with redactions, if any as required by law as of'this day, 05/01/2023. Joseph Abruzzo, Clerk of the Circuit Court & Comptroller Palm Beaclz County, Florida By: Deputy Clerk Noreen McDiarrnid O-e L ,1 • i Page 2345 of 2350