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Agreement_Water Service_5/8/2025_Florida Design Contractors, LLC
• ORIGINAL WATER TREATMENT PLANT ( WTP ) FILTER ( PRESSURIZED VESSEL) PLANT UPGRADES ITB NO. UTIL 02-10-2025/AF-1 Executed Contracr MARCH 2O25 MOLLY YOUNG MAYOR RICK SARTORY VICE-MAYOR JAYSON E. FRENCH COUNCILOR LAURIE BRANDON COUNCILOR PATRICK PAINTER COUNCILOR JEREMY ALLEN VILLAGE MANAGER MARJORIE G. CRAIG UTILITIES DIRECTOR TABLE OF CONTENTS Invitationto Bid...................................................................................................................................................3 BidForms...........................................................................................................................................................20 Noticeof Intent to Award..................................................................................................................................89 i Noticeof Award.................................................................................................................................................90 Agreement(Contract) Between Owner and Contractor...................................................................................91 PaymentBond .................................................................................................................................................100 PerformanceBond...........................................................................................................................................104 —" Opinion of Village Attorney 108 Noticeto Proceed (NTP)..................................................................................................................................109 General Conditions to EJCDC Standard General Conditions(2018 Edition) Supplementary Conditions Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades VILLAGE OF TEQUESTA TEQUESTA, FL ITB NO. UTIL 02-10-2025/AF-1 Water Treatment Plant (WTP) Filter (Pressurized Vessel) Plant Upgrades ADVERTISEMENT FOR BIDS Sealed bids for the Water Treatment Plant (WTP) Filter (Pressurized Vessel) Plant Upgrades construction project(Project)will be received by the Village of Tequesta,via DemandStar, until 2:00 PM Local time on April 16, 2025, at which time the bids received will be publicly opened virtually on DemandStar and read. The Project includes the refurbishment, replacement, and coating of the internal components of six (6) existing pre-treatment filtration pressurized vessels. Internal components consist of distributor piping, underdrain, support gravel, gravel retaining screens and -. supports,and filter media. Bidding documents may be viewed and downloaded online at www.demandstar.com. Hard copies of bidding _ documents may be obtained from Kimley-Horn and Associates,Inc.,Monday through Friday between the hours of 8 AM and 5 PM with a prior appointment. Bidding documents can be made 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 Kimley-Horn and Associates, Inc., 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 "Kimley-Horn and Associates, Inc." A pre-bid conference will be held at 10:00 AM local time on March 26,2025, at the Village of Tequesta Council Chambers located 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" section of the bid documents. Any questions regarding the specifications and solicitation process must be submitted in writing to the Village's Finance Director, Jeff Snyder, at isnyder@teguesta.org. He will contact the design engineer, Nick Black, Nick.Black@kimley-horn.com, for technical questions if applicable. Questions and requests for clarification and additional information must be received prior to the deadline for submission of questions on April 11,2025,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 communication between potential bidders and/or bidders on Village solicitations,the Village's professional staff,and the Village Council members. Owner: Village of Tequesta Utilities Department By: Allyson Felsburg, MBA �- Title: Deputy Director, Utilities Department Date: March 13, 2025 Publication: DemandStar and Village of Tequesta website .r ++ END OF ADVERTISEMENT FOR BIDS++ Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Village of Tequesta _ 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 www.tequesta.org ITB-UTIL 02-10-2025/AF ADDENDUM NO. 1 TO CONTRACT DOCUMENTS ISSUED: MARCH 28, 2025 PROJECT TITLE: Water Treatment Plant (WTP) Filter (Pressurized Vessel) Plant Upgrades (ITB-UTIL 02-10-2025/AF) TO: ALL PLAN HOLDERS OF RECORD This addendum shall modify, clarify, change, or add information and become part of the _ above referenced Contract Documents. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal form. The Contract Documents shall include the following: GENERAL PRE-BID MEETING MINUTES ADD the Prebid Meeting Minutes and Sign-In Sheet to the Bid Documents. TECHNICAL SPECIFICATIONS MEASUREMENT AND PAYMENT SECTION 01150 DELETE Part 3.3 subpart A in its entirety and REPLACE it with revised Part 3.3 subpart A as follows: 3.3 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT A. Partial Payment: Partial payments will be made for materials and equipment delivered and stored for this project up and to 25% of the total value of material and equipment stored. Proof of payment for equipment/materials stored must be provided and equipment/materials must be inspected and approved by Owner/ Owner's representative prior to payment. Contractor is responsible for safekeeping of materials/equipment onsite until incorporated into Work. END OF ADDENDUM 1 — This document may be reproduced upon request in an alternative format by contacting the Village Clerk's Office at 561-768-0440 or by completing our accessibility form: https://bit.ly/3mnfeU4 Village of Tequesta 345 Tequesta Drive 561-768-0700 — Tequesta, FL 33469 www.tequesta.org Water Treatment Plant (WTP) Filter (Pressurized Vessel) Plant Upgrades (ITB-UTI L 02-10-2025/AF) PRE-BID MEETING MINUTES March 26, 2025 10:00 AM A pre-bid meeting was held at the Village of Tequesta Council Chambers for the above referenced project on the date and time indicated above. Attendance at the meeting was not a mandatory — requirement for submitting a bid.The meeting started at 10:01 AM EST. A list of the attendees is provided at the end of these meeting minutes. 1. SIGN IN SHEET A. A list of meeting attendees is attached to these meeting minutes. 2. INTRODUCTIONS A. The following people were introduced as representing the Village of Tequesta for this project: Name Agency Title Marjorie Craig Village of Tequesta Director, Utilities Dept. Allyson Felsburg Village of Tequesta Deputy Director, Utilities Dept. Nathan Litteral Village of Tequesta Water Production Division Mgr., Utilities Dept. Juan Rivas Village of Tequesta Instrumentation Technician, Utilities Dept. Joe O'Connor Village of Tequesta Lead Operator, Utilities Dept. Nick Black Kimley-Horn & Associates - Kaitlin Townsend Kimley-Horn & Associates 3. DEMANDSTAR A. The Village reviewed the process for obtaining bid documents as follows: B. Bid documents are available through www.DemandStar.com. 1 C. Bidders are responsible to obtain complete sets of Bidding Documents. Complete sets of Bidding Documents shall be used in preparing Bids. Neither the Village nor the Engineer assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. D. All Addenda for this bid will be issued through www.DemandStar.com. 4. BID OPENING A. Bids must be submitted virtually, via DemandStar, before and up to 2:00 pm on April 16cn 2025. Bids received after this time will not be accepted. Bids will be publicly opened and read aloud in the Council Chambers. 5. QUESTIONS CONCERNING THE BID A. All questions concerning the bid shall be directed to Jeff Snyder in writing by email (jsnyder@tequesta.org). Questions delivered by email should contain the name of the Project/Bid in the subject heading of the email and be sent with a read receipt to ensure _ successful receipt of the email by the Village. Clarification and changes to the bid documents will occur by addendum through www.DemandStar.com, if needed. B. Questions received less than five days prior to the Bid Opening date may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. C. Bidders shall report any conflicts, errors, or discrepancies in the Contract Documents, immediately in writing to the Village so that clarification or interpretation can be provided. D. The site is accessible, by appointment only, for Bidder to visit before submitting a bid. Bidder shall notify and coordinate with Owner (Allyson Felsburg) with a minimum 24 hours' advance notice prior to the desired time of the site visit. Correspondence by email (afelsburg@tequesta.org) is best for such requests. 6. BID SECURITY A. Bid security in the amount of five percent (5%) of the bid must accompany each sealed bid. Bid security must be in the form of a certified check or bank check, or a bid bond issued by a Surety meeting the requirements of the Bid Documents. 7. BID EVALUATION &AWARD A. Bids will be evaluated based on the lowest Total Bid Price submitted on the Bid Proposal (Bid Form) with the Bid and evaluated by Owner to be in the best interest of the Owner. B. Bidders are required to submit bid pricing for all bid items. C. Bidder's experience, reference checks and subcontractor's experience will be reviewed and considered by Owner in evaluation of bids. D. Bidders are responsible to review Section 01150 Measurement and Payment and allocate costs for their bid accordingly. Any cost not specifically identified in Section 01150 shall be included in the Bid Item determined most appropriate by the Bidder. Bidder is solely responsible for ensuring that all costs required to complete the Work are included in their bid price. 2 8. CONTRACTOR QUALIFICATIONS A. Bidders must complete and submit with their bid the following: • Bid Form • Bid Bond • List of Subcontractors/Suppliers • Trench Safety Act Certification _ • Qualification Requirements forms: including but not limited to previous experience of bidder and bidder's subcontractors whose value of work to be performed is 2% or greater than bidder's total bid price, requisite experience for Prime bidder and subcontractors for similar projects in scope and magnitude. • Statement of Disputes, Litigation, Arbitration, and Surety Completion • Noncollusion Affidavit • Drug-Free Workplace Certificate • Sworn Statement • Scrutinized Companies Certification Form • Contractor E-Verify Affidavit • Subcontractor E-Verify Affidavit 9. SUMMARY OF WORK A. Work includes furnishing all labor and materials necessary for the refurbishment and replacement of internal components of six (6) existing pre-treatment filtration pressurized vessels located at the Village of Tequesta Water Treatment Plant in Palm Beach County, Florida per the construction documents. B. Work shall be sequenced such that the Village only has two (2)filter vessels out of service at any given time. Each vessel shall be successfully rehabilitated,accepted and placed into service prior to commencing work on subsequent vessel. Contractor may sequence work such that work on a subsequent vessel may begin once one of the two out of service vessels is placed back online. 10. CONTRACT DURATION Y A. The contract durations are as follows: Substantial Completion: 210 calendar days from Notice to Proceed Final Completion: 240 calendar days from Notice to Proceed • Contract durations include time for the contractor to make shop drawing submittals for _ materials to be incorporated into the work, receive Owner/Engineer approval of submittals, perform the work, conduct testing, provide close out documents, conduct substantial and final completion inspections with the Owner/Engineer, complete punch list items, and all other work contemplated by the contract documents and necessary to provide a complete project. B. The Contract does contain provisions for liquidated damages if the Contract completion dates are not achieved. C. It is anticipated that a recommendation for award will be made to the Village of Tequesta Council in May 2025, followed by issuance of a Notice to Proceed in May 2025. 3 11. PERMITS A. Contractor is responsible to perform the work in accordance with all local, State, and Federal regulations. B. The Owner will notify the Palm Beach County Health Department of the proposed improvements. Since the work is considered maintenance and internal components will be replaced in kind, no permits are anticipated to be required. _ C. Prior to placing newly rehabilitated vessel(s) into service, the Contractor shall be responsible for disinfection and obtaining two consecutive passing bacteriological samples for each vessel to be rehabilitated. D. The proposed work will not require a building permit. E. Generic Permit for Discharge of Ground Water from Dewatering Operations as referenced in section 02670. F. Contractor is responsible to comply with the Occupational Safety and Health Administration (OSHA) regulations while working at the water plant. G. Contractor is responsible to follow OSHA Lockout Tagout procedures and obtain a Lockout/Tagout permit from the Utility Electrician as required. H. Water for construction purposes can be made available to Contractor at no charge, if water is needed. Contractor will be responsible for conveying water to the location where it is needed. 12. CONTRACT ADMINISTRATION A. The Village of Tequesta will administer the contract. Kimley-Horn & Associates will serve as the Owner's representative. B. Construction Progress Meetings: Progress meetings will be held monthly at the beginning of the project, twice per month toward the latter part of the project, then weekly during startup, commissioning, and operational testing. Contractor's project manager and site superintendent are required to attend the progress meetings. Contractor should come to the meeting prepared to discuss work completed during the prior period, a two week look ahead schedule of upcoming work, changes in contract schedule, construction coordination and any other items as necessary to keep the project progressing towards completion C. Work Hours: Regular work hours under this contract are Monday-Friday, 7:00 a.m. and _ 6:00 p.m. EST. All work requiring inspections or Owner coordination shall occur between 8:00 am and 3:30 pm EST. No work shall be conducted on Saturdays, Sundays, or holidays observed by the Owner. Contractor may request in writing, to Owner, to perform Work outside of regular working hours. Owner is not obligated to consent to Work occurring outside of regular working hours if it is not in Owner's best interest. If work is approved by Owner to occur outside of regular working hours and Owner must provide inspection _ and observation of such work, Contractor shall reimburse overtime expenses and consultant expenses incurred by Owner, via deductive change order to the Contract. D. Storage and Laydown Area: Area for laydown and storage is depicted in the Contract Drawings. Contractor should not use any other areas except those identified by Owner for this project for the storage/staging. Should occasion arise necessitating Owner access to an area occupied by stored equipment and/or materials, Contractor shall immediately 4 provide access. Upon completion of the Contract, the Contractor shall remove all of its equipment, surplus materials and restore the staging area to condition as existed prior to construction. Laydown and storage areas shall be included in the pre-construction video. E. Temporary Sanitary Facilities: The Contractor shall provide and maintain adequate and clean sanitary facilities for Contractor's construction work force and visitors at the work site prior to mobilizing manpower to the site. The facilities shall comply with local codes and regulations and be situated at approved locations. Facilities shall be cleaned or replaced on a weekly basis. F. Measurement and Payment: Bidder should closely review Section 01150, Measurement and Payment, of the Technical Specifications in preparing a bid. This section provides guidance and clarification to the costs that are to be included in the various bid items. Bidders are responsible to notify the Owner of any items not specifically called out in Section 01150 for which they feel there should be a bid item. Any cost that Bidder believes to be necessary to fulfill the Contract requirements but is not specifically identified in Section 01150 should be included in the Bid Item that Bidder deems to be most appropriate. G. Pre-Construction Video: The project requires a pre-construction video be submitted to _ the Village for review and approval 1 week prior to mobilizing materials or equipment to the site. The video must be recorded by a professional videographer specializing in construction videos and provided to the Owner and Owner's representative in DVD _ format. 13. OTHER ITEMS DISCUSSED — A. There will be another project taking place at the water treatment plant during the duration of this Contract.There are not currently any known impacts from other projects, but Owner will coordinate in advance should one arise. B. Questions Asked 1. Are exterior coatings included in the scope of work? a. No. 2. What is the pressure in the vessels? a. 6 PSI 3. Can the Village share the budget for the project? a. The Village is not sharing the budget for the project at this time. 4. Do the vessels have any lime running through them? a. No, there is no lime. There is raw water which will have some iron in it. — Water is pre-chlorinated and has a hardness of 220-250 mg/L. 5. Are there access hatches? a. Yes, there is one access hatch on the top of each vessel, 24" in diameter. As-builts for the vessels are included in Appendix B. 6. Is there a noise ordinance to follow? a. The Village of Tequesta does have noise regulations included in their _ municode Chapter 30 Article X. Division 2 Maximum Sound Levels. 7. Will partial payments be allowed for stored materials? a. This item will be answered in Addendum #1. 5 8. Will material be able to be disposed of onsite, or will it need to be hauled offsite? a. It is the responsibility of the contractor to haul material offsite and legally dispose of the material. See General Note 6 on sheet C-1. 9. The plans show a staging area north west of the vessels. a. It was discussed to plan for a staging area north east of the vessels, away from existing vaults and sprinklers on site. Coordination with plant staff is _ required. 10. How will the vessels be isolated? a. It is assumed the valves are in working condition. _ 11. Were the valves replaced? a. The actuators were replaced. The valves were not included in the replacement. C. An addendum will be issued via Demandstar.com to include these meeting minutes and the pre-bid meeting attendee sign-in sheet. D. Attendees conducted a site visit following the meeting. The meeting ended at 10:23 AM EST and site visit ended at 10:53 AM EST. END OF PREBID MEETING MINUTES. cc: DemandStar as Part of Addendum 1 ITB-UTIL 02-10-2025/AF Meeting Minutes File Meeting Attendees 6 C.1 — LA kli Lool cc a r v E — 13 o! @ Qj s ? r U _ ra cD � wtLco ej I. a,jm cd� � to br �,. IL cj 7 — C H ro y v ra m G� Q7 tA c m v+� BID FORM FOR CONSTRUCTION CONTRACT 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 Utilities Department 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 M. Contractor E-Verify Affidavit N. Subcontractor E-Verify Affidavit Section 00410,Bid Form for Construction Contract Page 1 of 5 ARTICLE 3—BASIS OF BID 3.01 Lump Sum Bids A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s): _ 1. Lump Sum Price (Single Lump Sum) Mobilization&Demobilization (Not to exceed $ 8%of Total Bid Price) Project Bonds& Insurance $ '2)51 0®� Filter Pressure Vessel Rehabilitation $ 755., Undefined Conditions Allowance $50,000.00 Total Lump Sum Bid Price $ e&C� 9 7. _ 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 S—BIDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF ADDENDA 5.01 Bid Acceptonce 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. 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. Section 00410,Bid Form for Construction Contract _ Page 2 of 5 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date 1 03/28/ 025 2. 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 —" 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. Section 00410,Bid Form for Construction Contract Page 3 of 5 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 ,.r Page 4 of 5 r Ow ..., BIDDER hereby submits this Bid as set forth above: Bidder: Florida Design Contractors, LLC (typed or printed name of organization) By: (individual's signature) Name: Ken eth Boone (typed or printed) Title: Senior Vice President (typed or printed) Date: 04/16/2025 (typed or printed) If Bidder is a car oration,a partnership, oint venture,attach evidence of authority to sign. Attest: (individual's signature) Name: (eafon (typed or printed) Title: ess (typed or printed) Date: Q�(pl o�Q3S (typed or printed) Address for giving notices: 1326 S. Killian Drive Lake Park, FL 33403 Bidder's Contact: Name: Kenneth Boone (typed or printed) _ Title: Senior Vice President (typed or printed) Phone: 561-845-1233 Email: bids@floridadesigncontractors.com Address: 1326 S. Killian Drive Lake Park, FL 33403 Bidder's Contractor License No.: CGC1528648 s Section 00410,Bid Form for Construction Contract Page 5 of 5 BID BOND (PENAL SUM FORM) Bidder Surety — Name: Florida Design Contractors, LLC Name: The Hanover Insurance Company Address(principal place of business): Address(principal place of business): _ 1325 S. Klliian Dr., Lake Park FL 33403 440 Lincoln St., Worcester MA 01653-0002 Owner Bid Village of Tequesta Utilities Name: Project: Department — Address: 345 Tequesta Drive WTP Filter(Pressurized Vessel) Upgrades at Tequesta, FL 33469 Tequesta Water Treatment Plant Bid Due Date: April 16, 2025, by 2:00 PM — Bond Penal Sum: Five Percent of Amount Bid ($5% of amt bid) Date of Bond: Aril 16, 2025 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 Florida Design Contractors, CO/V The Hanover Insurance Com an (Full formal name of Bi (Full formal name of Surety)(corporate seal) By: �� G7 0 By: (Signa u 7J (Signature)(Attach Pov✓er of Attorney) SEAL W Name: �° ne 1992 _ ^ Name: Kevin R. Wojtowicz _ - -- (Printed or 7 __- (Printed�typed) r fitorney in fact and Koi nda Licensed I Title: i� �C�C- Titl Resident Acient Attest: M., Att e✓ (Signature) (Signature) 1 Name: tPA a Name: Eileen Heard .. (Printed or typed) (Printed or typed) Title: ,gigs �, Title: Surety Witness Notes:(1)Note:Addresses are to be used for giving any required notice.(2)Provide execution by any additional par ties,such as — joint venturers,if necessary. E1CDC`'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. Pagel of 2 1. Bidder and Surety,jointly and severally, bind themselves,their heirs,executors,administrators,successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder occurs upon the failure of Bidder to deliver 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. 3. This obligation will be null and void if; 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. Owner fails to issue 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 by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives 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. 6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 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 a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery,commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney 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 s effect. 11. The term "Bid" as used herein includes a Bid,offer, or proposal as applicable. EJCDCm 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 2 of 2 THE HANOVER INSURANCE COMPANY — MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing under the laws of the Stale of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Kevin R.Wojtowicz,Jessica Reno,Laura D.Mosholder and/or Robert H.Bond Of Acrisure of St.Petersburg,FL each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United Stales,any and all surely bonds,recognizances,undertakings,or other surety obligations.The execution of such Surety bonds,recognizances,undertakings or Surely obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Fifty Million and Noll00($50,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President,in conjunction with any Vice President,be and they hereby are authorized and empowered to — appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,any and all bonds, recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. — RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice Preside ill of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or snore of any such signatures thereon may be facsimile.(Adopted October 7,1981- The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance — Company of America and affirmed by each Company on March 24,2014) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 23rd day of August,2024 lord The ILuruccr Insur'ancc Culnpany I Irc Ilauu}cr lu.surancc C,urpany Jtassachusetls any Insurance Company nchusctts Il:q Insurance Company Citizen.Insurance CnmpenyrarArnerica tits ns Insurance Company of:\merica J s H.Kawieckl,Vice President lien M.Mendoza,Vlce President STATE OF CONNECTICUT ) COUNTY OF HARTFORD )ss. On this 23rd day of August, 2024 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, — Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subs ribed to said instrument by the authoritv and direction of said Corporations. _ Wendy LatOurnes l Notary Public,Stale of Connecticut I '- b'VCndy L.1tn.rn NOta'y Public wVmy Commission Expires July31.2025 My commissit,n expl•es July 31, 2025 _ I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full.true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. _ r, GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts;this �� day of The lani a In�urnuce .mnlm y v Ma ;Act r it BaI Iru pally CERTIFIED COPY cal ""''rr.` .nhn_Roaya4lder,\'h't•1`re,ldent OM SECTION 00431 TABULATION OF SUBCONTRACTORS AND SUPPLIERS The Undersigned states that the following is a fiill 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 CLASS OF WORK OR MATERIAL AND ADDRESS (2) (3) (4) (5) (6) (7) BIDDER: Florida Design Contractors, LLC By: Name: enneth Boone Title: Senior Vice President Date: 04/16/2025 .- 00431-1 TABULATION OF SUBCONTRACTORS AND SUPPLIERS 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 $ 1,000.00 $ 1,000.00 2. Special Shoring $ 1,000.00 $ 1,000.00 — Identify method of compliance for Item#1: Sloping and shoring Identify or attach a copy of Special Shoring Requirements for Item#2: Not applicable 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: Florida Design Contractors, LLC By: y11C Name: Ken eth Boone Title: Senior Vice President Sworn to and subscribed before me this 16th day of April , 20 25. Notary Public , WANDAJ.DENTON My Commission Expires: 01/25/2029 =V MY COMMISSIONly 6 599301a — :,,, a; EXPIRES:January 25, 00440-1 FLORIDA TRENCH SAFETY ACT CERTIFICATION QUALIFICATIONS STATEMENT THE INFORMATION SUPPLIED IN THIS DOCUMENT WILL BECOME A PUBLIC RECORD OF THE VILLAGE OF TEQUESTA SUBJECT TO INSPECTION AND COPYING. IT IS THE RESPONSIBILITY OF THE BIDDER TO IDENTIFY ANY EXEMPT OR CONFIDENTIAL INFORMATION AND APPLICABLE STATUTORY CITATION UNDER FLORIDA'S PUBLIC RECORDS LAWS WHEN SUBMITTING ITS BID, THE VILLAGE IS RELYING ON THE BIDDER TO PROPERLY IDENTIFY SUCH RECORDS AND APPLICABLE SECTION OF THE FLORIDA STATUTES. BY MARKING A RECORD AS EXEMPT OR CONFIDENTIAL THE BIDDER AGREES TO INDEMNIFY THE VILLAGE FOR ALL COSTS, INCLUDING ATTORNEY'S FEES AND ANY AWARD UNDER § 119.12 FOR COSTS OF ENFORCEMENT, INCURRED IN LITIGATION DEFENDING A SUCCESSFUL CLAIM THAT THE BIDDER ERRONEOUSLY MARKED A RECORD EXEMPT OR CONFIDENTIAL IN VIOLATION OF THE PUBLIC RECORDS LAWS. 1. SUBMITTED BY: Official Name of Firm: Florida Design Contractors, LLC Address: 1326 S. Killian Drive Lake Park, FL 33403 2. SUBMITTED TO: Village Clerk 3. SUBMITTED FOR: ITB No, UTIL 02-10-2025/AF-1 Owner: Village ofTeauesta Project Name: Water Treatment Plant (WTP) Filter (Pressurized Vessel) Plant Upgrades TYPE OF WORK: Water Treatment Plant Filter Upgrades 00451,Qualifications statement Page 1 of 8 4. CONTRACTOR'S CONTACT INFORMATION Contact Person: Kenneth Boone Title: Senior Vice President Phone: 561-845-1233 — Email: bids(c floridadesigncontractors.com 5. AFFILIATED COMPANIES: Name: N/A Address: — C. 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: — Date of Organization: Executive Officers: 00451,Qualifications Statement Page 2 of 8 — - President: -Vice President(s): -Treasurer: -Secretary: ® LIMITED LIABILITY COMPANY State of Organization: Florida Date of Organization: 10/01/1991 Members: Justin Randolph, President Kenneth Boone, Senior Vice President Robyn Randolph, Secretary ❑ JOINT VENTURE Sate of Organization: Date of Organization: Form of Organization: Joint Venture Managing Partner - Name: -Address: Joint Venture Managing Partner - Name: -Address: 00451,qualificatlons Statement Page 3 of 8 Joint Venture Managing Partner -Name: -Address: — 7. LICENSING Jurisdiction: Florida Type of License: Certified General Contractor License Number: CGC1528648 —' Jurisdiction: Type of License: License Number: _ 8. CERTIFICATIONS CERTIFIED BY: Disadvantage Business Enterprise: — Minority Business Enterprise: Woman Owned Enterprise: Small Business Enterprise: — Other( ): 9. BONDING INFORMATION Bonding Company: The Hanover Insurance Company — Address: 440 Lincoln St Worcester, MA 01653-0002 Bonding Agent: Acrisure 00451,qualifications Statement Page 4 of 8 ... Address: 1000 Central Ave, Suite 200 St. Petersburg, FL 33705 Contact Name: Devin Phillips Phone: 727-209-1803 Aggregate Bonding Capacity: $30,000,000 Available Bonding Capacity as of date of this submittal: $12,200,000 10. FINANCIAL INFORMATION Financial Institution: Hancock Whitney Bank Address: 1626 Ringling Blvd. Sarasota, FL 34236 Account Manager: Patty Bastek Phone: 941-714-3365 INCLUDE AS AN ATTACHMENT AN AUDITED BALANCE SHEET FOR EACH OF THE LAST 3 YEARS 11. CONSTRUCTION EXPERIENCE: Current Experience: List on Schedule A all uncompleted projects currently under contract(If Joint Venture list each participant's projects separately). Previous Experience: List on 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? DYES ® NO If YES, attach as an Attachment details including Project Owner's contact information, 00451,Qualifications Statement Page 5 of 8 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? ❑YES FX 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)? ❑YES FX NO — If YES, attach as an Attachment details including Project Owner's contact information. 12. SAFETY PROGRAM: Name of Contractor's Safety Officer: Martin Sintoy 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. 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. 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 arnount of the Bid)the following(attach additional sheets as necessary): Workers' compensation Experience Modification Rate (EMR)for the last 5 years: YEAR 2025 EMR 0.82 YEAR 2024 EMR 0.88 YEAR 2023 EMR 0.86 YEAR 2022 EMR 1.00 YEAR 2021 EMIR 0.92 00451,Qualifications Statement Page 6 of 8 _ Total Recordable Frequency Rate (TRFR)for the last 5 years: YEAR 2024 TRFR 1 YEAR 2023 TRFR 1 YEAR 2022 TRFR 1 YEAR 2021 TRFR 1 YEAR 2020 TRFR 1 Total number of man-hours worked for the last 5 Years: YEAR 2024 TOTAL NUMBER OF MAN-HOURS 66,560 —. YEAR 2023 TOTAL NUMBER OF MAN-HOURS 64,720 YEAR 2022 TOTAL NUMBER OF MAN-HOURS 66,560 YEAR 2021 TOTAL NUMBER OF MAN-HOURS 68,250 YEAR 2020 TOTAL NUMBER OF MAN-HOURS 74,560 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 2024 DART 0 YEAR 2023 DART _0 YEAR 2022 DART 0 YEAR 2021 DART 1 YEAR 2020 DART —Q-- 13. EQUIPMENT: MAJOR EQUIPMENT: List on Schedule C all pieces of major equipment available for use on Owner's Project, 00451,Qualifications Statement Page 7 of 8 I HEREBY CERTIFY THAT THE INFORMATION SUBMITTED HEREWITH, INCLUDING ANY ATTACHMENTS, IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. NAME OF ORGANIZATION: Florida Design Contractors LLC BY: /Ic K6nnet oo e - TITLE: Senior ice President DATED: 04/16/2025 — NOTARY ATTEST: '' ''•�: AMANDAJ.DENTON SUBSCRIBED AND SWORN TO BEFORE ME *' MY COMMISSION#HH599307'�A• ''•'•?soF Flo? THIS 16th DAY OF April , 2025 EXPIRES:January 25,2029 -- NOTARY PUBLIC-STATE OF Florida — MYCOMMISSION EXPIRES: 01/25/2029 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 iterns as pertinent. 00451,Qualifications Statement Page 8 of 8 Y O O 0 U Y ro Y O Q. 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CO -0 EST. 1 FLORIDA DESIGN CONTRACTORS TRACTORS #CGC1528648 Financial Statement will be issued prior to award of contract. 2/27/25,1:24 PM Detail by Entity Name • to • . • OR • NS DwISION Of CORPORATIONS Y Department of State / Division of Corporations / Search Records I Search by tit ame I Detail by Entity Name Florida Limited Liability Company FLORIDA DESIGN CONTRACTORS, LLC Filing Information -` Document Number L22000158001 FEI/EIN Number 65-0306966 Date Filed 04/14/2022 Effective Date 10/01/1991 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 11/16/2022 Event Effective Date 04/14/2022 rincinal Address 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Changed: 04/29/2022 Mailing Address 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Changed: 04/29/2022 Registered Agent Name&Address RANDOLPH, JUSTIN 10315 TECHNOLOGY TERRACE BRADENTON, FL 34211 Name Changed: 04/29/2022 Address Changed: 04/29/2022 Authorized Person(s)Detail Name&Address Title MGR Ii ttps://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityN ame&directionType=l nitial&search NameOrder=FLORI DA... 1/2 2/27/25, 1:24 PM Detail by Entity Name MHN INDUSTRIAL GROUP, LLC 10315 TECHNOLOGY TERRACE BRADENTON, FL 34211 Title P RANDOLPH,JUSTIN 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Title SR.VP BOONE, KENNETH 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Title SEC. RANDOLPH, ROBYN 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Title Secretary Randolph, Madison M 1326 S. KILLIAN DRIVE LAKE PARK, FL 33403 Annual Reports Report Year Filed Date 2024 04/30/2024 2024 09/13/2024 2025 02/18/2025 Document Images 02/1812025--ANNUAL REPORT View image in PDF format 09/13/2024--AMENDED ANNUAL REPORT View image in PDF format 04130/2024—ANNUAL REPORT — View image in PDF format 01/05/2023—ANNUAL REPORT View image in PDF format 11116/2022-LC Amendment View image in PDF format 04/29/2022--LC Amendment 'View image in PDF format 04114/2022--Florida Limited Liability. View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&d irectionType=1 n itial&search NameOrcier=FLO RI DA... 2/2 Kenneth D. Boone Kenneth Boone is the Sr. Vice President for Florida Design Contractors, LLC. With over 36 years of construction experience in the water and wastewater industry, Ken leads our management staff and oversees the day-to-day operations of the Company. _. Education Bachelor of Science Mechanical Engineering, Florida International University, Miami, Florida,1987 Employment History 2022 to Present—Florida Design Contractors, Senior Vice President 2012 to 2021 Jacobs Engineering, Design Build Manager 2003—2012 -GlobeTec Construction. Founder, Division Manager 1987 to 2002-The Poole and Kent Company; Vice President& Owner Shareholder Distinguishing Qualifications • More than 36 years of government specialty construction experience. Work experience includes Local, Federal and Regional governance authorities. • Experienced in leading the construction of water and wastewater treatment facilities, including complex, multi-million-dollar public water and advanced wastewater treatment plants. • Implements a claims avoidance approach to the execution of work wherein proactive actions are formalized with the designers, as well as the clients, from the project's onset. This added value approach ensures the avoidance of delays and unnecessary added costs. • Provides expert pre-construction and construction quality control services and performs audits with corrective actions and follow-up. _ Kenneth Boone has more than 36 years of construction and program management experience, including executive management of regional offices with direct P& L responsibility. He has led and directed specialty construction company firm's processes including estimating, procurement, subcontracting and scheduling. He has leveraged technology, so to assist with cost controls, project accounting and document controls. Mr. Boone started his career as an Assistant Project Manager with The Poole and Kent Company working on site with the field crews as well as the design and construction professionals. Working alongside these groups, forged his approach to a modern construction management experience, wherein practicing safety and understanding your costs became the basis for a successfully managed project. Kenneth's experience equivalently represents over a half of billion dollars of direct or executive management practice in the specialty construction industry ranging in locations from Florida to North Carolina. The scopes of work associated with his experience include,specialty general construction such as water&wastewater treatment plants, municipal administration buildings, above ground concrete potable water storage tanks, RO water processing facilities, and chilled water plants with specialty ice storage systems. Also, included in this list are other specialty water and wastewater facilities, process piping systems, solid waste processing, commercial mechanical/plumbing installations and jet fuel piping and distribution systems. This wide variety of work comprises numerous forms of contracts and involved estimating/pre-construction services from the conventional bid-build to progressive design build through negotiated municipal GMP projects in geographies from Florida and the Keys to the Carolina's. His unique skills, diverse experience and acquired knowledge have enabled him to master the complex details of a wide variety of projects. His personal management skills include executive management oversight for audited financial P/L reviews, cost forecasting, general construction administration, project ,,, specific cost control, CPM schedule development, estimating, sub-contractor coordination and planning. Highlights include; Zero OSHA violations on projects under executive or direct field management responsibility. • Preconstruction services leader for various specialty construction projects including contract negotiations, schedule development, document control as well as staffing implementation. Direct project estimating lead and manager experience. Construction lead for qualification-based proposals. • Executive administration responsibility from site specific projects through and including national southeastern region programs. • Constructability review advisor/coordinator on projects in Florida and across the Eastern U.S., including Louisiana, Texas and Georgia—Assists clients to objectively select the right procurement methods, project delivery methods and contracting methodologies. • No claim for Liquidated Damages, by any client, on any project under Kenneth's management has ever been made. Claims avoidance manager including mitigation and defense. Below is an abridged summary of projects that have been managed by Mr. Boone and attest to the wide variety of clients and projects types that he has managed. Recent Program and Design Build Project Experience Seminole Tribe of Florida, Program Management, Supported Jacobs Engineering's Tribal wide program management with direct oversight for construction services for both Public Works as well as Community Development projects. Projects included WTP RO expansion and chemical system upgrades, WWTP process modifications, Tribal cultural museum facilities and Tribal school expansion in direct coordination with the Federal Bureau of Indian Affairs. Mullin Surface Water WTP, Plant Wide SCADA Improvements, City of Melbourne, FL. June 2020 - T February 2021. Responsible Manager of the construction team and the final design development for the project's constructability reviews aligned with the Design/Build delivery.This was the second of two Design Build deliveries for the City of Melbourne. Work included the entire upgrade of the City's SCADA system including upgrades and replacement to the fiber communication network. Cooper City Water Treatment Plant SCADA Upgrades. Responsible Manager of the construction team and the final design development for the project's constructability reviews aligned with the Design / Build delivery. Notable upgrades of the City's RO WTP SCADA system included a complete removal and replacement of all operational control panels including revised process programming and system wide HMI enhancements. Sequencing of the SCADA enhancements required multiple shutdowns and parallel — operating systems to maintain water production. Mullins RO WTP, Plant Wide SCADA Improvements, City of Melbourne, FL. 2018. Responsible manager of both the design and construction teams for the project's design development and respective constructability reviews for this Design and Build delivery. The City of Melbourne produces potable water for service to the cities of Melbourne, West Melbourne and unincorporated southern Brevard County. The city has two separate stand-alone WTPs, one RO and the other is surface water lime softening plant. Each plant can maintain the City's water production demand without the support of the other. Currently the RO plant produces approximately 8MGD. Our project currently involves only the RO plant and is a system wide SCADA hardware upgrade, that will include the change out of(4) raw water well-sites, (2) RO Membrane, (2)RO Chemical LCP/PLC and(1)integrated master control panel.The work is scheduled forthe completion in the fall of 2017. Major works scopes include design of standard well site LCPs with a new PLCs and instrument standards for all the plant wide panel systems as well as rough electrical sequences. Claude Dyal WTP, Plant Wide SCADA Improvements, City of Cocoa, FL. 2017. Participated with design team in the project's design development and constructability reviews. Upon our attainment of a bid-able design stage, the estimating and procurement sequences were initiated so to reduce the projects overall duration. The City of Cocoa is one of the top ten potable water producers in the state of Florida and serves the city of Cocoa, NASA, Cape Canaveral, unincorporated northern Brevard County and the city of Viera. Upon the successful completion and testing of the new automated ground water system, the City directed Cld to complete the rehabilitation of the surface water plant. This work was completed on an accelerated schedule and comprised of equipment system repairs, start up and operational testing. Major works scopes include the design and testing of the LCP/PLC systems and their respective installation and the related rough electrical sequences. Claude Dyal WTP, Well Field SCADA Improvements, City of Cocoa, FL. 2014. Participated with design team in the project development and constructability reviews. Upon completion of a bid-able design stage, the estimating and procurement sequences were started. The city's singular plant is comprised of both a surface water plant process and a ground water plant process. The ground water plant produced 100% of the City's potable water by delivering, on average, 21 MGD. The ground water source is made up of 48 separate well sites and is spread over 200 square miles of land that borders and dissects private cattle / agricultural properties as well military defense contractor testing grounds. This project required the complete upgrade of each of the LCP/PLC systems and radio communications at all 48 well-sites. Mechanical piping and electrical/instrumentation upgrades were completed at 25 sites throughout the well field. Major works scopes included design and testing of the radio communications system, design of standard well site LCPs with a new PLCs and instrument standards, as well as mechanical and electrical sequences. Prior to Jacobs, local. Recent Water and Wastewater Facilities ASR Ultraviolet Disinfection System West and Southwest Wellfields, Miami Dade Water and Sewer Department, FL.2010. Project consisted of constructing two raw water UV disinfection systems for existing aquifer storage and recovery(ASR)wells located at the West and Southwest Well Fields. The systems have _ an average design flow of 20 MGD and 15 MGD, respectively, allowing injection of water into the Upper Floridian Aquifer while ensuring primary drinking water standards at all times prior to injection.As the general contractor, the scope included construction of two cmu concrete UV buildings located at the West and Southwest Well Fields. Each building houses a raw water UV disinfection system with 36" influent and effluent lines connecting to existing 42" mains. The project also entails procurement and installation of the electrical, instrumentation and control systems, including electromagnetic flow meters, power and control equipment, and pad mounted transformers —' 2.0 MG Water Storage Tank&WTP Improvement, City of Tamarac, FL. 2007. Project Executive.This City of Tamarac project consists of the construction of 2MG finished water storage and high-service pumping improvements at the City of Tamarac Water Treatment Plant. Work included the furnishing and installation of five (5) new VFD driven high service vertical turbine pumps and two (2) new filter effluent transfer pumps with associated valves and piping including additional large diameter DIP underground distribution system with new 30", 24"and 12"finished water underground services. Construction also included the erection of a 2.0 MG pre-stressed wire tank and pump system control building. Ground Storage Water Tank & High Service Pump Station, City of Dania Beach, FL. 2008. Project Executive. Project included the construction of a 2-million-gallon pre-stressed concrete finished water ground storage tank, new 4,800 gallon per minute(gpm)high service pump station consisting of five vertical turbine pumps with variable frequency drives (VFD), and an emergency power generator. The system was brought online in June 2008. In addition to the ground storage tank the project included all associated yard piping, structural, electrical, and instrumentation and controls improvements. Including the supply and installation of new 30", 24"and 16"finished water ductile iron pipe underground services and process piping for high service pump station, construction of new VDS and electrical control buildings, and complete site development. Specialty Construction Projects AeroJet C-110 and L-31E Canal Modifications Project, South Florida Water Management (SFWMD), 2011. Executive Sponsor. Located in southernmost Miami-Dade County in an area bounded by the Everglades National Park, Florida City and Florida Bay. The Project was implemented under SFWMD State Expedited Construction program in cooperation with US Army Corps of Engineers Project development Team.The project included construction of 4,000 LF of concrete-lined,above grade,open channel to convey water from the S-199 as part of the AeroJet Canal Extension; construction of 3,800 LF of unlined, above- grade, slopped channel connection to the above grade-lined channel; construction of a weir at the southern end of the unlined AeroJet Extension with a box culvert crossing west under SW 232nd Avenue (AeroJet Road), connecting the AeroJet Extension to the existing AeroJet Canal with construction of 17 weirs and earthen plugs in the AeroJet, C-110 and L-31 E Canals. Stormwater Improvements, Phase IIA, City of Sweetwater, FL. 2011. Executive Sponsor. Located within the City of Sweetwater, where regular flooding was experienced even during moderate rains, this project was one of several that improved the ability to capture and efficiently convey storm water from the streets of the community to the major drainage canals using new catch basins, piping and pumping stations. Installation of a complete storm water system that included: construction of two lift major storm-water pump stations, each with (3) submersible pumps capable of moving 5,200 gpm each, and the furnishing and installation of all associated electrical, control and telemetry systems. Other related projects work included the installation of 9,300 linear feet of PVC, DIP, HDPE and RCP pipe, most notably 72"and 84" RCP and a 64" DIP; (118)concrete structures including a headwall, manholes, inlets and drainage catch basins; 30,000 SY of roadway reconstruction; The L-12 Canal Bank Stabilization Project, South Florida Water Management (SFWMD), 2010. Executive Sponsor. This project was located along the southwest bank of L-12 canal, started from west side of CR880 and extended approximately 2,840 feet. The repair of the canal banks included removal of _ existing vegetation, excavation, backfill, installation of gabions, sodding and all other appurtenant and collateral work necessary to complete work required by the contract documents. C-11 Spreader Canal Project, South Florida Water Management(SFWMD),2007. Executive Sponsor. — South Florida Water Management District operates and maintains nearly 1,800 miles of canals and levees, 25 major pumping stations and about 200 larger and 2,000 smaller water control structures.After the storms of'04 and '05 ravaged the South Florida canal system, many of these canals were stressed beyond their limits and rehabilitation became critical. As the general contractor our scope included furnishing all materials, labor, tools and equipment required to repair nearly 4 linear miles (20,300 LF)of the C-24 canal banks. Repairs included installation of culverts and inlets, removal of existing vegetation, backfill and compaction of the banks to 2H:1V slopes, sodding and installation of (19,760 LF) geotextile turf reinforcement mat along repaired areas including 540 LF of rubble riprap. Private Client Construction Projects El Al Airlines, Miami International Airport, Bomb Detection Facility FPLES, Downtown Cooling Facility—51,000 Ton Hours, Ice Plant- and Underground Utilities, Miami, FL Discovery Channel Latin America Broadcast Facilities, Miami, Florida American Airlines Arena, Stadium Interior Build Out, Miami, Florida Baptist Hospital Underground Utilities and Chiller Plant Upgrades, Kendal Campus Miami, Florida Teledyne-Inet, Precondition Air Jetway Upgrades, Multiple, Miami International Airport Tursair Jet Fuel Farm, Miami International Airport, Upgrades and fire suppression system ,_ Aviation Construction Projects (abridged summary of projects) MDAD, Miami International Airport, Concourse D, Preconditioned Air and Ice Storage System &Upgrades MDAD, Miami International Airport Concourse A Apron Phases 1, &2 Jet Fuel Systems MDAD, Miami International Airport Tunnel Relocation and Fuel System Expansion MDAD, Miami International Airport Concourse A Building Phase 1 &2 MDAD, Miami International Airport, Northside Utility Corridor, MDAD, Miami International Airport, Landside and Airside Utility Corridor, DCAD 8-12-2. MDAD, Miami International Airport, Central Chiller Plant Expansion, DCAD 8-12-6. " ' MDAD, Miami International Airport, Cargo Bldg. 2200 and Chiller Plant James Meyer Education Y Bachelor of Science in Building Construction, with honors. University of Florida,Gainesville, FL, 1997 Employment History 2022 to Present- Florida Design Contractors, West Palm Beach, FL, Sr. Project Manager 2020 to 2022 - Southeast Mechanical, Inc, Miami, FL; Sr. Project Manager 2019 to 2020- Grycon Construction, Dania Beach, FL; Project Manager and Estimator 2015 to 2019- The Poole and Kent Company. Miami, FL; Project Manager 2008 to 2014 - J.F. Sobieski Mechanical Contractors, Wilmington, DE; Project Manager 2003 to 2008 - Personal Investor, Philadelphia, PA;Trust Manager -- 2001 to 2003- Fluidics, Philadelphia, PA; Project Manager 1997 to 2001 - The Poole and Kent Company. Miami, Florida; Assistant Project Manager Distinguishing Qualifications • More than 25 years of government specialty construction experience. Work experience includes Local, Federal and Regional governance authorities. • Experienced in leading the construction of water and wastewater treatment facilities, including complex, multi-million-dollar public wastewater pumping stations with critical specialty equipment systems. • Provides expert pre-construction and construction quality control services and performs audits with 1.. corrective actions and follow-up. • OSHA 30 Hr. training • Competent Person training in excavation safety, electrical and airborne silica exposure James Meyer's career spans over twenty-five years.After graduating college James Meyer began his career, in the specialty construction business, as an Assistant Project Manager with the Poole and Kent Co. Following his initial tenure, James relocated to the greater Philadelphia area where he continued his work in the process mechanical field and began a family. r , James is learned in the school of best management construction administration practices. He has managed single governmental construction projects in excess of sixteen million dollars. He is fully versed in the — multiple tiers of project construction. Initiating with cost estimating, preconstruction activities including activity scheduling and manpower loading with Primavera P6 through the actual construction, startup and close out phases. Responsibilities on these diverse projects include the direct oversight of overall job budget from turnover and job kick-off to job completion and the preparation and submission of monthly budget updates and budget forecasts. General project administration includes the updating and maintaining of project schedules, in relation to specific project tasks, and the overall project schedule, direct communication with field superintendents on a regular basis and specific client communications. The scopes of work associated with his experience include, specialty general construction such as water& wastewater treatment plants, central energy plants, administration buildings and chilled water plants with specialty ice storage systems. Also, included in this list are other specialty projects that he assisted on — including commercial mechanical/plumbing installations and jet fuel piping and distribution systems. His diverse experience and acquired knowledge have enabled him to master the complex details of a wide variety of projects. His personal management skills include project management oversight for audited financial P/L reviews,cost forecasting,general construction administration,project specific cost control,CPM schedule development, estimating, sub-contractor coordination and planning. Below is an abridged summary of projects that have been managed by Mr. Meyer and attest to the wide variety of clients and project types that he has managed. Recent Project Experience City of Boca Raton— Nanofiltration Unit and Degasifier Upgrades Fabrication and installation of three (3) 24-inch diameter 316 stainless steel pipe spool pieces to replace existing flexible couplings and the pressure filter system feed header. Replacement of five (5) electric actuators and mounting hardware on NF Unit 1 through 10. Replacement of four(4)electric actuators and mounting hardware on NF Unit 4. Replacement of one electric actuator and mounting hardware on the First Stage Permeate Backpressure Valve. Replacement of six(6)electric actuators and mounting hardware on NF Unit 11 and 12. Replacement of four (4) combination air/vacuum breakers on NF Unit 1 through 10. Replacement of five (5) combination air/vacuum breakers on NF Unit 11 and 12. Installation of an 8-inch diameter stainless steel wafer-style silent check valve on the permeate flush connection to each NF unit (total 12) on NF Unit 1 through 12. Rebuild/service of twelve (12) 10-inch diameter stainless steel globe- style silent check valves, 38 stainless steel V-port ball valves (6-inch to 16-inch diameter)and six (6)6-inch diameter stainless steel globe-style pressure relief valves. Replacement of gaskets on valves and grove joint couplings. Replacement of two (2) electric actuators and mounting hardware on each Desgasifier 1, 2 and 6. Replacement of three (3) electric actuators and mounting hardware for each Degasifier 3 through 5. Repair and rehabilitation of Odor Control Scrubber 1 and 2. — City of Boca Raton—Replacement of the Sodium Hypochlorite Storage Tanks Removal and replacement of the City's six (6) fiberglass reinforced plastic (FRP) sodium hypochlorite storage tanks. The existing FRP sodium hypochlorite storage tanks shall be demolished and removed or furnished to the Owner. New FRP Sodium Hypochlorite Tanks No. 1 through 4 shall be fabricated,furnished, and installed. Existing FRP Sodium Hypochlorite Tanks No.5 and 6 exteriors shall be prepared and recoated as indicated on the drawings. Modifications to the existing sodium hypochlorite piping header as indicated on the drawings. City of Boca Raton—Reclaimed Water Disinfection & Compliance Upgrades Upgrades to the Flash Mixer Building, Compliance Sampling Building, and Chlorine Contact Basin. Flash Mixer Building: new drain lines, valves, reclaimed water lines, guardrails, two complete mixer assemblies, remove abandoned instrumentation, and re-coat the interior and exterior of the building inclusive of piping and other appurtenances. Compliance Sampling Building: demolition of existing building and construct a new building in a new location inclusive of walls, roof, foundation, sidewalks, doors, windows, HVAC, plumbing, mechanical, cabinetry, counters, refrigerators, sinks, electrical and instrumentation. Chlorine Contact Basin: New sample pumps, reclaimed water lines, conduits, guardrails, replace one vertical turbine high service pump, install solar panels with structural support system, electrical, instrumentation, and re- coating the interior and exterior of the building inclusive of piping and other appurtenances. y Orange County—South Water Reclamation Facility Programmable Logic Controllers Replacement Replacement of programmable logic controllers (PLCs)at South Water Reclamation Facility(SWRF). City of Plantation—Storage Tank Interior Recoating Repair of four(4) Pre-Stressed Ground Storage Tanks. City of Boca Raton—Intermittent Filter Backwash Upgrades Upgrades to the backwash system for the up-flow filters at the reclaimed water treatment facility from continuous backwash to intermittent backwash. City of Boca Raton—Storage Tanks Inspection and Rehabilitation Miscellaneous general repairs and rehabilitation of the City's nine (9) prestressed concrete water ground storage tanks; repairs and rehabilitation of the City's two (2) elevated steel water storage tanks; repairs to the sidewalk around two (2) prestressed concrete reclaimed water ground storage tanks; and replacement of the 48-inch butterfly valve on a 7.5 MG potable water ground storage tank. Florida Keys Aqueduct Authority-J. Robert Dean WTP Thickener and Lime Floor Room Repairs Replacement of thickener drive unit, submerged thickener components, all associated hardware, cleaning and installation of owner supplied thickener spray ring, repair and coating of interior and exterior tank, along with repair and epoxy coating the interior lime room concrete floor. Florida Keys Aqueduct Authority-J. Robert Dean WTP Electrical Improvements Replacement of emergency generator switchgear, six existing automatic transfer switches with manual transfer switches, addition of two new 4160 feeds, duckbanks and transformers, conversion of an existing interior storage room into a conditioned electrical room with new MCC, switchgear and PLC control panels and extending conduit and fiber from new electrical room to existing server room. Baptist Hospital, Bethesda East, Central Energy Plant, 2022; Responsible Project Manager for the - specialty mechanical process systems and control systems. Managed the mechanical construction team for the construction of a new central chiller plant and chilled water distribution system. Overall facility will produce over 4500 tons of cooling capacity. This work is situated within an active medical facility and subject to multiple sequenced limited duration shutdowns that are scheduled so to avoid any interruptions to the hospital's operations. Miami Dade Port Authority Terminal V, Central Chiller Plant 2021; Responsible Project Manager for the specialty mechanical process systems, ductwork and control systems. Managed the mechanical construction team for the construction of a new central chiller plant, chilled water and conditioned air distribution systems.This new facility was a design build project originally implemented to allow for the Port's master plan for expansion and created specifically for their newest tenant. City of Coral Gables Public Safety Building -Central Chiller Plant 2020; Responsible Project Manager for the specialty mechanical process systems, ductwork and control systems. Managed the mechanical construction team for the construction of a new central chiller plant, chilled water and conditioned air distribution systems. Miami Dade Water Sewer and Sewer, Consent Decree 5.12, Pump Station No.0187, Project Manager responsible for preconstruction services including, subcontract negotiations, material purchasing and scheduling. Led the team to a successful and safe completion. Project included the entire replacement of the existing switchgear, new integrated controls system and (4)650hp vertical inline pumps. - Miami Dade Water Sewer and Sewer, Consent Decree 1.2, Oxygen Production, Project Manager responsible for preconstruction services including, subcontract negotiations, material purchasing and scheduling. Project included the construction of a new two-story electrical switchgear building, installation of a new oxygen production generator and rehabilitation of existing oxygen generators. Broward County Water and Wastewater Services, Pump Station 450 Conversion, Project Manager _ responsible for preconstruction services including, subcontract negotiations, material purchasing and scheduling. Led the team to a successful and safe completion. Project included the entire replacement of the existing switchgear, bypass pumping system for the conversion from wet well to inline pumping system, (3)350hp end suction pumps, (3) 60hp jockey pumps and new integrated controls system. Miami Dade Water Sewer and Sewer, Hialeah WTP Expansion. Project included the demolition of the elevated water tower with lead abatement and disposal mandates. Additional work included the extension _ of the Plant's existing lime kilns stainless steel underground "stack gas" piping system for future connection to the John E. Preston WTP. Project included the construction of a new pumping facility building and the addition of two new CO2 systems. Rrojects Dolphin Stadium, Formula 1, Central Chiller Plant and HVAC Distribution FPLES, Downtown Cooling Facility-51,000 Ton Hours, Ice Plant-and Underground Utilities, Miami, FL = f t i Aviation Construction Projects (abridged summary of projects) r' MDAD, Miami International Airport Tunnel Relocation and Fuel System Expansion MDAD, Miami International Airport, Northside Utility Corridor. PIA, Philadelphia International Airport, Hammerhead D Terminal Extension and Fuel System Expansion PIA, Philadelphia International Airport, Fire Training Facility Drew Robinson Employment History 2022 to Present- Florida Design Contractors, West Palm Beach, FL, Project Superintendent Mr. Robinson is one of our Superintendents with over twenty years of experience in the construction industry. Mr. Robinson's responsibilities include, but not limited to,supervising building,site utilities,site development and construction management; conduct weekly project/safety meetings with subcontractors and company personnel; hold regular meetings with architects, subcontractors and vendors; prepare RFI's, scheduling of all inspections, scheduling of all subcontractors/material supplies, review monthly Pay Applications, prepare daily reports, and complete project tests as specified. Recent Project Experience City of Boca Raton— Nanofiltration Unit and Degasifier Upgrades Fabrication and installation of three (3) 24-inch diameter 316 stainless steel pipe spool pieces to replace existing flexible couplings and the pressure filter system feed header. Replacement of five (5) electric actuators and mounting hardware on NF Unit 1 through 10. Replacement of four(4)electric actuators and mounting hardware on NF Unit 4. Replacement of one electric actuator and mounting hardware on the First Stage Permeate Backpressure Valve. Replacement of six (6)electric actuators and mounting hardware on _ NF Unit 11 and 12. Replacement of four (4) combination air/vacuum breakers on NF Unit 1 through 10. Replacement of five (5) combination air/vacuurn breakers on NF Unit 11 and 12. Installation of an 8-inch diameter stainless steel wafer-style silent check valve on the permeate flush connection to each NF unit (total 12) on NF Unit 1 through 12. Rebuild/service of twelve (12) 10-inch diameter stainless steel globe- T style silent check valves, 38 stainless steel V-port ball valves (6-inch to 16-inch diameter)and six (6)6-inch diameter stainless steel globe-style pressure relief valves. Replacement of gaskets on valves and grove joint couplings. Replacement of two (2)electric actuators and mounting hardware on each Desgasifier 1, 2 and 6. Replacement of three (3) electric actuators and mounting hardware for each Degasifier 3 through 5. — Repair and rehabilitation of Odor Control Scrubber 1 and 2. City of Boca Raton—Replacement of the Sodium Hypochlorite Storage Tanks Removal and replacement of the City's six (6) fiberglass reinforced plastic (FRP) sodium hypochlorite storage tanks. The existing FRP sodium hypochlorite storage tanks shall be demolished and removed or furnished to the Owner. New FRP Sodium Hypochlorite Tanks No. 1 through 4 shall be fabricated,furnished, and installed. Existing FRP Sodium Hypochlorite Tanks No.5 and 6 exteriors shall be prepared and recoated as indicated on the drawings. Modifications to the existing sodium hypochlorite piping header as indicated on the drawings. City of Boca Raton—Reclaimed Water Disinfection & Compliance Upgrades Upgrades to the Flash Mixer Building, Compliance Sampling Building, and Chlorine Contact Basin. Flash Mixer Building: new drain lines, valves, reclaimed water lines, guardrails, two complete mixer assemblies, remove abandoned instrumentation, and re-coat the interior and exterior of the building inclusive of piping and other appurtenances. Compliance Sampling Building: demolition of existing building and construct a new building in a new location inclusive of walls, roof, foundation, sidewalks, doors, windows, HVAC, plumbing, mechanical, cabinetry, counters, refrigerators, sinks, electrical and instrumentation. Chlorine Contact Basin: New sample pumps, reclaimed water lines, conduits, guardrails, replace one vertical turbine high service pump, install solar panels with structural support system, electrical, instrumentation, and re- — coating the interior and exterior of the building inclusive of piping and other appurtenances. City of Plantation—Storage Tank Interior Recoating Repair of four(4) Pre-Stressed Ground Storage Tanks. City of Boca Raton—Intermittent Filter Backwash Upgrades Upgrades to the backwash system for the upflow filters at the reclaimed water treatment facility from continuous backwash to intermittent backwash. Town of Jupiter—Pressure Filter Media Replacement Remove and replace filter media consisting of silica sand,torpedo sand and three layers of graded gravel in three(3)40' long x 10' diameter horizontal pressure filters each divided into two filter cells, for a total of six filter cell, including but not limited to removal and legal off-site disposal of existing sand and gravel media, cleaning filter cells and interior components, manufacturer's inspection of filter cells and interior components, manufacturer's inspection reports, interior coating repairs,citric acid cleanings, repairs or replacement of air and water lateral piping,furnishing and installing new graded gravel and sand filter media,gaskets, exterior touch up painting,disinfection,testing,start-up,coordination with Owner,and manufacturer's representative. City of West Palm Beach—ECR Construction Phase—Mixed Liquor Transfer Channel Screens Installation of four(4)new Multi-Rake Bar Screens and all ancillary construction in the mixed liquor transfer channels between the extended aeration basins and the clarifiers at the ECRWRF. Project includes furnishing and installing the screens, complete with all electrical and controls improvements, as well as site civil improvements, related metal fabrication and structural, minor mechanical and site electrical and in trumentation as required to integrate the screens to the existing plant facilities. City of Boca Raton—Storage Tanks Inspection and Rehabilitation Miscellaneous general repairs and rehabilitation of the City's nine (9) prestressed concrete water ground storage tanks; repairs and rehabilitation of the City's two (2) elevated steel water storage tanks; repairs to the sidewalk around two (2) prestressed concrete reclaimed water ground storage tanks; and replacement of the 48-inch butterfly valve on a 7.5 MG potable water ground storage tank. o , m Li O c y C < m d = O n� E m z O 'E � y N m m c m t rn 0 x T E `o m O € Iq o 0 vm 5 3 5 c o I•31-1 ( E g o 19 c O zi d T fn U `U) Z O Q f di. L Y u ti w K E M w O w in N € - c� 8 cn L o o 0 29 m '� 30 9s ECc Eo a s L E n C m S y O H b H O N m i E 5 t.Qo _ m p a cad 0 a a2 Q O U a J N t N Y ` .Y B •�CD O EE 5 E, c. 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O LLZ _ 11' iV = U W o o Q w �'. "1 z Y � rf� Q o K .. W ® O a �, = N cn Q �� ° N � C Q W U =Z U O c g 1, N w _Z w NLLJ O I— Z J Y (U LL t W ~ u p to O Z O - U Z' ` 0 F- O U') O J a ° E m U U Z Z —� X > W J .' LL W V' cn ® GC 34-1 w — — F— > a V) Z Z w O v l7 u > W O a - w �-- V F- o OQ. o L C W 0 0 _ "Ci W ❑ FLORDES-06 COO E ACORv� CERTIFICATE OF LIABILITY INSURANCE DATDYYY) L---'" 2/28/228/Zo2s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 endorsements. PRODUCER C ACT Insurance Office of America PHONE FAX 4915 West Cypress Street A/C,No,EXt:(813)637-8877 A)c,No):(813)637-8484 Tampa,FL 33607 INSURER(S)AFFORDING COVERAGE NAICq_._ INSURER A:Crum&Forster SPBCIBIty In8UranCe Company 44620 -_ INSURED INSURER B:FCC[Insurance Company 10178 Florida Design Contractors,LLC JNSURIERc:Aspen American_Insurance Compafn _ 43460 1326 South Killian Dr. INSURER D:Benchmark Specialty Insurance Company_ 17180 Lake Park,FL 33403 L 4 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN-MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A66L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000'000 .. — CLAIMS-MADE rX-1 OCCUR EPK1469929 3/1/2025 3/1/2026 DAMAGE TO RENTED 80,600 cu a noel _-- _ X Professional Liab MED EXP(Any one person) 5,000 X PL-$1,000,000 PERSONAL&ADV INJURY 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 IPOLICY X jpa- 7LOC PRODUCTS-COMP/OP AGG 2,000,000 x OTHER:Pollution Liability Each Occurence 1,000,000 B AUTOMOBILE LIABILITY EORMlI9B511der1tSINGLE INGLELIMIT 11000,000 X ANY AUTO CA10009050201 3/1/2025 311/2026 BODILY INJURY Perperson) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident _ AUTOS ONLY AUTOS ONLY r a eld nl AMAGE — A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 6,000,000 EXCESS LIAB CLAIMS-MADE EFX124763 3/1/2026 3/1/2026 AGGREGATE $ 6,000,000 DED I X I RETENTION$ 0 B WORKERS COMPENSATION X I PER OTH- AND EMPLOYERS'LIABILITY WCOIOOOB060301 3/1/2025 3/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ FICCEqq/MEMBER EXCLUDED' NIA 1,000,000 andatory In NH) E.L.DISEASE-EA EMPLOYE $ _ It yyea de TlDN'under 1,000,000 DESCRIPTION OF OPERATIONS below E.L,DISEASE-POLICY LIMIT C Leased/Rented Equip IM0103Y26 3/1/2026 3/1/2026 Limit 260,000 D Excess Liability MNGRX2000879 3/1/2026 311/2026 Each Occurence 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION •� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. a.r AUTHORIZED REPRESENTATIVE lEvIdence of Insurance 44— ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1^ A N N c M. G A N N O N P.O. Box 3353,West Palm Beach, FL 33402-3353 "LOCATED AT" www.pbctax.com Tel: (561)355-2264 '1326 S KILLIAN DRIVE CONSTITUTIONAL TAX COLLECTOR R LAKE PARK, FL 33403-1919 0y�;;�. ? Serving Pnlul Ilene/r County Serving you. ... TYPE Of BUSINESS OWNER CERTIFICATION t/ RECEIPT WDATE PAID AMT PAID BILL ll GENERAL CONTRACTOR FLORIDA DESIGN CGC1528648 B24.620436 07I702024 >27,50 640128310 CONTRACTORS11c ..r This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY FLORIDA DESIGN CONTRACTORS LLC 2024/2025 LOCAL BUSINESS TAX RECEIPT ,,. FLORIDA DESIGN CONTRACTORS LLC LBTR Number: 199602410 y 1326 S KILLIAN DR EXPIRES: 09/30/2025 LAKE PARK FL 33403-1919 This receipt MUST be conspicuously displayed at the place of business and in Such a manner as to be open to the view of the public. I P- AN N E M. GAN N O N P.O. Box 3353,West Palm Beach, FL 33402-3353 "LOCATED AT'* www.pbctax.corn Tel: (561)355-2264 1326 S KILLIAN DRIVE CONSTITUTIONAL TAX COLLECTOR LAKE PARK, FL 33403-1919 Serving Pahn Beach Comity Serving t/nu. TYPE OF BUSINESS I OWNER CERTIFICATION N I RECEIPT N/DATE PAID I AMT PAID I BILL N CW GENERAL CONTRACTOR I RANDOLPH JUSTIN SH, I B24.620440 07/10/202,1 1 $369.60 1 B40128309 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY FLORIDA DESIGN CONTRACTORS Ilc 2024/2025 LOCAL BUSINESS TAX RECEIPT FLORIDA DESIGN CONTRACTORS LLC LBTR Number: 199602411 1326 S KILLIAN DRIVE EXPIRES: 09/30/2025 "•'•`'•" LAKE PARK FL 33403-1919 This receipt MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. P.O. Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT** 1 ANNE M. GANNON www pbctax.com Tel: (561)355-2264 '1326 S KILLIAN DRIVE CONSTITUTIONAL TAX COLLECTOR LAKE PARK, FL 33403-1919 Serving Palm Beach County Serving you. TYPE OF BUSINESS OWNER I CERTIFICATION N 1 RECEIPT N/DATE PAID I AMT PAID I BILL N MECHANICAL CONTRACTOR I A,IFYFR JAMES FREDERICK Jr ICHIC 1251310 1 B24.620800 07/101202.1 1 $27.50 1 840189692 .— This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY FLORIDA DESIGN CONTRACTORS Ilc 20241 2025 LOCAL BUSINESS TAX RECEIPT FLORIDA DESIGN CONTRACTORS LLC LBTR Number: 2024163197 1326 S KILLIAN DRIVE LAKE PARK FL 33403 '1919 EXPIRES: 09/30/2025 This receipt MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. r F W � N H � [� W O r A W F� a Li G1 Q J z oz H coo cow U � o o wv A O zw W ¢ o 00 cn UZAO ww � �'" ¢ Q H C/) cn � W �1 WO � cWn Za0W m z o a — � ooW cn z o Ur RO�y Z a 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, terns 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: Florida Design Contractors, LLC Address: 1326 S. Killian Drive, Lake Park, FL 33403 Phone: 561-845-1233 Fax Number: r, Bidder(Print Name): Kenneth Boone Position with Company: Senior Vice President [BHder ignature] 04/16/2025 [date] THE STATE OF FLORIDA COUNTY OF PALM BEACH _ The foregoing instrument was acknowledged before me by means of[X] physical presence or [ ] online notarization this 16th day of April 2025, by , who is [X] personally known to me or [ J who has produced a as identification and who did/did not take an oath. (SEAL) ' + AWNDAJ•DENTON Notary Public WAX, , MYCOMMISSIONOHH598307 State of Florida AX, EXPIRES:JamWy 25.2029 00453-1 NONCOLLUSION AFFIDAVIT r f.r SECTION 00454 DRUG-FREE WORKPLACE CERTIFICATE I,the undersigned,in accordance with Florida Statute 287.087,hereby certify that Florida Design Contractors, LLC (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 firm's policy of maintaining a drug-free working enviromnent 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." .Jz� Au d Signature 04/16/ 25 Date Signed State of: Florida County of: Palm Beach Sworn to and subscribed before me this16 day of April 2025 Personally known or Produced Identification (Specify Type of Identification) Signature of tary :° '' AMANDAJ.DENTON — '*' *° MY COMMISSION#HH 599307 EXPIRES:Jawary 25,2029 My Commission Expires 01/25/2029 00454-1 DRUG-FREE WORKPLACE CERTIFICATE SECTION 00455 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES,ON PUBLIC ENTITY CRIMES SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES .., THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Village of Tequesta [print name of the public entity] By Kenneth Boone, Senior Vice President [print individual's name and title] For Florida Design Contractors, LLC [print name of entity submitting sworn statement] whose business address is 1326 S. Killian Drive, Lake Park, FL 33403 r- and(if applicable)its Federal Employer Identification Number(FEIN) is .65-0306966 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 2. I understand that a"public entity crime"as defined in Paragraph 287.133(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 287.133(1)(b), Florida Statutes, means a finding or guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of 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 among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 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, `f 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. y- 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. 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, Division 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 287.017,FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [sig ture 04/16/2025 [date] 00455-2 PUBLIC ENTITY CRIMES vd r. THE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was aclaiowledged before me by means of[X] physical presence or [ ] online notarization this 16th day of April , 2025 , by Kenneth Boone , who is [A personally known to me or who has [ ] produced a as identification and who did/did not take an oath. (SEAL) w tiKrn AMANDAJ.DENTON MY COMMISSION#HH 599307 EXPIRES:January 25,2029 Notary Public OF F� State of Florida I� i 00455-3 PUBLIC ENTITY CRIMES r y SECTION 00456 SCRUTIMZED COMPANIES CERTIFICATION FORM By execution below, I, Kenneth Boone on behalf of Florida Design Contractors, LLC (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 tern 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: Florida Design Contractors, LLC By: Name: Edth Boone Title: Seni r Vice President Date: 04/16/2025 ^` STATE OF FLORIDA COUNTY OF Palm Beach 00456-1 SCRUTINIZED COMPANIES ar The foregoing instrument was sworn to (or affirmed) and subscribed before this 16th day of April , 20 25 , by Kenneth Boone who is the Senior Vice President of Florida Design Contractors, LLC who is personally known to me or who has produced as identification. .. . NOTARY PUBLIC AMANDAJ.DENTON Printed Name of Notary Amanda J. Denton *: MY COMMISSION#HH599307 My Commission expires: 01/25/2029 s�• o`: •'r�,OF M1.OPi• W''11GV.Jer�uary 25,2U29 00456-2 SCRUTINIZED COMPANIES 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date 1 03/28/2025 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 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. Section 00410,Bid Form for Construction Contract , Page 3 of 5 SECTION 00457 CONTRACTOR E-VERIFY AFFIDAVIT I hereby certify that Florida Design Contractors. LLC [insert contractor company name]does not employ, contract with, or subcontract with an unauthorized alien, and is otherwise in full compliance with Section 448.095, Florida Statutes. All employees hired on or after January 1, 2021, have had their work authorization status verified through the E-Verify system. A true and correct copy of Florida Design Contractors, LLC [insert contractor company name] proof of registration in the E-Verify system is attached to this Affidavit. Pri it Nam : Kenneth Boone Date: 04/16/2025 STATE OF FLORIDA COUNTY OF Palm Beach ^ The foregoing instrument was acknowledged before me by means of/physical presence or/online notarization, this4/16/2fdate) by Kenneth Boone (name of officer or ... agent) of Florida Design Contractors, LLC (name of contractor company acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of �- identification) as identification. [Notary Seal] Notary Public �� '11'1�� "' ,,,,, :i?•' �+:• AMANDA J.DENTON *: *: MY COMMISSION#HH 599307 Amanda J. Denton EXPIRES:January 25,2029 Name typed,printed or stamped My Commission Expires: 01/25/2029 00457-1 CONTRACTOR E-VERIFY AFFIDAVIT y Company ID Number: 398968 Information Required for the E-Verify Pro q Y ram 9 fi Information relating to your Company: Florida Design Contractors Inc Company Name 1326 South Killian Drive Lake Park, FL 33403 Company Facility Address — Company Alternate Address County or Parish PALM BEACH Employer Identification Number 650306966 North American Industry 238 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers Revision Date 06/01/13 BID FORM FOR CONSTRUCTION CONTRACT 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 Utilities Department 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 M. Contractor E-Verify Affidavit N. Subcontractor E-Verify Affidavit Section 00410,Bid Form for Construction Contract Page 1 of 5 ARTICLE 3—BASIS OF BID 3.01 Lump Sum Bids A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s): 1. Lump Sum Price (Single Lump Sum) Mobilization&Demobilization (Not to exceed $ -- 8%of Total Bid Price) 7-f. °o Project Bonds& Insurance $ IP-51 00 0 — Filter Pressure Vessel Rehabilitation $ 755., 6— Undefined Conditions Allowance $50,000.00 Total Lump Sum Bid Price �'i 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 F 4 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. 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. Section 00410,Bid Form for Construction Contract Page 2 of 5 -- 5.03 Receipt of Addenda A. Bidder hereby acknowledges receipt of the following Addenda: Addendum Number Addendum Date 1 03/28/2025 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 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. Section 00410,Bid Form for Construction Contract Page 3 of 5 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 L 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 Page 4 of 5 �. BIDDER hereby submits this Bid as set forth above: Bidder: Florida Design Contractors, LLC .� (typed or printed name of organization) By: (individual's signature) Name: Ken eth Boone (typed or printed) Title: Senior Vice President (typed or printed) Date: 04/16/2025 (typed or printed) If Bidder is a car oration,a partnership, oint venture,attach evidence of authority to sign. Attest: hm ,,. (individual's signature) Name: bnmL d& be1r1i-011 (typed or printed) .M Title: (�,� ���-y'1 eSS (typed or printed) Date; Q�I Ito aQ�S (typed or printed) Address for giving notices: 1326 S. Killian Drive Lake Park FL 33403 Bidder's Contact; Name: Kenneth Boone (typed or printed) Title: Senior Vice President ... (typed or printed) Phone: 561-845-1233 Email: bids@floridadesigncontractors.com Address: 1326 S. Killian Drive .. Lake Park, FL 33403 Bidder's Contractor License No.: CGC1528648 Section 00410,Bid Form for Construction Contract Page 5 of 5 Notice of Intent to Award DATE: April 17, 2025 TO: Florida Design Contractors, LLC 1326 S. Killian Drive Lake Park, FL 33403 ATT: Kenneth Boone,Senior Vice President PROJECT: Water Treatment Plant(WTP) Filter(Pressurized Vessel) Plant Upgrades To Whom It May Concern: This is to advise that on May 8, 2025, a recommendation for award of the above referenced Contract will be made to the Tequesta Village Council as a result of your bid in the amount of$869,974.00 submitted to the Village of Tequesta (Owner) on April 16,2025. Two (2) sets of the Project Manual for this project are enclosed. Each set contains an unexecuted agreement. Please sign both sets of the Agreement and include the following additional documentation necessary for ` execution of the Agreement/Contract. All documents within the agreement should be left un-dated; the Village will date documents upon execution. After signing each agreement, return both sets with supporting documentation to our office for final signatures. Provide two current Certificates of Insurance naming the Village of Tequesta as an additional insured per the requirements of the contract. Please return both signed Project Manuals with supporting documentation to Jennifer Todd, Office Manager, at 345 Tequesta Drive,Tequesta, FL 33469 for Village signatures. Your attention is invited to the provision whereby your proposal guarantee may be forfeited in the event the Agreement with insurance and any other additional documentation is not executed and delivered to the Owner within fifteen (15) consecutive calendar days from April 17,2025. One fully executed original and one copy of the executed Agreement/Contract will be provided to you along with Conformed Construction Documents on or before the Pre-Work meeting. Sincerely, At Al Ilyson Felsburg Village of Tequesta Deputy Director, Utilities - Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades soft Notice of Award •• DATE: M TO: Florida Design Contractors, LLC 1326 S. Killian Drive Lake Park, FL 33403 ATT: Kenneth Boone, Senior Vice President PROJECT: Water Treatment Plant(WTP) Filter(Pressurized Vessel) Plant Upgrades To Whom It May Concern: This is to advise you that on May 8,2025,the Tequesta Village Council approved award of a construction contract to your firm, for the above referenced project as a result of your bid on April 16, 2025, in the amount of $869,974.00. One fully executed original and one copy of the executed Agreement/Contract will be provided to you along with Conformed Construction Documents on or before the date of the Pre-Work meeting. A Notice to Proceed will be issued for commencement of the Contract Time. We look forward to working with you on this project. Sincerely, Allyson Felsburg Village of Tequesta Deputy Director, Utilities soft soft Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Agreement (Contract) Between Owner and Contractor This Agreement (Contract) made this day of , 2025 by and between the Village of Tequesta, a public agency of the State of Florida hereinafter designated as the "the VILLAGE" and "OWNER", and Florida Design Contractors, LLC, 1326 S. Killian Drive Lake Park, FL 33403, a Corporation, whose Federal I.D. number is 65-0306966, hereinafter designated as "the CONTRACTOR", in consideration of the mutual covenants hereinafter set forth agree as follows: — ARTICLE 1. WORK. 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor and materials necessary for the refurbishment and replacement of internal components of six(6)existing pre-treatment filtration pressurized vessels located at the Village of Tequesta Water Treatment Plant in Palm Beach County, Florida per these contraction documents. 1.2 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: WATER TREATMENT PLANT(WTP) FILTER (PRESSURIZED VESSEL) PLANT UPGRADES FOR THE VILLAGE OF TEQUESTA UTILITIES, TEQUESTA, FLORIDA ARTICLE 2. ENGINEER. 2.1 The specifications and drawings have been designed by: Kimley-Horn &Associates Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 ARTICLE 3. CONTRACT TIME. 3.1 The Work will have substantial completion dates and final completion dates after the date when the Contract Time commences to run as provided in Article 4 of the General Conditions, and as outlined below. The work will be completed and ready for substantial and final payments in accordance with Article 15 of the General Conditions and as outlined below: — 3.1.(a). Substantial Completion: 210 calendar days from Notice to Proceed 3.2.(a). Final Completion: 240 calendar days from Notice to Proceed J Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Article 3.1 above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not substantially complete on time.Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred 00/100 dollars ($500.00) for each day that expires after the Contract Substantial Completion time specified in Article 3.1, and until the Work of the Contract reaches substantial completion, and Five Hundred 00/100 dollars ($500.00) for each day that expires after the Contract Final Completion time specified in Article 3.1, and until the Work of the Contract reaches final completion. Liquidated damages under this Contract will be applied to each Contract Milestone Completion date individually until the Work of each respective Contract Milestone identified in Article 3.1 achieves Substantial and Final Completion,as required, by the Contract requirements. Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades OWNER may withhold payment to compensate for liquidated damages either by increasing the amount of money being held in retainage or deducting the amount due in Liquidated Damages from the final payment application. Liquidated damages under this Contract will be applied to each individual Contract Milestone Substantial Completion date and each individual Contract Milestone Final Completion date, identified in Article 3.1 of this Agreement, or as represented in any subsequent executed change order to this Contract for changes in Contract Time, in accordance with Article 11.08 of the EJCDC Standard General Conditions of the Construction Contract. ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds according to the Contract Unit Prices. ARTICLE 5. PAYMENT PROCEDURES. 5.1 CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the General Conditions.Applications for payment will be processed by OWNER as provided in the General Conditions. 5.2 The undersigned, acknowledges that payments made by the Village of Tequesta will be made via check — and vendor will provide the Village of Tequesta with the information required to establish the CONTRACTOR as a vendor. 5.3 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment within 30 days of receipt of each monthly approved application for payment during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the agreed upon schedule of values provided for in Article 15.01 of the General Conditions. 5.4 Progress payments will be made in an amount equal to 95%of the Work completed,and 95%of materials and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. OWNER is not obligated to pay for stored materials and may — choose to withhold payment until materials are incorporated into the Work. 5.5 OWNER,at its discretion, may further increase payments to 98%of the work completed upon Substantial Completion. OWNER is not obligated to increase payments to 98%of work completed. 5.6 Final Payment. Upon final completion and acceptance of the Work in accordance with Article 15 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said Article 15 of the General Conditions unless liquidated damages are due. ARTICLE 6. INTEREST. 6.1 All amounts not paid when due shall bear interest at the rate of 1 percent per annum. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. A Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 7.2 CONTRACTOR has visited the Site,conducted a thorough,alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 7.4 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 drawings/figures 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. 7.5 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. 7.6 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. 7.7 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. 7.8 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 7.9 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 8. CONTRACT DOCUMENTS. 8.1 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following: 8.1(a) Table of Contents 8.1(b) Invitation to Bid 8.1(c) Bid Form (Including List of Subcontractors and Qualification Requirements) 8.1(d) Notice of Intent to Award 8.1(e) Notice of Award 8.1(f) Agreement (Contract) between OWNER and CONTRACTOR 8.1(g) Payment Bond 8.1(h) Performance Bond 8.1(i) Opinion of Village Attorney 8.1(j) Notice to Proceed 8.1(k) General Conditions 8.1(1) Supplementary Conditions Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 8.1(m) Technical Specifications including Appendices bearing the title: WATER TREATMENT PLANT (WTP) FILTER PRESSURIZED VESSEL UPGRADES 8.1(n) Drawings bearing the title:VILLAG EOF TEQUESTA WTP FILTER PRESSURE VESSEL UPGRADES 8.2 There are no Contract Documents other than those listed above in this Article 8.The Contract Documents may only be altered, amended or repealed by a modification described in Article 1 of the General Conditions of the Contract. ARTICLE 9. MISCELLANEOUS. -- 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors,assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 The Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the CONTRACTOR and its subcontractors and lower tier subcontractors. The CONTRACTOR understands and agrees that in addition to other remedies and consequences provided by law,the failure of the CONTRACTOR or its subcontractors or lower tier subcontractors to fully cooperate with the Office of Inspector General of Palm Beach County when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. The Office of Inspector General in Palm Beach County is established by Palm Beach County Code, Section 2-421-2-440. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code,Section 2-421—2-440,and be punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 9.5 This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida Statutes, which generally makes public all records or other writings made by or received by the parties.The CONTRACTOR acknowledges its legal obligation to comply with § 119.0701, Florida Statutes. 9.5(a) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 9.5(b) If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 9.5(c) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. Village of Tequesta Utilities .. Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 9.5(d) 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 CUSTODIAN OF PUBLIC RECORDS AT 561-768-0443, LMCWILLIAMS@TEQUESTA.ORG, OR 345 TEQUESTA DRIVE, TEQUESTA, FL 33469. 9.6 Indemnity 9.6(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 CONSTRACTOR 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. 9.6(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 CONTRATCOR 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. 9.6(c) It is the specific intent of the parties hereto that the foregoing indemnification complies with R' 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. 9.7 Governing Law and Remedies Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 9.7(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. 9.7(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. 9.8 Office of the Inspector General 9.8(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. 9.9 Insurance 9.9(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.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 $1,000,000 (Bodily Injury and Property Damage) 3.Automobile Liability under paragraph 6.03.D of the General Conditions: a. Bodily Injury: Each Person $500,000 Each Accident $1,000,000 d. 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: Village of Tequesta Utilities .. Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 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 ofTequesta 9.10 Audit By OWNER 9.10(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. 9.11 Copies of Data/Documents 9.11(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. 9.12 Ownership 9.12(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. 9.13 Limitations of Liability 9.13(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. 9.14 Enforcement Costs 9.14(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. 9.15 Copyrights and/or Patent Rights 9.15(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. 9.16 Protection of Property 9.16(a) The CONTRATOR shall at all times guard against damage or loss to the property of the OWNER 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. 9.17 Damage to Persons or Property 9.17(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. 9.18 Discrimination 9.18(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 Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades 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. 9.19 Construction Defects 9.19(a) PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 9.20 Public Entity Crimes 9.20(a) 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 forthe 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. 9.21 Scrutinized Companies 9.21(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. 9.21(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. 9.21(c) The CONTRACTOR agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. 9.21(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. 9.21(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. 9.21(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. 9.22 Employment Eligibility 9.22(a) This Agreement is subject to and governed by the laws of the State of Florida, including without limitation Chapter 448, Florida Statutes, which provides for General Labor Regulations, and specifically Section 448.095, Employment Eligibility. The CONTRACTOR acknowledges its legal obligation to comply with §448.095, Florida Statutes. (i) Pursuant to Section 448.095, Florida Statutes, beginning January 1, 2021, CONTRACTOR shall register with and use the U.S. Department of Homeland Security's E-Verify system, https:He- Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades verifv.uscis.gov/emp, to verify the work authorization status of all CONTRACTOR employees hired on and after January 1, 2021. (ii) Subcontractors— a) CONTRACTOR shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. b) CONTRACTOR shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ,contract with,or subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. — c) CONTRACTOR shall provide a copy of all subcontractor affidavits to the Village upon receipt and shall maintain a copy for the duration of the Agreement. (iii) 3. CONTRACTOR must provide evidence of compliance with Section 448.095, Florida Statutes. — Evidence shall consist of an affidavit from the CONTRACTOR stating all employees hired on and after January 1, 2021, have had their work authorization status verified through the E-Verify system and a copy of their proof of registration is in the E-Verify system. (iv) 4. Failure to comply with this provision is a material breach of the Agreement and shall result in the immediate termination of the Agreement without penalty to the Village. CONTRACTOR shall be liable for all costs incurred by the Village to secure a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. — IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this Agreement. At least one counterpart each has been delivered to OWNER and CONTRACTOR.All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER CONTRACTOR — Village of Tequesta Florida Design Contractors, LLC 345 Tequesta Drive 1326 S. Killian Drive Tequesta, FL 33469 Lake Park, FL 33403 By: W RACToRS Molly Young, Mayor Kenneth Bon eni = e Pre nt << U O v � (VILLAGE SEAL) °�jE. F j .,, (CORPORATE SEAL) j OQQ�4i�o,V � ATTEST INC :--�= ATTEST EFAL ORPOR :a -(.P ATEp 1 A, ,^C uG, ,,,,,,,,FLOC�� � Lori McWilliams,Village Clerk PRINT NAME AND OS ON r,pta\I1. ,� I.c7rFr S Village of Tequesta Utilities - Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2)AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. PUBLIC CONDITIONAL Payment Bond Contractor Surety Name: Florida Design Contractors, LLC Name: The Hanover Insurance Company Phone: 561-275-2278 Phone 508-453-7200 Address(principal place of business): Address (principal place of business): 1326 S. Killian Dr., Lake Park FL 3343 440 Lincoln St., Worcester MA 01653-0002 Owner Contract Name: Village of Tequesta Description(name and location): Phone: 561-768-0497 Water Treatment Plant(WTP) Filter(Pressurized Vessel) — Mailing address(principal place of business): Plant Upgrades,Tequesta, Florida Utilities Department 345 Tequesta Drive Contract Price: $ $869,974.00 Tequesta, FL 33469 Effective Date of Contract: , 2025 Bond Number: 1115343 Bond Amount: $869,974.00 (*Eight Hundred Sixty-nine thousand Nine Hundred Seventy-four Date of Bond: an 0/100 Dollars 2025 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None 0 See Paragraph 19 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 �oNT,Q4 Florida Design Contractors, LLC a Hanover Insurance Company (full fo mol na ontractor) 0 (Full formal name of Surety)(corporate seal), By: (S' ture) Q "- eJE9 (Signature)(Attach Power of Attorney) Name: 1 e: Kevin R. Wojtowicz (Printed or typed) Q� Q. (Printed or typed) Title: O� 1� Atto t and Florida Licensed itle: Attest: _ Attest: _ (Signature (Signature) Name: Name: Eileen Heard (Printed or typed) (Printed or typed) Title: IL 4nns Title: Surety Witness 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. Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Bond No. 1115343 Payment Bond (Continued) _ 1.0 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. 2.0 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. 3.0 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. 4.0 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. _ 5.0 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). _ 6.0 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. 7.0 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. Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Bond No. 1115343 Payment Bond (Continued) _ 8.0 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. 9.0 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. ._ 10.0 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. 11.0 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. 12.0 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. 13.0 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. 14.0 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. 15.0 This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended. A _ claimant, except a laborer, who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against the contractor or the surety unless both notices have been given. No action shall be instituted against the contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies. 16.0 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. Village of Tequesta Utilities Water Treatment Plant(w"rP)Filter(Pressurized Vessel)Plant Upgrades Bond No. 1115343 Payment Bond (Continued) 17.0 Definitions 17.1 Claim—A written statement by the Claimant including at a minimum: 17.1.1 The name of the Claimant; 17.1.2 The name of the person for whom the labor was done,or materials or equipment furnished; 17.1.3 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; 17.1.4 A brief description of the labor, materials, or equipment furnished; 17.1.5 The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 17.1.6 The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 17.1.7 The total amount of previous payments received by the Claimant; and �. 17.1.8 The total amount due and unpaid to the Claimant for labor, materials,or equipment furnished as of the date of the Claim. 17.2 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. 17.3 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. 17.4 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. 17.5 Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 18.0 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. .. 19.0 Modifications to this Bond are as follows: Request for assigned bond number and for phone numbers of each party listed on the bond (Contractor, Surety, and Owner). Addition of Paragraph 15 and renumbering of the paragraphs thereafter. THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS r. 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Performance Bond Contractor Surety Name: Florida Design Contractors, LLC Name: The Hanover Insurance Company Phone: 561-275-2278 Phone: (508)853-7200 Address(principal place of business): Address(principal place of business): 1325 S.Klliian Dr.,Lake Park FL 33403 440 Lincoln St.,Worcester MA 01653-0002 Owner Contract Name: Village of Tequesta Description (name and location): Phone: 561-768-0497 Water Treatment Plant(W'TP) Filter (Pressurized Mailing address(principal place of business): Vessel) Plant Upgrades,Tequesta, Florida Utilities Department 345 Tequesta Drive Tequesta, FL 33469 Contract Price: $ $869,974.00" Effective Date of Contract: , 2025 Bond Number: 1115343 Bond Amount: $869,974.00 "(Eight Hundred Sixty-nine Thousand Nine Hundred Seventy-four and 00/100 Dollars) Date of Bond: 12025 (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None❑x See Paragraph 17 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 GON.rt T Surety Florida Design Contractors, LLC C O The Hanover Insurance Company _ (Ful formal ame of Con ,�, � (Full formal name of Surety)(corporate seal) BY W Q�� r- Y ignat (� C��99y C) (Signature)(Attach Power of Attorney) •� Name: Q. Name: Kevin R. Woltowicz _ (Printed or ty O 0.1� (Printed or typed) Title: C LO Title: Attorn man lorida Licensed Attest: Attest: Signat(ile) (Signature) Name: Ayatnda J, b01*1 Name: Eileen Hear (Printed or typed) (Printed or typed) Title: Witness Title: Surety Witness !" 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. r Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades E Bond No. 1115343 Performance Bond (Continued) 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 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. 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: 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. Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades .. Performance Bond (Continued) Bond No 1115343 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 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. This bond is issued in compliance with Section 255.05, Florida Statutes (1987), as may be amended, which statute supersedes this bond to the extent of any conflict, and to the extent the Public .. Construction Bond coverage provided in such statute may be broader than this bond. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for his labor, materials,or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades Bond No. 1115343 Performance Bond (Continued) the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for his labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the surety written notice of the performance of the labor or delivery of the materials '— or supplies and of the nonpayment. No action for the labor, materials,or supplies may be instituted against the Contractor or the surety unless both notices have been given. No action shall be instituted against the Contractor or the surety on the bond after 1 year from the performance of the labor or completion of delivery of the materials or supplies. 15. Definitions 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. 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. 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. 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. 5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 16. 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. 17. Modifications to this Bond are as follows: Request for assigned bond number and for phone numbers of each party listed on the bond (Contractor, Surety, and Owner). Addition of Paragraph 14 and �. renumbering of the paragraphs thereafter. THIS SPACE WAS INTENTIONALLY LEFT BLANK PROCEED TO NEXT PAGE r- Village of Tequesta Utilities Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing underthe laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company')does hereby constitute and appoint, Kevin R.Wojtowicz,Jessica Reno,Laura D.Mosholder and/or Robert H.Bond Of Acrisure of St.Petersburg,FL each individually,if there be more than one named,as its true and lawful attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds,recognizances,undertakings,or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company,in their own proper persons.Provided however,that this —' power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States,not to exceed Fifty Million and No/100($50,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President,in conjunction with any Vice President,be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,any and all bonds, recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal ofthe Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.(Adopted October 7,1981- The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America and affirmed by each Company on March 24,2014) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 23rd day of August,2024 P � tarp I he Hanover Insurance Compaa) The Ilasover Insurance Company �. Massaehasetts Bay Insurance Company t< chusetts Bay Insurance Company Citizens Insurance Company-of America t as insurance Company of America 349M 94��A ',/A% yaAa-.4 .� JnFr4s H.Kawieckl,Vice President lion M.Mendoza,Vice President STATE OF CONNECTICUT ) COUNTY OF HARTFORD )ss. On this 23rd day of August, 2024 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Wendy Lat©umes Notary POW,State of Conne c jcut in t.at©IJ es, OtAryPublic E&- IMYCOiMY1liSSi01I Expires Ady 31,2025 My comrnislii n ex iron JuIy 31,2025 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify �. that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this_ _day of The a Insurance omps e is Bay Ins say CERTIFIED COPY Ci n ra ce A ha Rewedder,Vice President Opinion of Village Attorney This is to certify that I have examined the attached Contract Documents,that after such examination, I am of the opinion that such documents conform to the laws of the State of Florida, that the execution of the Contract and the Contract Bonds is in due and properform,that the representative of the respective Contracting Parties have full power and authority to execute such Contract and Contract Bond on behalf of the respective Contracting Parties and that the foregoing agreements constitute valid and binding obligations on such parties. AM'Davis, Esquil.* Attorney for v fage of Tequesta This the r day of_' ' 120 Village of Tequesta Utilities Water Treatment Plant(wTP)Filter(Pressurized Vessel)Plant Upgrades 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......................................................................................10 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 E1CDC1 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 5.05 Underground Facilities................................................................................................................17 5.06 Hazardous Environmental Conditions at Site .............................................................................19 Article 6—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 f 7.18 Indemnification...........................................................................................................................39 7.19 Delegation of Professional Design Services................................................................................39 Article8—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. CopyrightO 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 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—Engineer's Status During Construction....................................................................................44 10.01 Owner's Representative..........................................................................................................44 10.02 Visits to Site.............................................................................................................................44 10.03 Resident Project Representative.............................................................................................44 10.04 Engineer's 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 Engineer's 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 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 T 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 T 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. CopyrightO' 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 ^ 18.03 Cumulative Remedies ............................................................................................................70 18.04 Limitation of Damages 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 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. S. 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 ^ 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 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 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 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 i 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 orAdjectives: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 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 T 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 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 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 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. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 70 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 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. E1CDC®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 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 5—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 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 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 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 r. 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 .r 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; ..r 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 - 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. Copyrightc 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 18 of 70 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.B. 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 "r 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 u 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 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 E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. - Page 20 of 70 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 5.06.6, 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 r. is responsible,orto a Hazardous Environmental Condition created by Contractoror 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—BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond,each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of 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 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 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 maintainingthe 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. E1CDC®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 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 15.06.1)), 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 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 i i 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 -r 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,orthe 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 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 may be made payable by the insurer eitherjointly 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 .r (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 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 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. E1CDC®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 Y 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. E1CDC®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 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. E1CDC®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 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. �^ E1CDC®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 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 deliverthese record documents to Engineer. E1CDC®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 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. w 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 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 .f 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 - 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 E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 36 of 70 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,subjectto 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. .Y 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 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 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer 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 12.01.8, 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 s 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(orthe 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 - 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 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 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 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 14.02.13. -- 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 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 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 ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be 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 11.03.8, 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. 'r 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 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 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 13.01.13.1 and 13.01.13.2,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.B.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, 13.01.6.5, 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 13.01.13.1; incorporated materials and equipment costs, Paragraph 13.01.13.2; Subcontract costs, Paragraph 13.013.3; special consultants costs, Paragraph 13.01.6.4; 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 i 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 _ E1CDC®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 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 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 anytime 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 rt 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 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 ... E1CDC®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 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. ^" E1CDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, y and American Society of Civil Engineers.All rights reserved. Page 53 of 70 - 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.B.1 or specifically covered by Paragraph 13.01.B.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 E1CDC®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. .r Page 54 of 70 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 - - 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 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 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 Y 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, E1CDC®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 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 ^ 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 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: r. 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 1 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 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 significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time,Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner,and Engineer will follow the procedures of Paragraph 15.03.A through 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 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 s 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 12.01.6, 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 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. T, C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within 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 16.02.6, 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 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 E1CDC®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 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 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 ^ ^ 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—COMMENCEMENT AND PROGRESS OF THE WORK 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. SC-4.05 Delays in Contractor's Progress EJCDC®C-800,Supplementary 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 11 SC-4.05 Amend Paragraph 4.05.C.1 to include hurricanes. ARTICLE 5— 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 Delete Paragraphs 5.03.A and 5.03.E in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or adjacent to the Site, or drawings of physical conditions relating to existing surface or subsurface _ structures at the Site, are known to Owner. 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 Department Circular Number 570. Contractor will cause the Bonds to be recorded with the Clerk EJCDC®C-800,Supplementary 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 11 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 nonresponsiveness 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 EJCDC®C-800,Supplementary 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 11 ..r following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism;vehicle impact; aircraft; smoke;theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity,and other earth movement;flood;collapse;explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake;volcanic activity, and other earth movement;or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery,apparatus,equipment,fixtures,and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work,fences, shoring,falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). 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. `r 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. EJCDC®C-800,Supplementary 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 11 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 attorney's fees and engineering or other consultants'fees, if not otherwise covered; 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(3`d Monday in February) Memorial Day(Last Monday of May) Juneteenth Day(June 19) �. Independence Day(July 4) Labor Day(V Monday of September) Veteran's Day(November 11) Thanksgiving Day(4"Thursday of November) Day After Thanksgiving(4`h 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 EJCDC®C-800,Supplementary 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 S of 11 are unable to agree as to the amount owed, then Owner may impose a reasonable set- off against payments due under Article 15. SC-7.08 Patent Fees and Royalties SC-7.08.6. 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 EJCDC®C-800,Supplementary 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 11 w ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION SC-10.03 Resident Project Representative SC-10.03 Add the following new paragraphs immediately after Paragraph 10.03.13: 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. r 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. 5. 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. r EJCDC®C-800,Supplementary 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 11 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. 8. Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor's work in progress to assist w 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 'r 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. ,r 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. EJCDC®C-800,Supplementary 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 11 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. 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 f 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. 5. 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. EJCDC®C-800,Supplementary 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 11 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 12—CLAIMS SC-12.01 Claims SC 12.01.E Amend the first sentence of paragraph 12.01.13 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.5.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. EJCDC®C-800,Supplementary Conditions of the Construction Contract. Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies, .r and American Society of Civil Engineers.All rights reserved. Page 10 of 11 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 15.01.6.3 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 15.03.6: 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 ow unable to agree as to the amount owed,then Owner may impose a reasonable set- off against payments due under Article 15. .. EJCDC®C-800,Supplementary 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 11 Work Change Directive No. Date of Issuance: Effective Date: Owner: Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: 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 $ [increase] [decrease]. Contract Time days [increase] [decrease]. Basis of estimated change in Contract Price: ❑ Lump Sum ❑ Unit Price ❑ Cost of the Work ❑ Other RECOMMENDED: AUTHORIZED BY: RECEIVED: By: By: By: Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title: Title: Date: Date: Date: Approved by Funding Agency(if applicable) Date:By: Title: La C-940,Work Change Directive Page 1 of 1 Change Order No. Date of Issuance: Effective Date: Owner: Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: ._ Project: Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: Attachments: [List documents supporting change] r 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: r 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 RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer(if required) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title Title Date: Date Date Approved by Funding Agency (if applicable) r By: Date: Title: C-941,Change Order Page 1 of 1 Field Order No. Date of Issuance: Effective Date: Owner: Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: 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: _ Specification(s) Drawing(s)/ Detail(s) Description: Attachments: ISSUED: RECEIVED: By: By: . . Engineer(Authorized Signature) Contractor(Authorized Signature) Title: Title: Date: Date: Copy to: Owner C-942,Field Order Page 1 of 1 - Allowance Release No. Date of Issuance: Effective Date: Owner: Owner's Task Order No.: Contractor: Contractor's Project No.: Engineer: Engineer's Project No.: Project: 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: ACCEPTED: ACCEPTED: By: By: By: Engineer(if required) Owner(Authorized Signature) Contractor(Authorized Signature) Title: Title Title Date: Date Date _ C-943,Allowance Release Page 1 of 1 Final - Technical Specifications Water Treatment Plant (WTP) Filter Pressurized Vessel Upgrades Prepared For: Village of Tequesta Prepared By: Kimley-Horn and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach FL 33411 Ca 00000696 February 2025 PROJECT NO 040097054 - Kimle >>> H�a r n Y r1m Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimley-Horn Project No:040097054 ------------- P0 SECTION 01DOO Pft TABLE OF CONTENTS Division Section Title 1 GENERAL REQUIREMENTS 01010 Summary of Work 01020 Abbreviations and Acronyms 01030 Hurricane Preparedness 01040 Reference Standards 01150 Measurement and Payment 01200 Coordination and Project Meetings rw 01300 Submittals 01410 Testing Laboratory Services 01700 Project Closeout 2 SITE WORK 02016 Existing Utilities and Underground Structures 02670 Flushing,Testing and Disinfection 3 CONCRETE—NOT USED 4 MASONRY—NOT USED 5 METALS—NOT USED 6 WOOD AND PLASTICS—NOT USED 7 THERMAL AND MOISTURE PROTECTION—NOT USED 8 DOORS AND WINDOWS—NOT USED 9 FINISHES 09900 Painting 10 SPECIALTIES—NOT USED 11 EQUIPMENT 11200 Filtration Equipment 12 FURNISHINGS—NOT USED 13 SPECIAL CONSTRUCTION—NOT USED 14 CONVEYING SYSTEMS—NOT USED is MECHANICAL—NOT USED 16 ELECTRICAL—NOT USED LIST OF APPENDICES Appendix# Description Appendix A Project Plan Sheets Appendix B Hungerford and Terry Filter Data Sheets and Retells TABLE OF CONTENTS 01000 Page 1 of 2 Village of Tequesta WTP Filter+;Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 -END OF SECTION— TABLE OF CONTENTS 01000 Page 2 of 2 � ^ � T~ / ViNage of Teq uesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2035 Kimley'Horn Project No:040097054 p� / SECTION Q1U10 SUMMARY OF WORK PART1- GENERAL ~� 1.1 WORK COVERED BY THESE CONTRACT DOCUMENTS A. Furnish all labor and materials necessary for the refurbishment and replacement of internal _~ components of six(6) existing pre-treatment filtration pressurized vessels located at the Village of Tequesta VVate, Treatment Plant in 9a|nn Beach County' Florida per these construction documents. B. VVprkshall be sequenced such that the Village only has tvvo(J)filter vessebout of service a1any �~ given time. Each vessel shall be successfully rehabilitated,accepted and placed into service prior to commencing work on subsequent vessel. Contractor may sequence work such that work on a subsequent vessel may begin once one ofthe two out of service vessels is placed back online, C. Contractor's Duties- ' 1. Except as specifically noted, provide and pay for: a. Mobilization and demobilization. ~� b. Labor, materials,and equipment. c. Tools,construction equipment,and fuel. d. Electric,water and utilities required for construction. ~W e. Freight and sales tax. C Testing and laboratory services. 8. Record Information ina format acceptable tp the Engineer. Information will be used by p~ the Engineer for Record Drawing development. " 1.2 CONTRACTS A. Construct the VVorkunder aLurnp5umPMme contract in accordance vv|ththe contract ~~ documents and with the Owner. B. Subcontractors(when used)shall work directly for the contractor. ~~ 1.3 WORK BY OTHERS AND FUTURE WORK A. The Owner reserves the right to add to the work In accordance with the Contract Documents. 8. The Owner reserves the right to direct purchase significant pieces pf equipment and/or materials ~~ included |n this contract by means ofa deductive Change Order tothis Contract and issuance of aPurchase Order to the supplier or vendor of the equipment or materials for the purpose of the sales tax end use savings, ~~ 1.4 CONTRACTOR-FURNISHED PRODUCTS AND RESPONSIBILITIES A. Products furnished tu the site and paid for by Contractor: All products necessary to complete the work described herein these contract documents and specifications to provide a complete ~~ and functional system. 8. Contractor's Responsibilities: 1. Review and incorporate Owner-reviewed shop drawings,product data, and samples into the construction o[the project. SUMMARY OpWORK 01010 Page1of2 t Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No: 040097054 2. Receive and unload products at site; inspect for completeness or damage jointly with Owner. :J 3. Repair or replace items damaged after receipt. 4. Arrange and pay for product delivery to site. 5. Handle, store, protect and install all delivered products, 6. Submit claims for transportation damage and replace damaged,defective,or deficient items. 7. Arrange for manufacturers'warranties, inspections,and service. 8. Safety of the work site and employment of necessary protocols to maintain compliance with OSHA requirements and all other necessary items in accordance with the general conditions of this contract. a, The Contractor shall be responsible for required permits for compliance with OSHA confined space requirements. Contractor to demonstrate required permits are in place for those performing work within confined spaces. b. The Contractor shall follow the required lockout/tag-out requirements, in addition to all other OSHA regulation which govern for construction projects. 1.5 PERMITS REQUIRED A. The Owner will notify the Palm Beach County Health Department of the proposed improvements. Since the work is considered maintenance and internal components will be replaced in kind, no permits are anticipated to be required. B. Prior to placing newly rehabilitated vessel(s) into service,the Contractor shall be responsible for disinfection and obtaining two consecutive passing bacteriological samples for each vessel to be rehabilitated. C. The proposed work will not require a building permit. D. Generic Permit for Discharge of Ground Water from Dewatering Operations as referenced in section 02670. 1.6 CONTRACTOR'S USE OF THE PREMISES r A. All work shall be within the limits of construction shown on the plans. B. Access to the site shall be from Old Dixie Highway. Contractor shall not obstruct or park along the right of way or any roadways or parking areas. C. Contractor to stay within limits of staging area as shown on contract drawings.Contractor to properly secure equipment within staging area. Contractor to restore staging area to preconstruction conditions at no cost to the owner. D, Time restrictions for performing work: All work shall be performed during daylight working hours, Monday through Friday,7:00 AM to 6:00 PM, The Contractor may extend working hours only if approved in writing by the Owner. PART 2- PRODUCTS Not used. PART 3- EXECUTION Not used. - END OF SECTION— SUMMARY OF WORK 01010 Page 2 of 2 rw 7* Village of Tecluesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kirnley-Horn Project No:040097054 ------------ ------ ------------------- SECTION 01020 ABBREVIATIONS AND ACRONYMS PART1- GENERAL 1.1 THE SUMMARY A. Wherever in these Specifications references are made to the standards, specifications,or other published data of the various international, national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user of the Specifications, the following acronyms or abbreviations which may appear shall have the meanings indicated herein, B. Unless a particular issue is designated, all references to the above specifications, standards, or methods shall, in each instance, be understood to refer to the issue in effect (including all amendments)on the last published date of the Advertisement for Bids, 1.2 ABBREVIATIONS AA Aluminum Association AAMA American Architectural Manufacturers Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AHDGA American Hot Dip Galvanizers Association Al The Asphalt Institute AIA American Institute of Architects r" AIEE American Institute of Electrical Engineers AIIM Association for Information and image Management AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc. API American Petroleum Institute APWA American Public Works Association ARI Air-Conditioning,and Refrigeration Institute rw Abbreviations and Acronyms 01020 Page 1 of 6 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating,and Air Conditioning Engineers ASME American Society of Mechanical Engineers _ ASQ American Society for Quality ASQC American Society for Quality Control ASSE American Society of Sanitary Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association BBC Basic Building Code, Building Officials and Code Administrators International BHMA Builders Hardware Manufacturer's Association CABO Council of American Building Officials CBM Certified Ballast Manufacturer's CDA Copper Development Association CEMA Conveyors Equipment Manufacturer's Association CISPI Cast Iron Soil Pipe Institute , CLFMI Chain Link Fence Manufacturer's Institute CMAA Crane Manufacturers Association of America, Inc. CRSI Concrete Reinforcing Steel Institute FDER Florida Department of Environmental Regulation DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Research Association El Energy Institute EIA Electronic Industries Alliance EPA Environmental Protection Agency ETL Electrical Test Laboratories FCC Federal Communications Commission Abbreviations and Acronyms 01020 Page 2 of 6 J � , � ' Village of Teclwesta WTP Filter(Pressurized Vwsnel)Up8rades Februar�1� 2O25 Kim�yHopnPrn�ct No:O40097Q54 � \ FC| Fluid Controls Institute � FDOT Florida Department ofTransportation � FES Florida Engineering Society ^ FEMA Federal Emergency Management Association � FHVVA Federal Highway Administration FIVI Factory Mutual System FPL Forest Products Laboratory ~_ FS Federal Specifications H| Hydrmn|cs Institute, Hydraulic Institute �~ HMI Hoist Manufacturer's Institute / HSVVA Federal Hazardous and Solid Waste Amendments r~ |APMO International Association pf Plumbing and Mechanical(Jf5dab " IBC International Building Code |C88 International Conference of Building Officials ' |C[ international Code Council w � |CCES international Code Council Evaluation Service |CCEC International Code Council Electrical Code �~ � |[EA Insulated Cable Engineers Association |ECC International Energy Conservation Code IEEE Institute of Electrical and Electronics Engineers _~ |ESNA Illuminating Engineering Society nf North America lP[ International Fire Code |PGC International Fuel Gas Code ( ' |MC international Mechanical Code |PC International Plumbing Code Association Connecting Electronic Industries |CEA Insulated Cable Engineers Association � |B[ International Residential Code Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades j February 13, 2025 Kimley-Horn Project No:040097054 ISA International Society of Automation j ISO International Organization for Standardization ITE Institute of Traffic Engineers , PC Joint Industry Conferences of Hydraulic Manufacturers LPI Lightning Protection Institute LRQA Lloyd's Register Quality Assurance LWDD Lake Worth Drainage District MBMA Metal Building Manufacturer's Association MIL Military Standards(DoD) MPTA Mechanical Power Transmission Association MSS Manufacturers Standardization Society NAAMM National Association of Architectural Metal Manufacturer's MACE National Association of Corrosion Engineers NBHA National Builders Hardware Association NBS National Bureau of Standards Publication NAPF National Association of Pipe Fabricators NBBPVI National Board of Boller and Pressure Vessel Inspectors NCMA National Concrete Masonry Association NEC National Electrical Code NEMA National Electrical Manufacturer's Association a NESC National Electric Safety Code NETA International Electrical Testing Association NFPA National Fire Protection Association or National Fluid Power Association NISO National Information Standards Organization NIST National Institute of Standards and Technology NLGI National Lubricating Grease Institute NLMA National Lumber Manufacturers Association Abbreviations and Acronyms 01020 Page 4 of 6 r L � ' 7 � Village cf7equeota VVTp Filter(Pressurized Vessel)Upgrades FebruarV1� 2O25 Nnn�yHornPna�c1 No:O40O970G4 � / NPDES National Pollutant Discharge Elimination Systpnn NR[A National Roofing Contractors Association } ' NSF National Sanitation Foundation ' NSPE National Society nf Professional Engineers � OSHA Occupational Safety and Health Administration P8CB[ Palm Beach County Building Code PBCDERK4 Palm Beach County Department of Environmental Resources Management P8CHD Palm Beach County Health Department � � ' PBCPZ8 Palm Beach County Planning,Zoning and Building P[A PortlandCement Assoc|ation PO Pnn*ast/P rest ressed Concrete Institute r~ PP| Plastic Pipe Institute RMA Rubber Manufacturers Association | ' RVlA Recreational Vehicle Industry Association RVVIVIA Resistance Welder Manufacturer's Association � SDI Steel Door Institute,Steel Deck Institute ' SF8C South Florida Building Code � ' SFVVMD South Florida Water Management District SMA Screen Manufacturers Association � 5MA[NA Sheet Metal and Air Conditioning Contractors National Association SPFA Steel Plate Fabricator's Association / SPR Simplified Practice Recommendation ~~ SSQC Southern Standard Building Code,Southern Building Code Congress / SSPC Society for Protective Coating SSPVVC Standard Specifications for Public Works Construction T|4 Telecommunications Industries Association UBC Uniform Building Code Abbreviations and Acronyms 01020 Page Sof6 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 UL Underwriters Laboratories, Inc, USEPA United States of America Environmental Protection Agency VPS Voluntary Product Standards 5ection -U.S. Dept. of Commerce WCR51 Western Concrete Reinforcing Steel Institute WEF Wate Environment Federation WI Woodwork Institute WOG Water,Oil and Gas WRI Wire Reinforcement Institute, Inc. PART 2- PRODUCTS Not used. PART 3- EXECUTION Not used. -END OF SECTION— Abbreviations and Acronyms 01020 Page 6 of 6 ! � ; ViN age cfTe4uexta gVTP Filter{Pnmyurized Vessel)Upgrades Revised February 13, 3025 Wmley HornPnojec Nn:O4DO97054 � SECT|ONO1030 HURRICANE PREPAREDNESS ~= PART1' GENERAL r' 1.1 HURRICANE PREPAREDNESS PLAN A. The Contractor's attention is drawn to the possibility of hurricane or severe storm conditions occurring at the site of work during the course vf Contract Work, �~ B, Within fourteen (14) days of the date of the Notice to Proceed' the Contractor shall submit to the Engineer and Owner a Hurricane Preparedness Plan specific tothis project. The plan should outline the necessary measures which the Contractor proposes to perform at no additional cost -- to the Owner in case of hurricane or severe weather warning. C. In the event of inclement weather,or whenever the Owner shall direct,the Contractor shall,and will,cause Subcontractors to protect carefully the Work and materials against damage or injury. Work and materials damaged due to inclement weather shall be removed and replaced at the expense of the Contractor. l. Hurricane Watch: Upon designation ofa hurricane watch,the Contractor shall beresponsible for storing all loose supplies and strapping down or removing large materials and equipment � nm the job site that may pose adanger. |m addition,the Contractor shall remove all bulkheads and plugs in pipelines that would impede drainage in the case of flooding, Structures that may bein danger oY floatation shall beflooded. The Contractor shall also cooperate with the � owner in protecting any other structures at the site. 2. Hurricane Warnin : Wp mobile "ten`porary facility" under the control ufurmn the property of the Owner shall be staffed during a hurricane warning. Contractor facilities meeting these | criteria shall be evacuated, Reasonable steps shall be taken to protect all such facilities and / their contents from damage and to avoid the facility causing damage tp the surnmunding$. PART 2' PRODUCTS Not used. � PART 3- EXECUTION Not used, r~ ` 'END K3F SECTION- � [ ^ � HURRICANE PREPAREDNESS 01030 Pa8e1of2 �~ Village of Tequesta WTP Filter{Pressurized Vessel}Upgrades Revised February 13, 2025 Kimley-Horn Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK L: .r r �1 01030 HURRICANE PREPAREDNESS Page 2 of 2 .j � ' Village ofTeclwesta VvTP Filter(Pressurized Vessel)Upgrades February 1� 2O2S K]m�yHornPro�ct No.O4OUg7054 ������----����������������- -- --------- --------------------------- SECTION 01040 REFERENCE STANDARDS _ PART1' GENERAL -- 1.1 THE SUMMARY k Titles of Sections and Paragraphs:Titles and subtitles accompanying specification sections and paragraphs are for convenience and reference only and do not form a part of the Specifications. B. Applicable Publications: Whenever in these Specifications references are made topublished specifications,codes, standards,or other requirements,it shall be understood that wherever no date is indicated,only the latest specifications, standards, or requirements of the respective °~ issuing agencies which have been published as of the date that the Contract is advertised for Bids shall apply;except tmthe extent that said standards or requirements may be in conflict with applicable|mvvs,ordinances,or governing codes. No requirements set forth in the Specifications or shown on the Drawings will be waived because of any provision of or omission � from said standards orrequirements. C. Specialists,Assignments: |n certain instances,specification text requires(or implies)that y� specific WORK is to be assigned to specialists or expert entities who must be engaged to ' per-form that WORK. Such assignments shall be recognized as special requirements over which the CONTRACTOR has mo choice oroption. These requirements shall not be interpreted soas to p~ � also they are not intended t# interfere with local union jurisdiction settlements and similar conventions- Such assignments are intended to establish which party o,entity involved|na �~ specific unit of WORK is recognized as "expert"for the indicated construction processes or operations. Nevertheless,the final responsibility for fulfillment pf the entire set ofContract requirements remains with the CONTRACTOR. ~~ 1.2 REFERENCE SPECIFICATIONS,CODES,AND STANDARDS A. The CONTRACTOR shall construct the WORK in accordance with the Contract Documents and the referenced portions of those referenced codes,standards, and specifications. p� 8. References to "Building Code" shall mean the"Florida Building Code".The latest edition ofthe codes as approved by the Municipal Code and used by The Village of Tequesta as of the date that the WORK is advertised for Bids shall apply to the WORK herein, including all addenda, modifications,amendments, or other lawful changes thereto. � C. In case of conflict between codes, reference standards,drawings,and the other Contract Documents,the most stringent requirements shall govern, All conflicts shall bm brought twthe attention of the ENGINEER for clarification and direction prior to ordering or providing any � materials or furnishing labor. The CONTRACTOR shall bid for the most stringent requirements. D. References to "OSHA Regulations for Construction" shall mean Title ZQ' Part 1926' Construction Safety Code iodudinOaUchanges and �~ ' '^ � amendments thereto. ^ E. References to "OSHA Standards"shall mean Title 29, Part 1910\Occupational Safety and Health Standards, Code of Federal Regulations (OSHA), including all changes and amendmentsthereto. ' Reference Standards 01040 Page Inf2 i Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades J February 13, 2025 Kimley-Horn Project No: 040097054 1.3 REGULATIONS RELATED TO HAZARDOUS MATERIALS J A. The CONTRACTOR shall be responsible that all WORK included in the Contract Documents, regardless if indicated or not,shall complywith all EPA,OSHA,RCRA, NFPA,and any other federal, state, and local regulations governing the storage and conveyance of hazardous materials, including petroleum products. PART 2- PRODUCTS L Not used. PART 3- EXECUTION Not used. - END OF SECTION— i IJ u v u :.i u Reference Standards 01040 Page 2 of 2 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades April 14, 2025 Kimley-Horn Project No: 040097054 SECTION 01150 MEASUREMENT AND PAYMENT(REV. PER ADDENDUM 2) PART1- GENERAL 1.1 SCOPE OF THIS SECTION A. The following explanation of the Measurement and Payment for the Schedule of Payment items is provided; however, the omission or reference to any item shall not alter the intent of the Bid Form or relieve the Contractor of the necessity of constructing a complete project under this _ Contract. B. The quotations prepared by the Contractor for the various items of work are intended to establish a total price for completion of the work in its entirety. Should the Contractor feel that the cost for any particular work item has not been established by the Bid Items or this Section, the Contractor shall notify the Owner prior to submitting a Bid. If no notice is provided by Contractor to the Owner at least three days prior to the date Bids are due, Owner will expect that the submitted Bid includes all costs to complete the Work in its entirety. C. The Owner reserves the right to increase or decrease the quantity of any item or portion of the work during the progress of construction in accordance with the terms of the Contract. D. Unit prices,if used,are used as a means for computing the bid,for Contract purposes,for periodic payments,for determining value of additions or deletions. E. Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and completed,such work including but not limited to,the furnishing of all necessary .� labor, materials, equipment, tools, transportation, delivery, disposal of waste and surplus material, and backfilling as shown in the plans, and all other appurtenances to complete the construction and installation of the work as shown on the drawings and described in the specifications. F. Where quantities are shown they are approximate and are given only as a basis of calculation upon which the award of the contract is to be made. The Owner or ENGINEER do not assume any responsibility for the final quantities, nor shall CONTRACTOR claim misunderstanding because of such estimate of quantities. Final payment will be made only for the satisfactorily completed quantity of each item. G. Amount of retainage shall be 5%unless otherwise stated in the Agreement between Owner and Contractor. 1.2 SUBMITTALS A. Project Unit Costs and Payment Information: 1. Schedule of Values to provide a breakdown of the work within each unit price item. 2. Application for Payment -� 3. Final Application for Payment 4. Submittals shall be in accordance with Section 01300. MEASUREMENT AND PAYMENT 01150 .- Page 1 of 6 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades _ April 14, 2025 Kimley-Horn Project No: 040097054 1.3 SCHEDULE OF VALUES A. Contractor shall prepare a detailed schedule of values for Owner's review with the signed — Agreement to the Owner. The schedule shall contain sufficient detail quantifying the component parts of Work for the purpose of making monthly progress payments during the construction _ period. Monthly progress payments will be based on the percentage of work demolished, procured, prepared, installed, completed, and accepted by the Owner. B. The schedule shall contain sufficient detail for proper identification of work accomplished. The _ sum of all scheduled items shall equal the total value of the contract. The sum of the breakdown of each Bid Item shall equal the total value of the Bid Item. C. Unit Price Work: Reflect unit price quantity and price breakdown from the conformed bid form. D. Lump Sum Work: -" 1. Reflect Schedule of Values 2. List Bonds and Insurance,Mobilization, Demobilization,Facility Startup and Contract Closeout separately. — 3. Breakdown Divisions 2 through 16 with appropriate subdivision of each Specification. E. An unbalanced,front end loaded schedule will not be accepted by Owner. 1.4 APPLICATION FOR PAYMENT A. Include accepted schedule of values for each portion of work and the unit price breakdown for the work to be paid on a unit price basis,and a listing of Owner selected equipment,if applicable, — and allowances, as appropriate. B. Preparation: 1. List each Change Order and Written Amendment executed prior to date of submission as a _ separate line item. 2. Submit application for payment, a listing of materials on hand as applicable, and such supporting data as may be requested by the Owner/Engineer. 3. Include Owner's Application for Payment Cover Sheet and partial or full releases of liens, as appropriate,for all subcontractors,suppliers,and Contractor. 1.5 COSTS INCLUDED IN PAYMENT ITEMS — A. No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work. 1. Clearing and grubbing. _ 2. Replacement of unpaved roadways,grass and shrubbery plots. 3. Cleanup. 4. Testing and placing existing AND new systems in operation, as described in the contract — documents. 5. Any material and equipment required to be installed and utilized for tests. 6. Maintaining the existing quality of service during construction. 7. Maintaining or detouring of the traffic, with all equipment and manpower to comply with — Roadway and Traffic Standards, FDOT Indices 600,601,602,603,605,607,611,612,613,616, 617, 618,619,625, 628, 630, and 635. 8. Appurtenant work as required for a complete and operable system. 01150 MEASUREMENT AND PAYMENT — Page 2 of 6 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades April 14, 2025 Kimley-Horn Project No: 040097054 9. Cost for security (if special circumstances apply, approval must be received by the Engineer, in writing). 10. Record drawings. 11. Material storage areas. 12. Disposal of excess fill and debris. 13. Disposal of removed filter vessel internal components and filter media. B. Cleanup—Contractor's attention is called to the fact that cleanup is considered a part of the work of construction. No payment will be made until cleanup is essentially complete. C. Work Outside Authorized Limits — No payment will be made for work constructed outside the authorized limits of work. 1.6 CHANGE ORDER PROCEDURE A. As defined in the General Conditions, a Change Order is a written order to the CONTRACTOR signed by the Owner authorizing an addition,deletion or revision in the Work, or an adjustment _ in the Contract Price or the Contract Time which is issued after the execution of the Agreement. B. The following procedure shall be used in processing Change Orders: C. For Additions to the Work: 1. The Owner shall issue a written order to the CONTRACTOR directing them to accomplish the additional work. The CONTRACTOR shall review the order and if they feel that the additional work entitles them to additional payment or additional time, they may submit a claim as prescribed in the General Conditions of the Contract. D. For Deletions from the Work: 1. The Owner shall issue a written order to the CONTRACTOR directing them to make the change. If the Owner feels that the contract price should be reduced as a result of the change, the Owner shall make a claim for the reduction as provided in the General Conditions of the Contract. E. Cost of the changes in the work shall be determined in accordance with the requirements spelled out in the General Conditions of the Contract. Modifications to incorporate the changes in cost will be made as the amount of any change is determined. PART 2- PRODUCTS Not used. PART 3- EXECUTION 3.1 BID ITEMS A. Bid item #1—Mobilization/De-mobilization 1. The quantity to be paid for under this Section shall be on a lump sum basis. The Contractor's lump sum price shall include full compensation for all work related to mobilization and demobilization, and any other related work, except for any work designated to be paid for separately or to be specifically included in the costs of other work under the Contract. 2. Basis of Payment: Payment shall be made at the Contract Lump Sum Price and shall include, �. but not be limited to,the preparatory work and operations in mobilizing for beginning work MEASUREMENT AND PAYMENT 01150 Page 3 of 6 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades April 14, 2025 Kimley-Horn Project No: 040097054 on the project, including those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site and establishment of temporary �. provisions,controls,and utilities.This item shall include those permits that are required to be obtained by the contractor. This item shall also include field surveying/layout and complete , record drawings in accordance with the project specifications and the applicable standards. .. 3. The items specified in this Section consist of the costs of any pre and post construction , expenses necessary for the start and completion of the project, excluding the cost of ' construction materials. The sum of mobilization and demobilization shall not exceed 8% of the contract price. Partial Payments for mobilization shall be as follows: Construction Percent Allowable Percent of Complete Lump Sum for Mobilization/Demobilization 5% 25% 10% 50% 25% 75% 100% 100% B. Bid Item#2—Bonds and Insurance 1. Method of Measurement: The quantity to be paid for under this Section shall be on a lump sum basis. The work specified in this Section consists of securing the appropriate bonds and insurance policies in the amounts specified by the contract documents. 2. Basis of Payment: Payment shall be made at the Contract Lump Sum Price and shall include all compensation for bonds, insurance and indemnification in accordance with the Contract documents. C. Bid Item#3—Filter Pressure Vessel Rehabilitation 1. The quantity to be paid for under this Section shall be on a lump sum basis, based on the percentage of the Item completed,and accepted by Owner. 2. Basis of Payment: Payment shall be at the Contract Lump Sum Price and shall include, but not limited to,furnishing all materials, labor,and equipment required for removal of the existing internal distribution piping, underdrain,gravel retaining screens,supports and filter media and surface preparation of the internal of the vessels for new coating system, application of new coating system, installation of new internal distribution piping system, underdrain,gravel retaining screen and supports,and filter media of the existing filter pressure vessels. Work under this bid item is to be performed for the six(6) existing pressure filters and shall also include two (2)consecutive passing bacteriological samples and pressure testing required for each vessel to provide the Village with a fully functional rehabilitated filtration system. D. Bid Item #4—Undefined Conditions Allowance 1. Included in this allowance is work associated with undefined conditions or reasonably anticipated conditions associated with the Work. This is an allowance,to be used solely at the discretion of the Owner and any to be completed under this item must be specifically approved in writing by the Owner, prior to the Work being initiated. Owner must approve in writing the mutually agreed upon total cost and additional time(if any) associated with said Work. Any work completed by the Contractor, under this Bid/Pay Item without the Owner's 01150 MEASUREMENT AND PAYMENT Page 4 of 6 Village of Tecluesta WTP Filter (Pressurized Vessel) Upgrades April 14, 2025 Kimley-Horn Project No: 040097054 prior written approval will not be approved for payment by the Owner. The Owner reserves the right to award any, all, or none of the money associated with this allowance. 3.2 NON-PAYMENT FOR REJECTED OR UNUSED PRODUCTS A. Payment will not be made for following: 1. Loading, hauling, and disposing of rejected material. 2. Quantities of excavated material wasted or disposed of in manner not called for under Contract Documents. 3. Rejected loads of material, including material rejected after it has been placed by reason of failure of Contractor to conform to provisions of Contract Documents. 4. Material not unloaded from transporting vehicle. 5. Defective Work not accepted by Owner. 6. Material remaining on hand after completion of Work. 3.3 PARTIAL PAYMENT FOR STORED MATERIALS AND EQUIPMENT(REV. PER ADDENDUM 2) A. Payment for stored materials will be permitted and shall be furnished with receipts and pictures for proof of ownership B. Final Payment: Will be made only for products incorporated in Work; remaining products, for which partial payments have been made,shall revert to Contractor unless otherwise agreed,and partial payments made for those items will be deducted from final payment. C. Final Payment will not be made until all Record Drawings are acceptable to Owner/Engineer, Operation and Maintenance Manuals are final and acceptable to Owner/Engineer, final release of liens have been received for Contractor,Sub-contractor,suppliers,and vendors,all spare parts have been received (by Owner), and all punch list items are complete and acceptable to Owner/Engineer. - END OF SECTION - MEASUREMENT AND PAYMENT 01150 Page 5 of 6 Village of Tequesta WTP Filter (Pressurized Vessel) Upgrades April 14, 2025 Kimley-Horn Project No: 040097054 THIS PAGE INTENTIONALLY LEFT BLANK 01150 MEASUREMENT AND PAYMENT Page 6 of 6 Village of Teq uesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 --------------------I—-------------- --------- PM SECTION 01200 COORDINATION AND PROJECT MEETINGS PART1- GENERAL r 1.1 DESCRIPTION A. Engineer shall schedule and administer a preconstruction meeting, periodic progress meetings, and specially called meetings throughout the progress of the work. Engineer shall: 1. Distribute written notice of each meeting. 2. Make physical arrangements for meetings. 3. Preside at meetings. 4. Record the minutes,include all significant proceedings and decisions. 5. Reproduce and distribute copies of minutes, a. To all participants in the meeting. b. To all parties affected by decisions made at the meeting. B, Representatives of contractors, subcontractors and suppliers attending the meetings shall be qualified and authorized to act on behalf of the entity each represents. 1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Section 01010-Summary of Work 1.3 PRE-CONSTRUCTION MEETING A. To be held prior to the Notice to Proceed. B. Location: The project site,or as designated by the Engineer. C. Attendance: 1. Owner's Representative 2. Engineer's Representative P" 3. Contractor 4. Contractor's Superintendent 5. Major Subcontractors 6. Others as appropriate 1.4 PROGRESS MEETINGS A. Hold periodic meetings as required by progress of the work. Preferably,monthly at the beginning of the project, twice per month toward the latter part of the project,then weekly during start- up,commissioning,and operational testing. B. Location of the meetings: Project site, or as designated by the Engineer. C. Attendance; 1, Owner's Representative 2. Engineer's Representative 3. Subcontractors as appropriate 4. Suppliers as appropriate COORDINATION AND PROJECT MEETINGS 01200 Page 1 of 2 Village of Tequesta WTP Filter JPressurized Vessel)Upgrades ! Revised February 13, 2025 Kimley-Horn Project No:040097054 1.5 EMERGENCY MEETINGS ! A. May be called by Owner,Engineer or Contractor with a minimum of three hours'notice to resolve conditions of an emergency nature. 1.6 QUALITY ASSURANCE A. Perform Work in accordance with Village of Tequesta Municipal Minimum Design and Construction Standards,where applicable. ! B. Fabricated piping shall meet all ASME code requirements as specified herein. 1.7 DELIVERY,STORAGE,AND HANDLING A. Deliver and store products in manufacturer's unopened packing bearing the brand name and manufacturer's identification until ready for installation. B. Store materials protected from exposure to harmful weather conditions and at temperatures and humidity conditions recommended by manufacturer. C. Handle materials to avoid damage. PART 2- PRODUCTS ! Not used. , I PART 3- PRODUCTS u Not used. -END OF SECTION— r u U u U 01200 COORDINATION AND PROJECT MEETINGS Page 2 of 2 u LJ r i Village of Tequesta WTP Filter{Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 SECTION 01300 SUBMITTALS e PART 1- GENERAL ., 1.1 WORK INCLUDED A. Contractor shall submit to the Engineer, shop drawings, project data and samples required by specification sections. 1.2 SCHEDULES A. Prepare and submit a Construction Schedule. r- 1. Construction schedules shall be submitted with each application for payment. B. Prepare and submit a separate schedule listing dates for submission of shop drawings and projected return dates. C. Schedules shall be updated and re-submitted on a monthly basis throughout the duration of the I project. D. Prepare and submit two-week look ahead schedules bi-weekly throughout duration of the �. project. E. Coordinate all work with OWNER operations staff. Construction activities that impact operations require 48 hours advance notice and approval from the OWNER. PART 2- PRODUCTS 2.1 SHOP DRAWINGS A. Original drawings, prepared by Contractor, Subcontractor, Supplier or Distributor, which illustrate portions of the Work;showing fabrication, layout,setting or erection details including, _ but not limited to the following: 1. Filter pressure vessel components: a. Lateral inlet distributors b. Waste collectors c. Gravel retaining screens d. Support hardware e, Underdrain header f. Filter media g. Coating systems h. Etc. 2. Miscellaneous metals 3. Bacteriological Sample data B. Prepare submittals by a qualified detaller. C. Identify details by reference to sheet numbers and detail shown on Contract Drawings. 2.2 PROJECT DATA A. Manufacturer's standard schematic drawings: 1. Modify drawings to delete information which is not applicable to project. SUBMITTALS 01300 Page 1 of 4 Village of Tequesta VVTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 2. Supplement standard information to provide additional information applicable to project. B. Manufacturer's catalog sheets,brochures,diagrams,schedules,performance charts, illustrations .. and other standard descriptive data. 1. Clearly mark each copy to identify pertinent materials, products or models. 2. Show dimensions and clearances required. 3_ Show performance characteristics and capacities. 4. Show wiring diagrams and controls. u 2.3 SAMPLES A. Physical examples to illustrate materials,equipment or workmanship,and to establish standards by which completed work is judged. Ly B. Office samples of sufficient size and quantity to clearly illustrate: 1. Functional characteristics of product or material,with integrally related parts and attachment ; devices. 2. Full range of color samples. 2.4 PAY REQUESTS A. Pay Requests shall be made in accordance with the requirements of the Agreement between Owner and Contractor. Payment requests shall include updated schedules as required in 01300- 1.2. PART 3- EXECUTION 3.1 SUBMISSION REQUIREMENTS A. Schedule submissions at least 14 days before dates reviewed submittals will be needed. B. Submit number of copies of Shop Drawings, Project Datum and Samples which Contractor requires for distribution plus 4 copies for the Owner and Engineer. ., C. Accompany submittals with transmittal letter, in duplicate,containing: 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Notification of deviations from Contract Documents. ' 5. Other pertinent data, D. Submittals must include: 1. Date of submittal and revision dates. ' 2. Project title and number. 3. The names of: a. Engineer. , b. Contractor. c. Subcontractor, d. Supplier. e, Manufacturer, , f. Separate detailer when pertinent. 4. Identification of product or material. 5. Relation to adjacent structure or materials 01300 SUBMITTALS Page 2 of 4 , r Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimsey-Horn Project No:040097054 6. Field dimensions, clearly identified as such. 7. Identification of deviations from Contract Documents. S. Contractor's stamp, initialed or signed, certifying to review of submittal, verification of field measurements and compliance with Contract Documents. 3.2 RESUBMISSION REQUIREMENTS A. Shop Drawings: 1. Revise initial drawings as required and resubmit as specified for initial submittal. 2. Clearly indicate on shop drawings all changes or revisions which have been made other than .� those requested by Engineer. 3. Re-submittals without all comments from original review addressed will be returned to the contractor. B, Project Data and Samples: 1. Submit new datum and samples as required for initial submittal. 3.3 DISTRIBUTION OF SUBMITTALS AFTER REVIEW A. Distribute copies of Shop Drawings and Project Datum which carry Engineer's stamp,to: 1. Contractor's file. 2. Job site file, 3. Record Documents file. 4. Other prime contractors. 5. Subcontractors. n 6. Supplier. 7. Fabricator, B. Distribute samples as directed. P k - END OF SECTION- f r I r r r i r 4 SUBMITTALS 01300 Page 3 of 4 r Village of Tecluesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK ,.r r —�---- SUBMITTALS 01300 Page 4 of 4 Village ofTeqwemm WTP Filter(PpnyswrizedVesse|)Upgrades February I3, 2UJ5 KimleyHn,n Project No:040O97OG4 SECT|OyAO141Q TESTING LABORATORY SERVICES PART1- GENERAL ~~ 1.1 DESCRIPTION A. Contractor shall employ and pay for services of an Independent Testing Laboratory to perform specified services. ~~ U. Inspection, Sampling and Testing is required for: � 1. Bacteriological clearance I. Painting . 3. Water Quality Tests 4. Gcotmchn|ca|(nnedia) 5. Vessel shell thickness 6. Other operations specified in these specifications or as required by the Engineer. C. Contractor's employment of Testing Laboratory shall in no way relieve Contractor of their obligation to perform Work in accordance with[pmtnnct. ` 1.2 QUALIFICATION Of LABORATORY ' A. Meet "Recommended Requirements for Independent Laboratory Qualification", latest edition, ~� published by American Council oy Independent Laboratories. 8, Meet basic requirements nfASTM E 329-80 "Standard Practice for Use in the Evaluation of Testing Agencies for Concrete and Steel as Used in Construction''. C. Certified inthe State ofFlorida in accordance with FDEP requirements. °~ 1.3 LABORATORY DUTIES; LIMITATIONS OF AUTHORITY A. Cooperate with Engineer and Contractor; provide qualified personnel promptly onnotice. �~ B. Perform specified inspections,sampling and testing of materials and methods qfconstruction: ` 1. Comply with specified standards;ASTM, other recognized authorities, and as specified. 2. Ascertain compliance with requirements of Contract Documents. ~~ C. Promptly notify Engineer, and Contrac1or, of irregularities ordeficiencies of Work which are � observed during performance ofservices. D. Promptly submit% copies of reports of inspections and tests to Engineer, including: 1. Date issued. / 2. Project title and number. / 3. Testing Laboratory name and address. 4. Name pyInspector. � S. Date of inspection orsampling, / 6. Record pf temperature and weather. 7. Date oftest. 8. Identification of product and specification section. g. Location in project. 10. Type of inspection mrtest. i 11 Observations regarding |iwith Contract Documents. � ' TESTING LABORATORY SERVICES 01410 Page 1of3 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 IGmley-Horn Project No: 040097054 E. Laboratory is not authorized to: 1. Release, revoke,alter,or enlarge on, requirements of Contract Documents. 2. Approve or accept any portion of Work. 3. Perform any duties of the Contractor. 1.4 CONTRACTOR'S RESPONSIBILITIES A. Select laboratory, and coordinate testing with Lab and Engineer's representative. B. Cooperate with Laboratory personnel, provide access to Work. C. Provide to Laboratory, preliminary representative samples of materials to be tested, in required quantities. D. Furnish copies of mill test report for vessel coating. E. Furnish copies of ultrasonic test and updated pressure rating reports. F. Furnish casual labor and facilities: 1. To provide access to Work to be tested. 2. To obtain and handle samples at the site. 3. To facilitate inspections and tests. 4. For Laboratory's exclusive use for storage and curing of test samples. G. Notify Laboratory sufficiently in advance of operations to allow for his assignment of personnel and scheduling of tests. H. Pay for services of the Testing Laboratory to perform additional inspections,sampling and testing required: 1. For Contractor's convenience. 2. When initial tests indicate Work does not comply with Contract Documents. 3. Such payment shall be made directly by the Contractor, PART 2- PRODUCTS Not used. �. PART 3- EXECUTION Not used. -END OF SECTION- 01410 TESTING LABORATORY SERVICES Page 2 of 2 a r■ 1 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 SECTION 01700 PROJECT CLOSEOUT PART 1- GENERAL 1.1 DESCRIPTION A. Comply with requirements stated in the Agreement between Owner and Contractor and in Specifications for administrative procedures in closing out the Work. f 1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE A. Section 11200—Filtration Equipment 1.3 SUBSTANTIAL COMPLETION A. Substantial completion shall be defined as beneficial use of the newly rehabilitated pressure filters. Beneficial use shall be provided after the filters are rehabilitated, have two consecutive passing bacteriological samples, tested and have been placed into service by the Village. B. The Contractor shall deliver to the Engineer the Record Drawings and a draft copy of the Operations and Maintenance manuals for review and deliver to the Owner a complete set of all spare parts. C. When Contractor considers the Work is substantially complete, Contractor shall submit to Engineer: 1. A written notice that the Work or designated portion thereof,is substantially complete, D. Within a reasonable time after receipt of such notice, Engineer will perform a field investigation to determine the status of completion. E. Should Engineer determine that the Work is not substantially complete: 1. Engineer will promptly notify the Contractor in writing,giving the reasons therefore. 2. Contractor shall remedy the deficiencies in the Work, and send a second written notice of substantial completion to the Engineer. 3. Engineer will reinvestigate the Work. F. When the Engineer finds that the Work is substantially complete, he will: 1. Prepare and deliver to Owner a tentative Certificate of Substantial Completion, with a tentative list of items to be completed or corrected before final payment. 2. After consideration of any objections made by the Owner and when Engineer considers the Work substantially complete, he will execute and deliver to the Owner and the Contractor a definite Certificate of Substantial Completion with a revised tentative list of items to be completed or corrected. 1.4 FINAL SITE REVIEWS A. When Contractor considers Work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been investigated for compliance with Contract Documents. a 3. Work has been completed in accordance with Contract Documents, 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational. r PROJECT CLOSEOUT 01700 Page 1 of 4 r t Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades r. February 13, 2025 Kimley-Horn Project No:040097054 5. Work is completed and ready for Final Investigation. B, Engineer will perform a field investigation to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the Work is incomplete or defective: 1. Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies and send a second written certification to Engineer that the Work is complete. 3. Engineer will reinvestigate the Work. D. When the Engineer finds that the Work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. -� 1.5 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Contractor's affidavit of payment of debts and claims. 1. Contractor's release or waiver of liens, B. Separate releases or waivers of liens for subcontractors, suppliers and others with lien rights against property of Owner,together with list of those parties. 1.6 FINAL ADJUSTMENTS OF ACCOUNTS A. Submit a final statement of accounting to Engineer. B. Statement shall reflect all adjustments to the Contract Sum:. 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous Change Orders. J b. Allowances. c. Unit Prices. d. Deductions for uncorrected Work. e. Deductions for liquidated damages. C Deductions for re-inspection payments. g. Other adjustments. 3. Total Contract Sum,as adjusted. 4. Previous payments. 5. Sum remaining due, C. Engineer will prepare a final Change Order reflecting approved adjustments to the Contract Sum which was not previously made by Change Orders, 1.7 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Condition of the Contract. 1.8 FINAL CERTIFICATE FOR PAYMENT A. Engineer will issue final certificate in accordance with provisions of the Contract Documents. 01700 PROJECT CLOSEOUT Page 2 of 4 r rI t Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 1.9 POST-CONSTRUCTION INSPECTION A. Prior to expiration of one year from Date of Substantial Completion, Engineer will make visual field investigation of Project in company with Owner and Contractor to determine whether correction of Work is required, in accordance with provisions of the Contract Documents. B. For Guarantees beyond one year, Engineer will make field investigations at request of Owner, after notification to Contractor- C. Engineer will promptly notify Contractor, in writing,of any observed deficiencies. �. PART 2- PRODUCTS Not used. PART 3- EXECUTION ! Not used. END OF SECTION— e i A t i PROJECT CLOSEOUT 01700 Page 3 of 4 Village of Tequesta VVTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK ------------ .wl �.r r� 1/ 01700 PROJECT CLOSEOUT Page 4 of 4 p~ � r= Village ofTequesta WTP Filter(Pressurized Vessel)Upgrades February Z� 2025 Kinn�yHnrnPro�ct No:O40097O54 _ SECTION O2U16 EXISTING UTILITIES AND UNDERGROUND STRUCTURES � PART1' GENERAL � 1.1 GENERAL � ^ A. The plans depict the approximate location mf the existing utilities. The locations of those facilities (horizontal and vertical) were obtained from record drawings. Guarantee is not made that all existing underground utilities are shown or that the location of those shown are entirely ^ accurate.Finding the actual location ofanyexist|ng utilities is the contractor's responsibility and shall be done before he commences any work in the vicinity. Furthermore, the contractor shall ~~ be fully responsible for any and all damages due to the contractor's failure to exactly locate and preserve any and all underground utilities. ,~ 2.2 CONTRACTOR'S RESPONSIBILITIES A. Contractor shall notify the Sunshine State One Call of Florida (SSOCF) service at 811, 48 hours prior todigging. PM '8 Locate the cables, ducts,conduit,pipeline,etc. in advance of the proposed construction. | C. Notify Engineer oy any substantial changes and/or conflicts that would require a deviation |mthe plans. Lated|scoven/ofexist|n8umder8roumdutNidesdpesnutconat|tute"requined° dev1atiuns should early discovery prevent them, D. Repair any damage done to existing utilities.atnu additional expense tp the Owner, E. Remove or modify those utilities scheduled to be removed or modified on the plans. ~~ 1.3 PRECONSTRUCT|ON VIDEO A. At least one(1)week prior to the start of construction,the contractor shall have video recordings tahomufthee[tiIepro]ectarea.Thisareaimc|udeubmtisnot |imitmdtn,thcenti,esitevvorkarea, �~ the construction staging area, site access driveways, the areas around all of the existing ` ; structures, Including ground storage tanks, buildings, treatment process components, fencing, and all portions pressu/en|terveose|sandaccessqhes. Such recordings shall bc provided tnthe r~ Owner and Engineer before the commencement ufconstruction. These recordings shall serve a» ` record They wxN| be used |nthe ' . event of a dispute that arises from restoration or damage claims. The contractor shall pay particular attention to any existing damage within the work area and ensure thatthese items are i documented on the video prior to construction, / 8i Video tapes are tobe delivered*zthe owner and Engineer omaOVD|na standard video format ~~ that is able to be viewed on a Windows operating system. All videotapes shall become the � property of the Owner. ' ' ' EXISTING UTILITIES AND UNDERGROUND STRUCTURES 02026 Page 1nf2 Village of Te-questa WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimley-Horn Project No: 040097054 PART 2- PRODUCTS Not used. PART 3- EXECUTION Nol uwd. END OF SECTION - 02016 EXISTING UTILITIES AND UNDERGROUND STRUCTURES Page 2 of 2 �~ / � Village ofTeqmcx m �rrPFUtnrJpnmyuMzed Vessel)Upgrades � . February 13, 20S Wmh�Horn Project No:O�O 0� SECTONO2670 =~ FLUSHING,TESTING AND DISINFECTION PART1- GENERAL ~~ 1.1 SCOPE OFWORK A. Rushing, Pressure Testing,and Disinfection of all piping systems, Including: 1. Raw water piping ~~ I. Filtered water piping 3. Pressurized filter vessels 4. Backwash piping S. Etc B. Contractor shall furnish all necessary pumps,hoses,piping,fittings,meters,gauges,chemicals and labor to conduct specified testing. =� C. Testing shall be repeated at the Contractor's expense until satisfactory results are achieved. ^ . D. Refer the specific chemical system specification section for additional flushing and testing procedures. } 2.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE ' A. Section 013UO—Submittals ~~ B. Section 1128U—Filtration Equipment 1.3 REFERENCES A. ANS|/AVV\NA C651—Standard for Disinfecting Water Mains. B. ANS|/AVVVVA C652—Standard for Disinfection pf Water Storage Facilities. � C. ANS|/AVVWVA C653—Standard for Disinfection of Water Treatment Plants. D. ANS|/AVVVVAC6G4—Standard Disinfection pfWells ~~ E. /\NS|/AVVuV4 CG55—Standard for Field Dechlur|nation � ' 1.4 $WB&N[TTAl$ ~~ A, Test Reports: indicate results comparative to specified requirements. Submit two(2) copies of test results to Engineer in accordance with Submittal specifications. B. Final approval pf the bacterial samples shall be received from the Florida Department pY Environmental Protection prior to the time that the system is placed into operation.Sampling =~ procedures shall b done in accordance with FOEP requirements . C. Bacteriological sampling locations shall meet FDEP requirements and be taken where shown on the drawings and as directed by the Engineer at no additional cost to Owner. ~~ 1.6 QUALITY ASSURANCE A. Perform work in accordance with ANS|/AVVVVAC6S1'C6S2' CGS3, C664 and C6SS. ^� 1.6 REGULATORY REQUIREMENTS A. Conform to applicable Florida DEP requirements for performing the work of this Section. B. Work shall conform to Village ufTequestm design standards, ^ FLUSHING,TESTING AND DISINFECTION 02670 Page 1wf4 ' I 1 � 1 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 C. The Contractor will be responsible for submitting the Notice of Intent to use the Generic Permit for Discharge of Ground Water from Dewatering Operations(subsection 62-621.300(2), F.A.C.) PART 2- PRODUCTS 2.1 DISINFECTION CHEMICALS A. Chemicals: The disinfecting agent shall be sodium hypochlorite solution ANSI/AWWA B303 or liquid chlorine ANSI/AWWA B301. Dry hypochlorite, similar to "HTH"or equal may also be used as the disinfecting agent. Bleach or Clorox is not acceptable. B. Dechlorination chemicals and agents shall be in accordance with AWWA standards, I PART 3- EXECUTION 3.1 EXAMINATION LJ A. Verify that piping systems have been cleaned, inspected,and tested. B, Coordinate scheduling of flushing, pressure testing, and disinfection activities with tie-ins, certifications,and sequence of construction. 3.2 FLUSHING AND PRESSURE TESTING—PRESSURE VESSELS A. The Contractor shall furnish and install suitable temporary testing plugs or caps for the water lines, all necessary pressure pumps, hose,pipe connections, meters,gauges and other similar equipment,and all labor required,all without additional compensation for conducting pressure and leakage tests and flushing of the piping. B. After all work is completed within the vessel and before pressure testing and final connections to existing equipment,each run of pipe shall be thoroughly flushed so as to remove all debris and foreign matter from the piping and equipment. Clean and flush all piping using potable ' water. Sufficient flushing water shall be introduced into the piping to produce a discharge that is clear with no evidence of silt or foreign matter is visible. Contractor to provide means of discharging and disposing of water at Contractor's expense. C. The existing pressure vessels shall be pressure tested upon rehabilitation. Pressure testing shall be 1.5 times the normal working pressure of the vessels and this pressure shall be maintained for a period of not less than 2 hours. D. The contractor shall be responsible for the ultimate water tightness of the existing pressure vessels. E. All leaks evident at the surface shall be uncovered and repaired regardless of the total leakage as indicated by the test. Tests shall be repeated until leakage has been reduced below the allowable amount. 3.3 DISINFECTION--PIPING &PRESSURE VESSELS A. The Contractor shall furnish and install suitable temporary connections to the piping, all necessary pressure pumps, hose, pipe connections, meters,gauges and other similar equipment,and all labor required, all without additional compensation for the disinfection of all required piping systems. Disinfection shall be conducted on the following systems: �= 1, Raw water piping 2. Pressure vessels 02670 FLUSHING,TESTING AND DISINFECTION Page 2 of 4 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 3. Filtered water piping B. Conform to AWWA Standards and as modified herein. C. Maintain disinfectant for a minimum of 8 hours in such a manner that the entire system will be filled with water containing a minimum chlorine concentration of 50 ppm at any point. D. After the disinfecting agents have been permitted to remain for the specified contact periods, the water lines, and valves shall be thoroughly flushed with water until the residual chlorine tests are less than 2 PPM in each instance. The determination of the amount of residual chlorine in the system shall be made at such points and in accord with standard tests by means of a standard orthotolodine test set. r E. Replace permanent system devices removed for disinfection. F. Dechlorination of chlorinated or chloraminated water being discharged into the environment shall be in accordance with AWWA standards and comply with NPDES requirements. 3.4 BACTERIOLOGICAL SAMPLING—PRESSURE VESSELS AND PIPING A. It shall be the responsibility of the Contractor under this contract to perform the bacteriological testing required by the Florida Department of Environmental Protection and Village of Tequesta. The Contractor shall be responsible to disinfect and repeat testing as needed until clearance is obtained. The Contractor shall be responsible to pay for additional water needed if the bacteriological testing must be repeated for the clearance of each vessel. B. The piping systems require two 2 consecutive daily samples taken from the locations called I P�p� g Y q O Y P i out on the plans or as determined by the Engineer. The samples shall be taken at all the respective sample point locations. PW 1. Each vessel shall have two(2) consecutive passing samples for acceptance. C. Sampling must be coordinated with Engineer and other construction activities so as to minimize re-sampling. D. Contractor shall submit schedule for bacteriological testing and pressure tests. E. The Contractor shall incur all costs needed to provide bacteriological clearance of the piping systems. 3.5 QUALITY CONTROL A. The laboratory and personnel collecting bacteriological samples shall be Florida State certified in accordance with FDEP requirements. -END OF SECTION— F � FLUSHING,TESTING AND DISINFECTION 02670 Page 3 of 4 F' Village of Tequeska WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK r ..r 02670 FLUSHING, TESTING AND DISINFECTION Page 4 of 4 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 r- SECTION 09900 PAINTING PART 1- GENERAL 1.1 SCOPE A. Furnish all labor, surface preparation and coating material, tools, rigging, lighting, ventilation, _ and other related items of equipment and materials necessary to clean, prepare, coat,cure and cleanup a complete coating system for the interior shell of six (6) existing filter pressure vessels and applicable interior components,except as otherwise specified or shown on the drawings. 1. Surface preparation, priming,and coats of paint specified are in addition to shop priming and surface treatment specified under other sections of the work. 2. The scope of work shall include the coating of existing equipment and surfaces which are modified by this project. Color shall match existing unless otherwise noted and shall not look like patchwork-coating shall be extended to the nearest break-line, corner, etc. as may be necessary. 3. Coating systems in contact with water shall be NSF61 certified. r B. The work includes field painting of exposed bare and covered pipes,supports,exposed steel and ' iron work, vessels, and primed metal surfaces of equipment installed, except as otherwise indicated. C. Paint all new and existing called out exposed surfaces normally painted in the execution of a new project. Where items or surfaces are not specifically mentioned,or are not specifically excluded from the painting work, paint these the same as adjacent similar materials or areas. D• Clean,prepare,coat,and cure all surfaces in strict accordance with the manufacturer's published recommendations and specifications. E. Perform all work by the use of skilled workpersons in a safe and productive manner using equipment and procedures consistent with good coating practices. F. Colors are indicated on the Painting Schedule in this section or shown on the drawings. If color or finish is not designated, the Engineer will select these from standard colors available for the materials system specified. 1.2 PAINTING NOT INCLUDED A. The following categories of work are not included as part of the field-applied finish work,or are included in other sections of these specifications. 1. Shop Priming: Unless otherwise specified, shop priming of ferrous metal items is included under the various sections for structural steel, miscellaneous metal, metal fabrications, hollow metal work, and similar items. Also, for fabricated components such as shop- fabricated or factory-built mechanical and electrical equipment or accessories. 2. Pre-Finished Items: Unless unit is part of an assembly to be painted to match, i.e. -motor, or -. otherwise shown or specified, do not include painting when factory-finishing or installer finishing is specified. PAINTING 09900 Page 1 of 10 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimley-Horn Project No:040097054 3, Finished Metal Surfaces: Metal surfaces of anodized aluminum, stainless steel, chromium plate, copper, bronze and similar finished materials will not require finish painting, unless otherwise specified. 4. Operating Parts and Labels: Moving parts of operating units, mechanical and electrical parts such as valve and damper operators, linkages,linkages,sensing devices,motor and fan shafts will not require finish painting unless otherwise specified. a. Do not paint over any code-required labels, such as Underwriters' Laboratories and Factory Mutual, or any equipment identification, performance rating, name, or nomenclature plates. 1.3 RELATED SECTIONS SPECIFIED ELSEWHERE A. Section 01300-Submittals 1.4 REFERENCES A. ANSI/ASTM 016- Definitions of terms relating to paint,varnish, lacquer,and related products. B. Steel Structures Painting Council (SSPC). 1.5 DEFINITIONS i A. Conform to ANSI/ASTM D16 for interpretation of terms used in this section. 1.6 QUALITY ASSURANCE A. Furnish all coating materials by a single manufacturer. Solvent, thinners, and other miscellaneous materials can be supplied by the same manufacturer or by a supplier approved by the manufacturer. B. Furnish a statement to the Engineer from the coatings manufacturer that materials to be used by the Contractor comply with the manufacturer's recommendations. C. The Engineer reserves the right to require qualification of the product manufacturer and applicator,including satisfactory completion of at least two (2)projects of this nature. D. Manufacturer's Inspection Meeting: After set-up for painting but before commencing work, conduct a meeting at the site among representatives of the paint manufacturer, contractor, painting contractor,and Engineer to inspect the facility and review procedures recommended by the manufacturer for the prevailing conditions. 1.7 REGULATORY REQUIREMENTS A. Comply with all federal, state, and local health and fire regulations when handling and applying ,. paint and coating products. 1.8 SUBMITTALS A. Manufacturer's Data: Submit manufacturer's technical information including paint label analysis, surface preparation and application instructions for each material proposed for use. Indicate the surfaces to which each material is to be applied. B, Samples; Painting: Submit samples for Engineer's review of color and texture only, Provide a listing of material and application for each coat of each finish sample. t 09900 PAINTING Page 2 of 10 Village#fTeqweta WTP Filter(Pressurized Vessel)Upgrades ' FcbruarV13, 20I5 0mley Ho,n Project No:0400Q7US4 ��. C. Manufacturer's Certificate: Submit a written certification from the paint manufacturer that / materials furnished for the work meet or exceed specified requirements. 0. Prepare detailed painting schedule. List each Painting System to be used by Painting System Number, define extent and limits of each system and colors (by name and number) where / appropriate. 1.9 PRODUCT DELIVERY AND STORAGE � | A. Deliver all materials to tbe ]obdte in original, new and unopened packages and containers bearing manufacturer's name and label,and the following information; 1 Nannenrdt|eVfnnahor}a|. �~ . | Z. Fed, Spec. number, if applicable. 3. Manufacturer's stock number and date ofmanufacture. 4. Manufacturer's name, | 5. Contents by volume, for major pigment and vehicle constituents. ( 6. Thinning instructions. 7, Application instructions. 7- O. Color name and number. ' B. Store paint materials and painting tools and equipment,including solvents and cleaning material, in e well ventilated,dry area away from high heat. Do not store in buildings orstructures in use r~ u/being constructed, nor leave overnight therein. Follow manufacturer's recommendations for the safe storage nf paints and solvents. C. Take precautions to prevent fire hazards and spontaneous combustion. ~~ ' 1.10 SAFETY A. Make all necessary provisions regarding materials, equipment, personnel, procedures, and practices,to assure that the work |s done safely and that the working area |s maintained free of �~ ` all health and safety hazards. ' B. Observe manufacturer's health and safety precautions when storing, handling, and applying coating materials and cleanup materials containing solvents and/or chemlcal ingredients. / C. Direct peroomne|'s attention to all product warnings and information given on the |ahm|o of all products. D. Ensure that personnel mixing and applying coating materials are equipped with adequate � ' protective clothing and devices(including,esp|rato,$). E. Permit no smoking in the working area. F. Permit no item which may produce sparks or open flames in the immediate working area. -~ G. Post warning signs outside of the work to apprise personnel of the hazards in the area. Erect barriers where necessary. H. Return partially used coating materials that are to be retained to their original containers at the �~ completion of each work day. Tightly reseal containers,wipe material spills,clean and return the ! containers to the designated storage area. |. Remove waste coating materials and contaminated disposable items from the job site and dispose of them ntthe completion nf each work day, Dispose ny all items and materials instrict / accordance with local, state, and federal regulations. PAINTING 09900 U99UO Village of Tequesta VVTP Filter(Pressurized Vessel) Upgrades r� February 13, 2025 Kimley-Horn Project No:040097054 1.11 JOB CONDITIONS A. Apply water-base paints only when the temperature of surfaces to be painted and the surrounding air temperatures are between 50 degrees F and 90 degrees F unless otherwise permitted by the paint manufacturers printed instructions. B. Apply solvent-thinned paints only when the temperature of surfaces to be painted and the surrounding air temperatures are between 45 degrees F and 95 degrees F unless otherwise permitted by the paint manufacturers printed instructions. C. Do not apply paint in rain,fog or mist;or when the relative humidity exceeds 85%;or to damp or wet surfaces; unless otherwise permitted by the paint manufacturer's printed instructions. D, Painting may be continued during inclement weather only if the areas and surfaces to be painted are enclosed and heated within the temperature limits specified by the paint manufacturer during application and drying periods. E. Exercise caution when attempting to paint in windy conditions. The Contractor is responsible for j. all damage caused by wind blown paint. PART 2- PRODUCTS t 2.1 COLORS AND FINISHES Ll A. Paint colors,surface treatments,gloss, and finishes are indicated or specified in the"schedules" of the contract documents. Color and gloss not indicated or specified shall match the Owner's ... existing color scheme. B. Final acceptance of colors will be from samples applied on the job. C. Paint Coordination: Review other sections of these specifications in which prime paints are to be provided to ensure compatibility of total coatings system for various substrates. Furnish information to manufacturer's, fabricators, suppliers and others where necessary on the characteristics of the finish materials to be used, to ensure compatible prime coats are used. Provide barrier coats over incompatible primers or remove and re-prime as required. 2.2 UNDERCOATS AND THINNERS A. Undercoats: Provide undercoat paint produced by the same manufacturer as the finish coats. B. Thinners: Use only thinners approved by the paint manufacturer, and use only within recommended limits. 2.3 ACCEPTABLE MANUFACTURER'S A. All coating references herein are to Tnemec Co., Inc.,or equal.All coatings to be in contact with potable water must appear on the current Florida Department of Environmental Protection list of approved paint and protective coatings and be rated NSF approved for potable water. 2.4 PAINTING SYSTEMS A. Provide a minimum dry film thickness, noted as D.F.T.,for the applications listed in the schedule of finishes. B. Touch-up shop-applied and field applied prime coats wherever damaged or bare and keep touched-up as necessary before and after installation or erection of the items, to maintain !.) 09900 PAINTING Page 4 of 10 l� Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimley-Horn Project No:040097054 protection of the metal from rust and corrosion. Clean and touch-up with the same type of F primer as initially used. C. Note: Color for all surfaces in contact with potable water to be white or ivory to conform to State "M of Florida, EPA, and FDA Regulations for contact with potable water, All potable water piping shall be Blue. 2.5 SCHEDULE OF FINISHES rA. Steel,galvanized steel and non-ferrous metal 1. Interior of structural tank, piping, etc. in contact with water; System, Epoxy First Coat: Series 22 Epoxoline D.F.T. (Mils): 4.0—6.0 Second Coat: Series 22 Epoxoline D.F.T. (Mils): 4.0—6.0 Third Coat: Series 22 Epoxoline D.F.T. (Mils): 4.0—6.0 Total Coats: 3 Min D.F.T. (Mils): 16.0 2.6 SCHEDULE OF COLORS: 1. Colors shall be selected to match existing, unless otherwise requested by the Owner. PART 3- EXECUTION 3.1 FIELD OBSERVATION A. Verify that surfaces are ready to receive work as instructed by the product manufacturer. Do not paint over conditions detrimental to the formation of a durable paint bond and film. B. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. Do not proceed with the work until unsatisfactory conditions have been corrected. C. Provide all necessary equipment, labor, rigging, lighting and other equipment to facilitate inspectlons. D. The Engineer may inspect the Work at any time for compliance with the requirements of the specifications. E. The Engineer reserves the right to approve each phase of the Work before further work is done, to halt all Work deemed to be improper or not in compliance with the specification, and to require the Contractor to promptly correct all improper practices or deficient Work. F. The Contractor is responsible for any expenses incurred in association with corrective measures required as the result of improper practices and/or defective or deficient work. s PAINTING 09900 Page 5 of 10 r i Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 3.2 GENERAL REQUIREMENTS _ A. Provide adequate explosion — proof lighting sufficient to illuminate clearly the working area without shadows during all surface preparation and coating operations. B. Maintain adequate and continuous explosion — proof ventilation in confirmed areas during; all surface preparation and coating operations and during all recoat and curing periods, Provide ventilation of sufficient capacity to maintain a clear atmosphere that is well below explosive and toxic limits. Arrange the ventilation system, including all fans and temporary duct work, so that no still air spaces exist in any area. C. Heating devices used to create and/or maintain temperature conditions in compliance with the specification requirements are to be explosion proof and of the type that do not exhaust sooty or oily residues or any other contaminants into the air. Heating devices are not to be used when existing temperature and humidity conditions may create dew point conditions. D, Use equipment that is explosion proof and non-sparking. Spray equipment must be recommended by or acceptable to the coatings manufacturer. E. Apply caulking material only after the last coat of paint has been applied and has dried hard. Caulking material used must be of a type that is compatible with the specified coating system. 3.3 SURFACE PREPARATION A. Perform preparation and cleaning procedures in strict accordance with the paint manufacturer's instructions and as herein specified, for each particular substrate conditions. B. Surface preparation shall be conducted to prevent material from contaminating the existing water treatment process. C. Fiberglass and PVC materials shall be solvent cleaned according to SSPC-SP1 and scarified by best practical means. Every precaution should be taken to ensure that NO sanding dust is drawn into the water treatment process. Painting contractor to furnish all necessary barrier,drapes,etc.to prevent contamination of the Finish Water. D. Surface preparation for steel components (pressure vessels) that are intended for immersed service shall be per SSPC-SP10/NACE 2 Near-White Blast Cleaning with a minimum angular anchor profile of 3 mils. 3.4 MATERIAL PREPARATION A. Mix and prepare painting materials in accordance with manufacturer's direction. B. Store materials not in actual use in tightly covered containers. Maintain containers used in storage, mixing and application of paint in a clean condition, free of foreign materials and residue. C, Stir materials before application to produce a mixture of uniform density, and stir as required during the application of the materials. Do not stir surface film into the materials. Remove the film and if necessary,strain the material before using. 3.5 APPLICATION A. General 1. Conform to articles "General Requirements" and "Surface Preparation" prior to beginning coating application. 09900 PAINTING Page 6 of 10 Village of Tequesta WTP Filter(Pressurized Vessel) Upgrades February 13, 2025 Kimley-Horn Project No,040097054 2. Apply paint as specified and in accordance with the manufacturer's printed instructions. r Unless otherwise recommended in the manufacturer's printed instructions or specified elsewhere (e.g. Bid Form, Painting System) use brushes for applying first coat on wood and use standard industrial spray equipment, either airless or conventional for applying first coat on metals other than sheetmetal and items fabricated from sheetmetal. For other coats on wood, metal and other substrates, use applicators and techniques best suited for the type of material being applied. 3. Apply additional coats when undercoats, stains or other conditions show through the final coat of paint, until the paint film is of uniform finish, color and appearance. Give special attention to insure that all surfaces, including edges, corners, crevices, welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 4. Paint surfaces behind movable equipment and furniture the same as similar exposed surfaces. r• 5. Paint surfaces behind permanently-fixed equipment or furniture with prime coat only before F final installation of equipment. 6. Paint interior surfaces of ducts, where visible through registers or grilles, with a fiat, non- specular black paint, 7. Paint the back sides of access panels, and removable or hinged covers to match the exposed surfaces. r„ 8. Finish exterior doors on tops, bottoms and side edges the same as the exterior faces, unless otherwise indicated or specified. 9. Sand lightly between each succeeding enamel or varnish coat. 10. Omit the field prime coat on shop-primed and touch-up painted metal surfaces which are not to be finish painted and which will not be exposed to view in the completed work. Do not omit primer on metal surfaces specified to be finish coated or on metal surfaces that will be exposed to view in the completed work. 11. Putty nail holes and joints after prime coat is dry. 12. Change colors at corner of stop where colors differ between adjoining rooms or spaces and where door frames match wall colors. t" 13. Provide a finished coating system free of all runs,sags,cracks, blisters,pinholes,excessive or deficient fill thickness,or any other defects. Correct any such deficiencies by proper removal of the defect and/or recoating. "! 14. Apply the first-coat material to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. Sandblasted surfaces are not to be left uncoated overnight. 15. Allow sufficient time between successive coatings to permit proper drying. Do not recoat r until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and the application of another coat of paint does not cause lifting or loss of adhesion of the undercoat. p 16. Provide minor tinting to each coat of paint in order to differentiate between coats. B. Minimum Coating Thickness t PAINTING 09900 Page 7of10 r f Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades r, February 13, 2025 Kimley-Horn Project No:040097054 1. Apply each material at not less than the manufacturer's recommended spreading rate, to establish a total dry film thickness as specified or, if not specified, as recommended by the coating manufacturer, 2. Painting of Mechanical and Electrical Work a. Limit painting of mechanical and electrical work to those items exposed in equipment rooms and occupied spaces, and on the exterior of buildings or structures. C. Mechanical items to be painted include, but are not limited to,the following: a. Piping, pipe hangers, and supports b. Pressure vessels c. Accessory items D. Prime Coats J 1. Apply a prime coat of material,which is required to be painted or finished,and which has not been prime coated by others. Z. Clean and prime unprimed ferrous metals as soon as possible after delivery of the metals to J the job site. 3. Recoat primed and sealed surfaces where there is evidence of suction spots or unsealed areas in first coat, to assure a finish coat with no burn-through or other defects due to insufficient J sealing. 4. Completed Work 5. Match approved samples for color,texture and coverage. 6. Remove,refinish or repaint work not in compliance with specified requirements. E. Dry Film Gauge 1. Provide "Noroson Magnetic Dry Film Thickness Gauge" as supplied by the coatings _ manufactured. 3.6 CLEAN-UP AND PROTECTION A. Clean-up u 1. During the progress of the work, remove from the site all discarded paint materials, rubbish, cans and rags at the end of each work day. 2. Upon completion of painting work, clean window glass and other paint—spattered surfaces. .: Remove spattered paint by proper methods of washing and scraping,using care not to scratch or damage finished surfaces. B. Protection 1. Protect open water holding tanks and basins of the existing water treatment plant, 2. Protect work of other trades, whether to be painted or not, against damage from painting and finishing work. iJ 3. Protect surfaces that might otherwise be damaged by dripping,splashing,or spraying of paint. Correct any damage by cleaning, repairing or replacing and repainting as acceptable to the Engineer. 4. Provide "Wet Paint" signs as required to protect newly-painted finishes_ Remove temporary protective wrappings provided by others for protection of their work,after the completion of paint operations. 09900 PAINTING r Page 8 of 10 Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades Revised February 13, 2025 Kimley-Horn Project No:040097054 5. At the completion of work of other trades, touch-up and restore all damaged or defaced painted surfaces. 6� Repair of damage caused by overspray is the contractor's responsibility. 3.7 WARRANTY A. If within one year after the date of Substantial Completion, any Work is found to be defective, CONTRACTOR shall promptly,without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work,or,if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with terms of such instructions,or in an emergency where delay would cause serious risk of loss " or damage,OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including I^ compensation for additional professional services,will be charged to the CONTRACTOR. -END OF SECTION-- r t' I^ k PAINTING 09900 Page 9of10 r r s: Village of Tequesta WTP Filter jPressurizecl Vessel)Upgrades L; Revised February 13, 2025 Kimley-Hoar Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK ! ! 1 ! ! 1 ! 09900 PAINTING Page 10 of 10 L Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 SECTION 11200 FILTRATION EQUIPMENT PART1- GENERAL 1.1 SCOPE A. This section covers the removal,and replacement of the internal components of six(6) pre- treatment filtration pressurized vessels. Internal components include but not limited to distributor piping, underdrain, support gravel,gravel retaining screens and supports,and filter media.The vessel upgrades shall include necessary piping for installation and all specified or required accessories and appurtenances for a complete system.This work also includes surface preparation and recoating of the interior of all six(6)vessels. 1.2 RESPONSIBILITY _. A. The pressure vessels internal components and filtering media shall be included as part of the pre-treatment system internal components supplied by a pre-approved System Supplier and installed by the Contractor. B. System Suppliers shall be Hungerford&Terry, Inc., Evoqua Water Technologies,or approved equal. C. All removed vessel interior components and filter media shall be legally disposed of. D. Contractor to notify the Owner and Engineer at least 48 hours in advance before removing any r' vessels out of service. 1.3 RELATED SECTIONS — A. Section 01300—Submittals B. Section 02670—Flushing,Testing and Disinfection C. Section 09900- Painting 1.4 REFERENCES A. The following list of standards are referenced in this section: _ 1. ANSI B16.5-88, Pipe flanges and flanged fittings 2. ANSI B16.11-80, Forged steel fittings,Socket welding and threaded 3. ASME Boiler and Pressure Vessel Code,Section VIII. ... 1.5 QUALITY ASSURANCE A. Fabricated piping shall meet all ASME code requirements as specified herein. B. Statement that vessel welders are ASME certified. 1.6 SUBMITTAL A. Provide shop drawings as described in Section 01300, _ B. Complete dimensional fabrication drawings of vessel complete with accessories. C. Complete drawings showing all distributor and collector piping details. FILTRATION EQUIPMENT 11200 w Page 1 of 4 n Village of Tequesta WTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 PART 2- PRODUCTS 2.1 TANK DESCRIPTION A. The system consists of six(6)existing vertically oriented pressure vessels.The vessels have a diameter of 10-ft, and a straight side shell length of 66 inches. ... B. Each tank shall include a separate inlet distributor of Sch-40 steel construction,type 304 stainless steel gravel retaining screens with a minimum wire diameter of 0.028 inches, underdrain of non-ferrous or"self-cleaning" ferrous construction, all with associated interior J hardware and fasteners as required for efficient iron removal and backwash operating modes. 2.2 DESIGN AND FABRICATION A. Vessel internal components and fabrication: 1. Hub-lateral inlet distributer/waste collector constructed with schedule 80 PVC pipe and fittings.The hub will extend down from the top head and include three(3) lateral arms,each ending with two(2)upturned elbows. 2. Gravel retaining screens with 304 stainless steel support angles and flats, 8-mesh 304 stainless steel screen and stainless steel nelson studs as required to fasten the screen to the tank and supports. 3. Hub(polypropylene),curved radial lateral constructed with schedule 80 PVC underdrain distributor. Laterals are curved to follow the contour of the tank bottom heads. LJ 2.3 FILTER MEDIA A. Sand; 1. Effective size-0.45-0,55 mm J 2. Uniformity coefficient less than 1.5 3. Depth-24 in. 4. Specific Gravity-2.6 min. J B. Anthracite: 1. Effective size-0.6-0.8 mm 2. Uniformity coefficient less than 1.5 3. Depth-16 in. u 4. Specific Gravity-1.5 or greater 5. Hardness, Mohs Scale-3.0 or greater 6. Acid Solubility-1 percent max 7. Caustic Solubility-2 percent max in 1 percent sodium hydroxide solution at 190 degrees Fahrenheit. 8. Friability-3 percent size reduction max, C. Gravel: 1. A gravel support bed shall be incorporated in the bottom of each vessel,consisting of five (5) layers of graded gravel,with the largest size gravel loaded into the filter first and the .. succeeding smaller sizes placed on top. The gravel graduations shall be as follows: a. 1/8" x 1/16" (3.0)inches b. 1/4" x 1/8" (3.0)inches ..� c. 1/2" x 1/4" (1.5)inches d. 3/4" x 1/2" (1.5)inches 11200 FILTRATION EQUIPMENT Page 2 of 4 t� � � Village ofTeqmeob/ VVTP Filter(Pressurized Vexse|)Up8rades ' February1], 202G 0nn�yHornProiec No:O40D97O54 ����������������������������������������������������� e. I.5"x3/4" (3.{)inches 2. All filter media ohoU conform with the latest American Water Works Association (AVVVVA) Specification number Bl0U. ~- 2.4 COATINGS A. The pressure vessel interior shall be coated in accordance with Section 09900, and all paint in contact with potable water must be NSF approved. PART 3- EXECUTION 3.1 INSTALLATION A. Install all equipment in strict conformance with the manufacturer's specifications and industry ~~ standards. Perform all work ina workmanlike manner. 8. Nq piping connecting for any qfthe equipment will be jacked, pried or forced into position im any way. All piping must mate perfectly with the equipment it is attaching prior to installation ~~ of flange bolts mr other connecting devices. 3.2 FIELD TESTING A. Hydrostatically test installed vessels and associated piping for hours at 3096 in excess of the -~ design pressure before functional testing. ' B. Upon completion of sand blasting, Contractor shall coordinate with an A8ME code inspector to perform ultrasonic testing of tanks to determine the remaining thickness of the steel surface. y� 1. inspection shall provide an updated pnwsoumv rating for the vessel based on current ' condition 2. |f repairs are determined tobe necessary,the equipment supplier shall provide r, recommendations for repairs that the Owner may elect to perform utilizing the undefined ~ conditions allowance for this contract. C. inspect and test vessel components for operation,correctness and performance. D. Contractor shall submit Certificate of Proper Installation (COP|) upon completion of work, The COPI shall be signed by the Contractor and the equipment supplier that certifies the work is done in accordance with manufacturer's recommendations and fulfills the conditions required as part uf the warranty for said work. E. If tests� . ' ' ^ at no cost toowner. -END OFSECT|ON - / r` FILTRATION EQUIPMENT 11200 Village of Tequesta VVTP Filter(Pressurized Vessel)Upgrades February 13, 2025 Kimley-Horn Project No:040097054 THIS PAGE INTENTIONALLY LEFT BLANK 1 11200 FILTRATION EQUIPMENT Page 4 of 4 ■ Appendix A - Project Plan Sheets Appendix B — Hungerford & Terry Operating & Maintenance Filter Vessel Sketch Sheets NUNGERFGRD & TERRY, Inc. MADE BY WC DATE 1/14/85 C L A Y T O N. N. J. CON L-367 T1TL.E FILTER DATA SHEET ., Number of Filters - Six(6) Tanks Size - 120" O.D. x 5' -6" High Tanks Rating - 100 PSI ASME Code Tank Area - 77. 07 Sq. Ft. Backwash - 12 Gal. So. Ft. Backwash Flow - 925 GPM Slow Backwash - 3 . 89 Gal. Sa. Ft . ., Slow Backwash Flow - 300 GPii Air Flow - 68 CFM Service Flow - 300 GPM Each Total Service Flow - 1200 GPM Total Gallons Between Washes - Approximately 200,000 Gallons (Depending on Iron Content of Raw Water) Ferrosand - 154 Cu. Ft. Ferrosand Bed Depth - 24" Anthracite - 103 Cu. £t. Anthracite Bed Depth - 16" Freeboard - 57% Gravel Bed - 5 Sizes 11" Depth Permanganate Tank Size - 28" O.D. x 44" High Permanganate Tank Gallons/Inch - 2. 5 Gallons Permanganate Per Gallon - 2.0 Ounces i MADE BY_gi.41C._ _ HUNGERFORD & TERRY Inc. DATE`_-2o-84 f C L A Y T O N . N . J . SCALE 1 CHECKED'! ��LTEC 71..�T'CiZK (FERROSAND) ('ITLE —- --- --- - _ _ - APPROVED__ 1/16 - 1/8 Gravel 3 " �AZEAO 77.07 50.r T. 1/8 - 1/4 Gravel Gravel Bed* 1/4 - 1/2 Gravel 1.5 " 1 /2 - 3/4 Gravel I.-5 " 0 3/4 - 1-1/2 Gravel Z " �V4 - 1-1/2 GP-AV EL. f5OTTOM HEAD- 0 SE` ot4,-2RO%0Qc - CZ 57-� Ff�EEaoAiZo IO 3 CU.F-T. AI-ITNPAGtTE g N In U1�itF. CO&F. . 1.55 02 t_E5-5 _ a 15 4 C U. FT- Q� u1 %9 -Su]?-no �G�El.L=SSE ` j ' Dom. 0G -8'7 UWDEK-01 A11J/Ne SYSTEM z E1%Alva"OIATEirotg Refer o nstruction manual or sEE olp"�'4 loading instructions * 3/4 - 1-1/2 Gravel is to be put into the tank first . Each successive layer should be of smaller size gravel until the final layer of Grove l is COW.MM MADE eY_R.N C HUNGERFORD & TERRY Inc. DA - 4-84 CLAYTON, N . J . cNECKEa_- _ •• FT,Tuw IZO" INLET DISTRIBUTIQP► SYSTEt''1 APPROVED "K4", SoCKE'� WE�.p o gU laH 11.-1Ck - i IL .4„ S.w � PVC 1=-� . _�x I 'i 2"Tt•-11C. tCo?�EQ'C�)./ DI ST D1sT. _tES)3/4° 5TU. STL. � BOLTS .4"lt4,w/ WAS R&-CS t, - UTS Fri. CfJ1. W. SUPPORT ! ;! sEE D2G PIPE a r-,rnuGsi 1w -t K - SC-H. 10 "3 04 SS. - P1Pt d F-ITT11.lG�S --- ' 10" MSS 504 S. 5. SUP-OQ F-LCa . `"/(12) STN4-ST L. -7/5- DtA. STUDS . 3." L(Zl . t Qu-r,5. y 2. 21,Z�� BOLT NOLF-SON _ a w - E .� . ERFO RD CLAly & r o, o 1v ,�. oR y ,�� s�R��vJ nC• p ACE 8Y 4T EB-- �,� CAiL S -D ti S 5 CHECKE_ aPf�l4CVAk �x Ica \ vc CCq �dRG Dow S Zggo MADE BY HUNGERFORD & TERRY -InC. DATE 8-2't 4_ CLAYTON . N . J . SCALE_!=,L-o_ 1J/JOEPTJ .1t.i LATEf� ` C�ETAtt_S CHECKED';—Or� TITLE__ -- - —. — APPROVED_ Lj ^ N Z ji aw rj o q -44 7N11 co C3, %M �. ����.�o� owrs �•o corCr. No. r.. FLORDES-05 GIRDLERS ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 4/21/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C ACT Michelle Colon Insurance Office of America PHONE FAX 4915 West Cypress Street (A/C,No,Ext):(813)262-2501 (A/c,No): Tampa,FL 33607 D' s:Michelle.Colon@ioausa.com ' INSURERS)AFFORDING COVERAGE NAIC# SpecialtyINSURER A:Crum&Forster 44520 INSURED INSURERB:FCCIinsuranC Com anlnsuranceCom n 0178 Florida Design Contractors, LLC INSURER C:AS en American Insurance Company 43460 ' 1326 South Killian Dr. INSURER D:Benchmark Specialty Insurance Company 17180 Lake Park,FL 33403 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED-OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER M/ D I LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE X OCCUR X X EPK151318 3/1/2025 3/1/2026 DAMAG'ET EaEoNTERence $ _ 50,000 X Professional Liab MED EXP(Any oneperson) $ 5,000 X PL-$1,000,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�jPE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:Pollution Liability lEach Occurence 11000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO X X CA10009050201 3/1/2025 3/1/2026 BODILY INJURY Per on $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY D BOODILY INJURY Per accident $ _ ' AUTOS ONLY AUTO OY PPa°ecEcRdent AMAGE $ — A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X EFX128234 311/2025 3/1/2026 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 0 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X C010009050301 3/1/2025 3/1/2026 1,000,000 OFFICER/rM R EXCLUDED? IN NIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descr be under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT C Leased/Rented Equip IM0103Y25 1 3/1/2025 3/1/2026 Limit 250,000 D Excess Liability MNGRX200087901 3/1/2025 3/1/2026 Each Occurence 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is re ulredl RE:Water Treatment Plant(WTP)Filter(Pressurized Vessel)Plant Upgrades,Tequesta,Florida-Certificate holder is named as additional insured including ongoing and completed operations for general liability on a primary&non-contributory basis,auto liability,and umbrella when required by written contract. Waiver of subrogation applies to general liability,automobile,umbrella,and workers'compensation coverages for the additional insureds when required by written contract.The umbrella is excess over the general liability,automobile,and employers liability coverages.Cancellation:30-days'notice of cancellation applies except 10-days for non-payment of premium per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Village of Tequesta 345 Tequesta Drive Tequesta.FL 33469 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD